Attached files

file filename
10-K/A - AMENDMENT NO.1 TO FORM 10-K - DUNKIN' BRANDS GROUP, INC.d315709d10ka.htm
EX-10.37 - SEPARATION AGREEMENT - DUNKIN' BRANDS GROUP, INC.d315709dex1037.htm
EX-23.2 - CONSENT OF DELOITTE ANJIN LLC - DUNKIN' BRANDS GROUP, INC.d315709dex232.htm
EX-23.3 - CONSENT OF PRICEWATERHOUSECOOPERS AARATA - DUNKIN' BRANDS GROUP, INC.d315709dex233.htm
EX-31.2 - CERTIFICATION OF CHIEF FINANCIAL OFFICER, SECTION 302 - DUNKIN' BRANDS GROUP, INC.d315709dex312.htm
EX-31.1 - CERTIFICATION OF CHIEF EXECUTIVE OFFICER, SECTION 302 - DUNKIN' BRANDS GROUP, INC.d315709dex311.htm
EX-32.2 - CERTIFICATION OF CHIEF FINANCIAL OFFICER, SECTION 906 - DUNKIN' BRANDS GROUP, INC.d315709dex322.htm
EX-32.1 - CERTIFICATION OF CHIEF EXECUTIVE OFFICER, SECTION 906 - DUNKIN' BRANDS GROUP, INC.d315709dex321.htm
EX-99.2 - AUDITED FINANCIAL STATEMENTS OF B-R 31 ICE CREAM CO - DUNKIN' BRANDS GROUP, INC.d315709dex992.htm
EX-99.1 - AUDITED FINANCIAL STATEMENTS OF BR KOREA CO - DUNKIN' BRANDS GROUP, INC.d315709dex991.htm
EX-21.1 - SUBSIDIARIES OF DUNKIN' BRANDS GROUP INC - DUNKIN' BRANDS GROUP, INC.d315709dex211.htm

Exhibit 10.36

 

LOGO

Offer of Employment

August 2, 2010

Mr. Bill Mitchell

9203 Dayflower Street

Prospect, KY 40059

Dear Bill,

On behalf of Dunkin’ Brands, Inc. (the “Company”), I am pleased to offer you employment on the terms set forth below.

This offer of employment is contingent upon the satisfactory completion of:

 

   

a background screening,

 

   

reference checks regarding your past employment,

 

   

satisfactory completion of all legal documents including non-competition and intellectual property protection documents, and

 

   

documented release from all binding non-competition agreements (Dunkin’ Brands, Inc. reserves the right to verify, status of agreements and releases).

Position

You will serve in a full-time capacity as Vice President, Baskin Robbins, US, reporting directly to myself.

Start Date

Your anticipated start date is on or about August 2, 2010.

Cash Compensation

Base Salary

You will be paid a bi-weekly salary of $11,538.47 which is equivalent to $300,000.00 on an annual basis, payable in accordance with Dunkin’ Brands’ standard payroll practices for salaried employees.

Your base salary will be reviewed annually, based on market competitiveness and performance, and may be adjusted at that time.

Short-Term Incentive

In addition to your base salary, you will be eligible to participate in the Dunkin’ Brands’ Executive Short-Term Incentive (STI) Plan with a target of 40% of your annual salary. The actual percentage of your Short-Term Incentive will be paid on a prorated basis based upon days employed during the 2010 Plan year, as well as Dunkin’ Brands’ overall performance, your individual job performance, your ability to meet established goals and objectives, and the terms of the plan as they exist at any given time. A participation letter as well as a plan document, which explains the program in detail, will be provided to you at a later date.

 

LOGO


Long-Term Incentive

You will be eligible to participate in the Dunkin’ Brands’ 2006 Executive Incentive Plan. You will be recommended for a grant of 300,000 Stock Options on Shares at the current value as of the date of the grant. This grant is subject to approval of the Board of Directors at the first grant meeting following your first day of employment. A Stock Option Grant containing the terms and conditions of this grant and a plan document that governs the Plan will be provided to you at a later date.

