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PERY > SEC Filings for PERY > Form 8-K on 1-Jul-2009All Recent SEC Filings

Show all filings for PERRY ELLIS INTERNATIONAL INC | Request a Trial to NEW EDGAR Online Pro

Form 8-K for PERRY ELLIS INTERNATIONAL INC


1-Jul-2009

Entry into a Material Definitive Agreement, Financial Statements an


Item 1.01 Entry into a Material Definitive Agreement

On June 26, 2009, Perry Ellis International, Inc. (the "Company") entered into an employment agreement with Mr. Stephen Harriman pursuant to which Mr. Harriman will continue to serve as the President of the Company's Bottoms Division. The employment agreement for Mr. Harriman, which is effective as of May 1, 2009, is for a term of two years. The employment agreement provides for an annual salary of $500,000, retroactive to June 1, 2009. Mr. Harriman is eligible to participate in the Company's Management Incentive Plan.

If the Company terminates Mr. Harriman's employment without cause (as that term is defined in his employment agreement) he is entitled to a severance payment equal to six months of his then- current base salary; provided Mr. Harriman executes a full waiver and release of all claims against the Company and reaffirms the restrictive covenants set forth in the employment agreement. In the event the Company terminates Mr. Harriman's employment without cause or Mr. Harriman terminates his employment for good reason (as that term is defined in his employment agreement) within twelve months following a change in control (as that term is defined in his employment agreement), Mr. Harriman will be entitled to a severance payment equal to one year of his salary plus the amount of incentive compensation that would have been received by Mr. Harriman in the current fiscal year; provided Mr. Harriman executes a full waiver and release of all claims against the Company and reaffirms the restrictive covenants set forth in the employment agreement. Mr. Harriman may not enter into any employment or other agency relationship with certain of the Company's competitors or solicit or enter into any business relationship with any of the Company's vendors, suppliers, sourcing agents, manufacturers, brokers or other parties providing goods or services to the Company during his employment or for a period of six months following his separation from the Company, for any reason. Mr. Harriman also may not, directly or indirectly, without the Company's express written permission, for a period of two years after his separation from the Company, employ anyone who is a consultant or employee of the Company at the time of his separation from the Company or who was a consultant or employee during the six-month period prior to his separation from the Company. Mr. Harriman also may not disclose or utilize any trade secret or confidential information during the term of his employment and for a period of ten years after his separation from the Company.

The foregoing description is subject to the complete terms of the employment agreement, which is filed as Exhibit 10.1 to this Form 8-K.



Item 9.01 Financial Statements and Exhibits.

(c) Exhibits.

10.1 Employment Agreement by and between Perry Ellis International, Inc. and Stephen Harriman

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