Search the web
Welcome, Guest
[Sign Out, My Account]
EDGAR_Online

Quotes & Info
Enter Symbol(s):
e.g. YHOO, ^DJI
Symbol Lookup | Financial Search
TSCM > SEC Filings for TSCM > Form 8-K on 13-Mar-2009All Recent SEC Filings

Show all filings for THESTREET COM | Request a Trial to NEW EDGAR Online Pro

Form 8-K for THESTREET COM


13-Mar-2009

Entry into a Material Definitive Agreement, Termination of a Material Definitive Ag


Item 1.01 Entry into a Material Definitive Agreement

The information set forth under Item 5.02 of this Current Report on Form 8-K relating to the departure of Thomas J. Clarke, Jr. from TheStreet.com, Inc. (the "Company") and the entry into a separation agreement and mutual release is hereby incorporated in this Item 1.01 by reference.



Item 1.02 Termination of a Material Definitive Agreement

The information set forth under Item 5.02 of this Current Report on Form 8-K relating to the departure of Mr. Clarke from the Company and the termination of his employment agreement is hereby incorporated in this Item 1.02 by reference.



Item 5.02 Departure of Directors or Principal Officers; Election of Directors;
Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.

On March 13, 2009, the Company announced that Mr. Clarke, Chief Executive Officer of the Company, will cease to be an officer and director of the Company effective March 21, 2009 (the "Effective Date").

The Company also announced that Daryl Otte, who has served as a Director of the Company since 2001 and has previously served as the Chairman of the Company's Audit Committee, will assume the role of interim Chief Executive Officer of the Company on the Effective Date and until a permanent replacement is named. Mr. Otte is a founding partner of Montefiore Partners, a venture capital investment fund management firm. Prior to founding Montefiore Partners in 2000, Mr. Otte was senior vice president and member of the executive committee of Ziff-Davis, Inc., a leading media company. During his service at Ziff-Davis from 1995 through 2000, Mr. Otte initiated and managed acquisition and development projects and venture investments, including some of the early commercialization efforts of the Internet.

On March 13, 2009, in connection with Mr. Clarke's departure, the Company and Mr. Clarke entered into a separation agreement and mutual release, a copy of which is attached hereto as Exhibit 10.1 and incorporated by reference herein, whereby, among other things: (a) Mr. Clarke's employment agreement with the Company dated September 13, 2007 and amended on October 24, 2008 (a copy of which agreement and amendment are filed as exhibits 10.10 and 10.11, respectively, to the Company's Annual Report on Form 10-K for the fiscal year ended March 31, 2008) will be terminated on the Effective Date, except that certain provisions of the employment agreement will survive, including those relating to non-competition, non-solicitation, confidentiality and non-disparagement, (b) Mr. Clarke will make himself available to assist and cooperate with the Company in its transition to his successor, (c) Mr. Clarke will receive shares of stock on a share-for-unit basis in exchange for Mr. Clarke's RSUs granted during his employment and will receive cash payments for phantom shares awarded under the Company's Performance Incentive Plan during his employment. Mr. Clarke will also will be paid over the 12 months following the Effective Date an aggregate amount equal to his most recent annual base salary, payable in accordance with the Company's normal payroll practices, will be paid accrued salary and vacation time through the Effective Date, and will be entitled over the 12 months following the Effective Date to certain medical and insurance benefits equivalent to those most recently provided to him by the Company during his employment, and (d) Mr. Clarke and the Company will mutually release each other in connection with customary matters.


A copy of the Company's press release relating to certain matters contained herein is attached hereto as Exhibit 99.1 is incorporated by reference herein.



Item 9.01Financial Statements and Exhibits.

(c)      Exhibits.

Exhibit
Number   Description

10.1     Separation Agreement and Mutual Release between the
         Company and Thomas J. Clarke, Jr. dated March 13, 2009.

99.1     Press Release issued March 13, 2009.


  Add TSCM to Portfolio     Set Alert         Email to a Friend  
Get SEC Filings for Another Symbol: Symbol Lookup
Quotes & Info for TSCM - All Recent SEC Filings
Sign Up for a Free Trial to the NEW EDGAR Online Pro
Detailed SEC, Financial, Ownership and Offering Data on over 12,000 U.S. Public Companies.
Actionable and easy-to-use with searching, alerting, downloading and more.
Request a Trial      Sign Up Now


Copyright © 2010 Yahoo! Inc. All rights reserved. Privacy Policy - Terms of Service
SEC Filing data and information provided by EDGAR Online, Inc. (1-800-416-6651). All information provided "as is" for informational purposes only, not intended for trading purposes or advice. Neither Yahoo! nor any of independent providers is liable for any informational errors, incompleteness, or delays, or for any actions taken in reliance on information contained herein. By accessing the Yahoo! site, you agree not to redistribute the information found therein.