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DURA AUTOMOTIVE SYSTEMS, INC. SECTION 16 OFFICER/SENIOR EXECUTIVE EMPLOYMENT TERM SHEET AGREEMENT

Employee Retention Agreement

DURA AUTOMOTIVE SYSTEMS, INC.
SECTION 16 OFFICER/SENIOR EXECUTIVE EMPLOYMENT TERM SHEET AGREEMENT | Document Parties: DURA AUTOMOTIVE SYSTEMS INC You are currently viewing:
This Employee Retention Agreement involves

DURA AUTOMOTIVE SYSTEMS INC

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Title: DURA AUTOMOTIVE SYSTEMS, INC. SECTION 16 OFFICER/SENIOR EXECUTIVE EMPLOYMENT TERM SHEET AGREEMENT
Date: 12/9/2008
Industry: Auto and Truck Parts     Sector: Consumer Cyclical

DURA AUTOMOTIVE SYSTEMS, INC.
SECTION 16 OFFICER/SENIOR EXECUTIVE EMPLOYMENT TERM SHEET AGREEMENT, Parties: dura automotive systems inc
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EXHIBIT 10.1

DURA AUTOMOTIVE SYSTEMS, INC.
SECTION 16 OFFICER/SENIOR EXECUTIVE EMPLOYMENT TERM SHEET AGREEMENT

Dura Automotive Systems, Inc. (“Company”) hereby employs the individual(s) listed on the attached Exhibit A (“Executive”) in the job positions listed in the same Exhibit, subject to the terms set forth in this document, as well as all other documents referenced herein.

 

1.

 

Job Position : Executive’s employment with Company shall commence on the date reflected next to his/her name in the attached Exhibit A. Executive shall be employed and shall work in a full-time capacity in the job position reflected next to his/her name in the attached Exhibit A. Except for the position of President & Chief Executive Officer, all other Executives shall report to the Company’s President & Chief Executive Officer; the Company’s President & Chief Executive Officer shall report directly to the Board of Directors. Executive shall be based out of Company’s global headquarters office, currently located in Rochester Hills, MI, unless otherwise agreed. Executive’s job duties shall be similar to those of similarly-situated executives in public companies, including but not limited to the duties of his/her immediate Dura predecessor, and as otherwise directed from time to time by the Company’s President & Chief Executive Officer and/or Board of Directors. Executive shall devote all of his/her time, attention, knowledge, and skill solely and exclusively to the business and interests of the Company, and the Company shall be entitled to all benefits and profits arising from or incident to any and all work, services, and advice of Executive; provided, however, that Executive shall not be precluded from devoting personal time to personal investments or from serving in outside director and/or advisory positions, as long as such positions do not conflict with Executive’s ability to fully perform his/her duties for the Company and as long as such positions are approved in writing in advance by the Company’s Board of Directors.

 

 

 

 

 

2.

 

Base Salary : Executive shall be paid a gross annual base salary of the amount reflected next to his/her name in the attached Exhibit A, less customary and statutory withholdings and deductions (“Base Salary”). The Base Salary shall be paid in accordance with the Company’s normal payroll practices and cycles, and may be reviewed and adjusted from time to time by the Company’s Board of Directors.

 

 

 

 

 

3.

 

Annual Performance Bonus : For each calendar year commencing on or after January 1, 2009, Executive will be eligible to earn an annual performance-based cash bonus (“Annual Performance Bonus”) based upon achievement of the Company’s performance plan, with a target award potential as indicated in Exhibit A as a percent of Base Salary upon achievement of 100% of the Company’s performance plan. The terms of the Annual Performance Bonus shall be as set forth in the Company’s written bonus plan (attached hereto as Exhibit B), as amended by the Company from time to time. The Annual Performance Bonus, if any, will be paid to Executive following the end of the relevant calendar year, and no later than March 15 immediately following the end of the calendar year in which the Annual Performance Bonus was earned.

 

 

 

 

 

4.

 

Flexible Perquisites : Executive shall be paid an annual flexible perquisite in the gross amount reflected next to his/her name in the attached Exhibit A, less customary and statutory withholdings and deductions (provided, however, that business use of the auto and club shall be treated as direct reimbursement and thus non-taxable, unless current tax law changes and requires the Company to treat it otherwise). This flexible perquisite shall be paid and administered in accordance with the Company’s written flexible perquisite plan (attached hereto as Exhibit C), as amended by the Company from time to time. This program provides reimbursement for expenses, such as company auto, country club membership or other memberships, financial counseling, auxiliary life insurance, and a short list of other allowable expenses.

 

 

 

 

 

5.

 

Equity : Executive shall be eligible to participate in the Company’s Equity Incentive Plan, subject to and in accordance with its terms.

 


 

 

6.

 

Change of Control : Executive shall be entitled to Change of Control rights and benefits identical to those set forth in existing Change of Control agreements between the Company and existing Section 16 officers/senior executives, and which were previously approved and adopted by the Company’s Board of Directors upon the Company’s May 13, 2008 approved exit from bankruptcy restructuring. To the extent that the terms of such Change of Control Agreements vary from Section 16 officer/senior executive to Section 16 officer/senior executive, then each Section 16 officer/senior executive shall be deemed to have the best of terms between the variances.

 

 

 

 

 

7.

 

Vacation and Holidays : Executive shall accrue paid vacation/personal time and shall be entitled


 
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