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EX-10 - EX-10 - BOB EVANS FARMS INC | l40253exv10.htm |
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 OR 15(d) of the Securities Exchange Act of 1934
Pursuant to Section 13 OR 15(d) of the Securities Exchange Act of 1934
Date
of Report (Date of earliest event reported): July 19, 2010 (July 15, 2010)
Bob Evans Farms, Inc.
Delaware | 0-1667 | 31-4421866 | ||
(State or other jurisdiction of incorporation) |
(Commission File Number) |
(IRS Employer Identification No.) |
3776 South High Street, Columbus, Ohio | 43207 | |
(Address of principal executive offices) | (Zip Code) |
(614) 491-2225
(Registrants telephone number, including area code)
Not Applicable
(Former name or former address, if changed since last report)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the
filing obligation of the registrant under any of the following provisions (see General Instruction
A.2. below):
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Item 5.02 | Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers |
Retirement Agreement with Donald J. Radkoski
On July 15, 2010, Bob Evans Farms, Inc. (the Company or Bob Evans) entered into a Retirement
Agreement (the Agreement) with Donald J. Radkoski in connection with his retirement from the
Company. Among other terms, the Agreement provides that Mr. Radkoski will receive a lump sum
payment of $524,487.17, less appropriate tax withholding amounts. This payment includes: (a) six
months base salary; (b) a weeks worth of base salary for every two years of service; (c) Mr.
Radkoskis fiscal 2010 annual cash performance bonus based on performance as of the end of Bob
Evans fiscal year end; (d) the value of Mr. Radkoskis fiscal 2011 vacation; and (e) an amount
equivalent to Bob Evans contribution for six months worth of coverage under Bob Evans Retiree
Health Insurance Plan. This amount was recorded in the fourth quarter of fiscal 2010. Mr.
Radkoski will also receive his accrued benefits and vested awards under Bob Evans compensation
plans and programs, as determined under the terms of each such plan and program.
In consideration of the payments and benefits to be received under the Agreement, Mr. Radkoski
released any and all claims, demands and liabilities of any kind whatsoever which he may have
against Bob Evans and its affiliates related to matters which occurred prior to the execution of
the Agreement. Mr. Radkoski also agreed that he will not disclose any of Bob Evans confidential
information or trade secrets. For a period of one year, Mr. Radkoski is prohibited from working
for any business (a) engaged in the family or casual dining restaurant industry; (b) offers
products that compete with products offered by the Company or any of its affiliates; (c) offers
products that compete with products the Company or its affiliates have taken substantial steps
toward launching during Mr.
Radkoskis employment with the Company; or (d) is engaged in a line of
business that competes with any line of business that the Company or its affiliates enter into, or
have taken substantial steps to enter into, during Mr.
Radkoskis employment with the Company. Mr.
Radkoski is also prohibited from soliciting or hiring certain of Bob Evans employees for a period
of one year.
The foregoing description of the terms of the Agreement is not complete and is qualified in its
entirety by reference to the Agreement, a copy of which is attached as Exhibit 10.1 to this Form
8-K and is incorporated herein by reference.
Item 9.01. | Financial Statements and Exhibits |
(a) (c). Not applicable.
(d). Exhibits:
Exhibit No. | Description | |
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|
Retirement Agreement between Bob Evans Farms, Inc. and Donald Radkoski |
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly
caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
BOB EVANS FARMS, INC. |
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Dated: July 19, 2010 | By: | /s/ Mary L. Garceau | ||
Mary L. Garceau | ||||
Vice President, General Counsel and Corporate Secretary |
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