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Quotes & Info
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| COBR > SEC Filings for COBR > Form 8-K on 7-Jan-2009 | All Recent SEC Filings |
7-Jan-2009
Change in Directors or Principal Officers
(e) On December 31, 2008, Anthony Mirabelli's employment agreement with Cobra Electronics Corporation (the "Company") was amended (the "Amendment") to comply with Section 409A of the Internal Revenue Code of 1986, as amended and the guidance promulgated thereunder and to amend the benefits to which Mr. Mirabelli would be entitled following a termination of employment by Mr. Mirabelli for good reason.
Benefits Following Termination For Good Reason
Mr. Mirabelli's employment agreement provides for payments of certain benefits upon the termination of the employment. Mr. Mirabelli's rights upon a termination of his employment depend upon the circumstances of the termination. The Amendment adds the concept of a "Material Negative Change" in the termination section of Mr. Mirabelli's employment agreement.
A "Material Negative Change" is generally defined as follows: (a) (i) a material
diminution in Mr. Mirabelli's authority, duties or responsibilities as an
officer of the Company, (ii) a material change in the geographic location at
which Mr. Mirabelli must perform his services to the Company or (iii) a material
breach by the Company of the terms of Mr. Mirabelli's employment agreement
pursuant to which he provides services to the Company and (b) Mr. Mirabelli has:
(i) provided notice to the Company of the existence of the material negative
change within 90 days of the initial existence of such change, (ii) the Company
does not remedy the material negative change within 30 days of the Company's
receipt of such written notice and (iii) as a result of the material negative
change not being remedied, Mr. Mirabelli terminates his employment with the
Company after such 30-day period and not later than twelve months after the
initial existence of one or more of the material negative changes, and such
termination is not after the occurrence of an event constituting "cause" for
purposes of Mr. Mirabelli's employment agreement.
If there is a "Material Negative Change" prior to Mr. Mirabelli's termination of employment with the Company, he will be entitled to, subject to certain restrictions, (i) salary through and including the effective date of his termination of employment and (ii) continued biweekly payments in an amount equal to his regular biweekly salary until the Company has made 26 such payments to him.
The foregoing description is only a summary of certain provisions of the Amendment and is qualified in its entirety by reference to the Amendment, which is filed as Exhibit 10-1 hereto and incorporated herein by reference.
Item 9.01. Exhibits.
(d) The following is a list of the exhibits filed herewith.
Exhibit No. Description of Exhibit
10-1 Employment Agreement Amendment between Cobra Electronics Corporation and
Anthony Mirabelli, dated December 31, 2008.
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