Other Compensation

Flexible Perquisites Allowance

You will be entitled to a flexible perquisites allowance of $13,858 per annum paid bi-weekly ($533.00).

Signing Bonus

You will receive a signing bonus in the amount of $25,000 (less required payroll taxes). This bonus will be provided upon the start of your employment with the Company.

Should you leave Dunkin’ Brands voluntarily, or be terminated for cause within the first 12 months of your employment, you will be required to reimburse Dunkin’ Brands for the full bonus amount. After 12 months of active employment, the sign on bonus will be considered earned.

Benefits

Dunkin’ Brands offers an attractive benefits program. Upon election, medical and dental coverage is effective the first of the month following your start date. Most company-paid benefits are effective upon hire. Employee elected benefit contributions are handled via payroll deduction.

Insurance

You will be eligible for medical, dental and disability coverage and various life insurance programs. Details are attached.

Retirement

Dunkin’ Brands will provide you with the opportunity to participate in the Company’s 401(k) plan for retirement savings.

Deferred Compensation

You will be eligible to participate in the 2010 Non-Qualified Deferred Compensation Plan. The plan provides an opportunity for pre-tax savings to assist you in accumulating assets for planned events during your working life and retirement. Details are attached.


Vacation

You will begin eligible to accrue vacation at a rate of 3 weeks per year as of your first day of employment with the company.

Proof of Right to Work

For purposes of federal immigration law, you will be required to provide to Dunkin’ Brands documentary evidence of your identity and eligibility for employment in the United States within (3) business days of your date of hire.

Period of Employment

Your employment with Dunkin’ Brands will be “at will”, meaning that this offer of employment does not constitute a contract of employment. If employed, you may elect to resign at any time and Dunkin’ Brands may elect to terminate your employment at any time for any reason.

Severance

In the event of your termination by Dunkin’ Brands for something other than “cause”, you will be eligible for severance equal to 6 months of your then-current base compensation, conditioned on the return of a full release of claims by you. “Cause” means fraud; material neglect (other than as a result of illness or disability) of your duties to Dunkin’ Brands; conduct that is not in the best interest of, or injurious to, Dunkin Brands; acts of dishonesty in connection with the performance of your duties; or conviction of a felony or crime involving falsehood or moral turpitude.

Without our receipt of the full release of claims, you will not be entitled to the aforementioned severance, which is in lieu of and replaces the Dunkin’ Brands’ Severance Program generally applicable to eligible Dunkin’ Brands employees.

Code of Conduct/Non-Compete

Before you make your decision regarding this position, you should carefully review the attached Code of Conduct that you will be required to adhere to once employed by Dunkin’ Brands. As set forth in the conflict of interest section, you will be expected to devote your full-time and attention to Dunkin’ Brands and not be actively involved in any other business.

While you are employed by Dunkin’ Brands, the Company (Dunkin’ Brands, Inc.) will not utilize the services of any business in which you have held an ownership interest. Further, you will have to recuse yourself from any hiring decision involving an employee or former employee of a business in which you have held an ownership interest.

Consistent with other senior executives, you will be asked to sign a Non-Compete Agreement with the Company. That document will be provided to you under separate cover.

Entire Agreement

This offer of employment contains all of the terms of your employment with Dunkin’ Brands, Inc. and supersedes any prior understandings or agreements, whether oral or written, between you and Dunkin’ Brands.


Term

This offer will expire at 5:00PM on August 4, 2010.

We hope that you find the foregoing terms acceptable. You may indicate your agreement with these terms and accept this offer by signing and dating the enclosed letter and returning it to me. We look forward to your decision to join Dunkin’ Brands.

Sincerely,

 

/s/ Nigel Travis

Nigel Travis
Chief Executive Officer
Dunkin’ Brands, Inc.
I ACCEPT THE ABOVE OFFER OF EMPLOYMENT:

/s/ Bill Mitchell

     4-2-10    
Bill Mitchell      Date    

 

cc: Christine Deputy
     Personnel File