Attached files

file filename
10-K - FORM 10-K - DEAN FOODS COd10k.htm
EX-21 - LIST OF SUBSIDIARIES - DEAN FOODS COdex21.htm
EX-99 - SUPPLEMENTAL FINANCIAL INFORMATION FOR DEAN HOLDING COMPANY - DEAN FOODS COdex99.htm
EX-10.14 - FORM OF CASH PERFORMANCE UNIT AGREEMENT - DEAN FOODS COdex1014.htm
EX-10.12 - FORM OF NON-QUALIFIED STOCK OPTION AGREEMENT - DEAN FOODS COdex1012.htm
EX-31.2 - SECTION 302 CFO CERTIFICATION - DEAN FOODS COdex312.htm
EX-12 - COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES - DEAN FOODS COdex12.htm
EX-32.2 - SECTION 906 CFO CERTIFICATION - DEAN FOODS COdex322.htm
EX-32.1 - SECTION 906 CEO CERTIFICATION - DEAN FOODS COdex321.htm
EX-10.36 - SUMMARY OF TERMS OF EMPLOYMENT AGREEMENT BETWEEN US AND BERNARD DERYCKERE - DEAN FOODS COdex1036.htm
EX-31.1 - SECTION 302 CEO CERTIFICATION - DEAN FOODS COdex311.htm
EX-23 - CONSENT OF DELOITTE & TOUCHE LLP - DEAN FOODS COdex23.htm
EX-10.13 - FORM OF RESTRICTED STOCK UNIT AWARD AGREEMENT - DEAN FOODS COdex1013.htm
EX-10.18 - DEAN FOODS COMPANY 2010 SHORT TERM INCENTIVE COMPENSATION PLANS - DEAN FOODS COdex1018.htm

Exhibit 10.35

October 12, 2009

Mr. Blaine McPeak

8969 Little Raven Trail

Niwot, CO 80503

Dear Blaine:

Congratulations on your promotion to President – WhiteWave Foods Company. You will continue to be based in Broomfield, CO, and this position will report to me.

Here are the specifics of your offer:

Effective Date

The effective date of your new position is November 1, 2009.

Base Salary

You will be paid $18,750.00 on a semi-monthly basis, less payroll taxes, which equates to an annual salary of $450,000.00 (+9.9%), less payroll taxes. Your salary will be reviewed annually (next in March 2010).

Annual Incentive Opportunity

You will continue to be eligible to earn an annual incentive as a participant in the 2009 WhiteWave Short-term Incentive Plan for the Senior Leadership Team. Effective November 1, 2009, your new target equals 65% of your annualized base salary, subject to the achievement of certain financial targets for WhiteWave and specific individual objectives. For 2009, your incentive will be prorated based on the amount of time you were in each position.

Long Term Incentive Compensation – Special Promotion Grant

On November 3, 2009, and subject to Compensation Committee approval, you will be granted options to purchase shares of Dean Foods common stock having a Black Scholes value, as determined by Mercer Consulting, of $57,500. Your actual grant will be calculated based on the closing price of Dean Foods stock on the date of grant. The options will vest in equal installments over a period of three years, beginning on the first anniversary of the date of the grant. In addition, you will be granted restricted stock units having a value of $57,500. Your actual grant will be calculated based on the closing price of Dean Foods stock on the date of grant. The restricted stock units will vest in equal installments over a period of three years, beginning on the first anniversary of the date of the grant. The amount and nature of any future long-term incentive awards will be determined by the Board of Directors.


Benefits

You will continue to be eligible for FlexSelect benefits (medical, dental, vision), 401k, Executive Deferred Compensation, Supplemental Executive Retirement Plan (SERP), and more.

Conclusion

Blaine, I am very excited about your new opportunity, and I look forward to your future contributions to WhiteWave.

Best regards,

/s/ Joe Scalzo

Joe Scalzo

Chief Operating Officer

Agreed and accepted:

 

/s/ Blaine McPeak

 

Blaine McPeak

 

October 14, 2009

 

Date