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EX-10.2 - EX-10.2 - ATRM Holdings, Inc.v243979_ex10-2.htm


UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.  20549
 

 
FORM 8-K/A
(Amendment No. 1)

Current Report
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
 

 
Date of Report (Date of earliest event reported):
November 28, 2011
 

 
AETRIUM INCORPORATED
(Exact name of registrant as specified in its charter)
 
Minnesota
 
0-22166
 
41-1439182
(State or Other Jurisdiction of Incorporation)
 
(Commission File Number)
 
(I.R.S. Employer Identification Number)
 
2350 Helen Street
North St. Paul, Minnesota
 
 
55109
(Address of Principal Executive Offices)
 
(Zip Code)

(651) 770-2000
(Registrant’s Telephone Number, Including Area Code)
 
N/A
(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:
 
 
¨
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
 
 
¨
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
 
 
¨
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
 
 
¨
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.
 
On December 7, 2011, Aetrium Incorporated entered into a letter agreement with John J. Pollock pursuant to which Mr. Pollock resigned as president, chief executive officer and a director of the Company effective November 28, 2011 and agreed to a one year noncompetition covenant, and will receive severance payments totaling $180,000 (equal to his annual base salary at the time of his resignation) payable over twelve months, and a COBRA subsidy for eighteen months equivalent to the Company paid portion of health and dental benefits for its employees. The letter agreement became fully effective on December 22, 2011 upon expiration of Mr. Pollock’s unexercised right to rescind it.

For further information, please refer to the letter agreement attached hereto as Exhibit 10.2, which is incorporated by reference herein.

Item 9.01. Financial Statements and Exhibits.
 
(c)  Exhibits.
 
Exhibit
No.
 
Description
10.2
 
Letter agreement dated December 7, 2011 between Aetrium Incorporated and John J. Pollock
 
 
 

 

SIGNATURE
 
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.
 
 
AETRIUM INCORPORATED
   
 
By:
  /s/ Douglas L. Hemer
   
Douglas L. Hemer
   
Chief Administrative Officer and Secretary
 
Dated:   December 23, 2011
 
 
 

 

AETRIUM INCORPORATED
 
FORM 8-K/A
 
Exhibit Index

Exhibit
No.
 
Description
 
Method of Filing
10.2
 
Letter agreement dated December 7, 2011 between Aetrium Incorporated and John J. Pollock
 
Filed herewith