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| NWL > SEC Filings for NWL > Form 8-K on 9-Oct-2009 | All Recent SEC Filings |
9-Oct-2009
Change in Directors or Principal Officers, Financial Statements and Exhibit
(b) On October 7, 2009, Newell Rubbermaid Inc. (the "Company") announced that J. Patrick Robinson, the Executive Vice President and Chief Financial Officer of Newell Rubbermaid Inc. (the "Company") informed the Company of his intention to take early retirement. In connection with his retirement, Mr. Robinson's duties as chief financial officer are expected to end on or about December 31, 2009. A copy of the press release issued by the Company on October 7, 2009 describing this personnel change is included as Exhibit 99.1 to this Current Report on Form 8-K.
(e) In connection with his retirement, Mr. Robinson entered into a Separation Agreement and General Release (the "Separation Agreement") with the Company dated October 8, 2009. A copy of the Separation Agreement is attached to this Current Report on Form 8-K as Exhibit 10.1 and incorporated herein by reference.
The material terms of the Separation Agreement are as follows: (i) continued
salary payments of $345,967 through September 30, 2010 (the "Separation Date");
(ii) continued eligibility for a bonus under the Management Cash Bonus Plan for
2009 based on satisfaction of the applicable performance criteria; (iii)
eligibility to receive a credit to his SERP Cash Account for 2009 under the
Company's Deferred Compensation Plan; (iv) 100% vesting of his SERP Cash
Account, including the 2009 contribution described above; (v) continued coverage
under the Company's group health and dental plans until Mr. Robinson reaches age
65 at the rates applicable to the Company's employees; (vi) all vested options
as of the Separation Date shall be exercisable until the earlier of September
30, 2011 or the 10th anniversary of the date of the original grant; (vii) all
unvested options as of the Separation Date shall become vested on February 11,
2012, and shall be exercisable until the earlier of February 11, 2013 or the
10th anniversary of the date of the original grant; (viii) retention of the
13,787 shares of restricted stock granted in February 2007 with vesting to occur
on February 6, 2010; (ix) retention of the award of 9,842 shares of restricted
stock granted in February 2008 with vesting to occur in connection with the
Separation Date; and (x) retention of the award of 49,500 restricted stock units
granted on February 11, 2009 with vesting to occur in connection with the
Separation Date. Except as otherwise provided in the Separation Agreement, Mr.
Robinson shall remain eligible to participate in the Company's benefit plans on
the same terms and conditions as the Company's employees generally.
Until September 30, 2010, Mr. Robinson is prohibited from performing the same or substantially the same job duties on behalf of an entity that competes with the Company in the United States. He is also prohibited from soliciting certain Company employees through September 30, 2012. The Separation Agreement also contains a release of claims provision. Mr. Robinson has seven days in which to revoke his acceptance of the Separation Agreement. If he does not revoke his acceptance, the Separation Agreement shall become effective the day after the seven day revocation period.
Exhibit 10.1 Separation Agreement and General Release dated October 8, 2009 by and between J. Patrick Robinson and the Company.
Exhibit 99.1 Press Release dated October 7, 2009 issued by the Company
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