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| BUCY > SEC Filings for BUCY > Form 8-K on 4-Sep-2009 | All Recent SEC Filings |
4-Sep-2009
Change in Directors or Principal Officers, Financial Statements and Exh
(e) On August 3, 2009, Bucyrus International, Inc. (the "Company") announced that the employment of Kenneth W. Krueger as the Company's Chief Operating Officer - Surface had been terminated upon mutual agreement.
On September 3, 2009, the Company entered into a Severance Agreement (the "Agreement") with Mr. Krueger. Pursuant to the Agreement, Mr. Krueger may remain on the Company's active payroll through December 31, 2009 at the compensation and benefit level he was receiving prior to the termination of his employment. Mr. Krueger will remain eligible for an annual cash bonus if any such bonus is paid in February 2010 based on the full year 2009 actual results.
On December 31, 2009, assuming Mr. Krueger has remained on active payroll
through that date, (i) the Company will fully vest Mr. Krueger's premium
restricted shares included in Mr. Krueger's 2006 restricted stock grant without
regard to whether the performance criteria for such shares have been met, and
(ii) any of Mr. Krueger's stock appreciation rights that would otherwise have
vested on such date will vest accordingly. Any of Mr. Krueger's stock
appreciation rights or restricted shares that are unvested after December 31,
2009 will be forfeited.
Commencing on January 1, 2010, the Company will pay Mr. Krueger 14 months of severance at his current monthly base salary level in the form of salary continuation. During the 14 month severance period, Mr. Krueger will be eligible to continue his coverage under the Company's health, dental and vision insurance plans unless he comes eligible for similar insurance coverage from other sources during the severance period. After the end of such 14-month period, Mr. Krueger will be entitled to continued coverage under COBRA.
The Company will pay to Mr. Krueger his Supplemental Executive Retirement Plan and deferred compensation entitlements on or about July 31, 2010. Additionally, the Company will provide Mr. Krueger with reasonable executive outplacement services at its cost through December 31, 2011.
Pursuant to the Agreement, Mr. Krueger's Key Executive Employment and Severance Agreement with the Company dated as of August 11, 2008 (the "KEESA") has been terminated, and any Change of Control of the Company (as defined in the KEESA) that may occur after the date of the Agreement will not trigger any of the otherwise applicable provisions or benefits under the KEESA.
In consideration of the benefits under the Agreement, Mr. Krueger has agreed that until February 28, 2012 he will not assist or work in any capacity, either directly or indirectly, for a designated major competitor of the Company or any subsidiary or affiliate thereof anywhere in the world where such designated major competitor and the Company do business. Mr. Krueger has also signed a release of any claims that he has against the Company.
A copy of the Agreement is filed herewith as Exhibit 10.1 and is incorporated herein by reference.
(a) Not applicable.
(b) Not applicable.
(c) Not applicable.
(d) Exhibits. The following exhibit is being filed herewith:
(10.1) Severance Agreement between Kenneth W. Krueger and Bucyrus International, Inc., dated September 3, 2009.
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