MGPI » Topics » WHEREAS,

These excerpts taken from the MGPI 10-Q filed May 11, 2009.
WHEREAS, the undersigned employee wishes to voluntarily resign employment with MGP Ingredients, Inc.;

 

WHEREAS, this Separation Agreement and Release of Claims (“Agreement”) is dated as of April 17, 2009, is by and between Robert Zonneveld (“Employee”) and MGP Ingredients, Inc. (“Employer”), and shall be effective upon the expiration of the Agreement’s revocation period;

 

WHEREAS, MGP Ingredients is making available to the undersigned employee a separation benefit in recognition of Employee’s efforts in the restructuring of Employer and conditioned upon a release of all claims by the undersigned employee; and

 

WHEREAS, the undersigned employee is not entitled otherwise to any separation benefit and wishes to accept the separation benefit described below.

 

The undersigned employee agrees as follows:

 

1.             In exchange for the separation benefit described below, Robert Zonneveld (“Employee”) releases and forever discharges MGP Ingredients, Inc., its predecessors, successors, assigns, officers, directors, stockholders, agents, employees, and all related or subsidiary companies or divisions (collectively referred to as “Employer”) from all claims, demands, suits, grievances, liabilities, or causes of action of any kind whatsoever now existing including but not limited to those that in any way

 



 

This excerpt taken from the MGPI 8-K filed Nov 21, 2008.
WHEREAS, the undersigned employee is not entitled otherwise to any separation benefit and wishes to accept the separation benefit described below.
 
The undersigned employee agrees as follows:
 
1. In exchange for the separation benefit described below,
These excerpts taken from the MGPI 10-Q filed Feb 9, 2007.
WHEREAS, the undersigned employee is not entitled otherwise to any separation benefit and wishes to accept the separation benefit described below.

The undersigned employee agrees as follows:

1.             In exchange for the separation benefit described below, Michael Trautschold (“Employee”) releases and forever discharges MGP Ingredients, Inc., its predecessors, successors, assigns, officers, directors, stockholders, agents, employees, and all related or subsidiary companies or divisions (collectively referred to as “Employer”) from all claims, demands, suits, grievances, liabilities, or causes of action of any kind whatsoever now existing including but not limited to those that in any way relate to or are connected with or arise directly or indirectly out of the employment of Employee by Employer or the termination of that employment.

2.             The claims released and discharged by Employee as of the date of this Agreement include, but are not limited to, claims that might be asserted under any federal, state or local law, regulation, ordinance, or decision concerning employment, discrimination in employment, or termination of employment including but not limited to:




A.                                   The Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C.  sec. 621, et seq.;

B.                                     The Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. sec. 1001, et seq.;

C.                                     The Kansas Acts Against Discrimination, as amended, Kan. State. Ann.  sec. 44-1001, et seq.;

D.                                    Title VII of Civil Rights Act of 1964 as amended, 42 U.S.C. sec 2000e, et seq.;

E.                                      Americans With Disabilities Act, 42 U.S.C. sec. 12101, et seq.:

F.                                      The Civil Rights Act of 1866, as amended, 42 U.S.C. sec. 1981;

G.                                     The Civil Rights Act of 1991, 42 U.S.C. sec. 1981a; and

H.                                    Family and Medical Leave Act.

The claims released and discharged by Employee also include, but are not limited to, any claim that Employer breached any contract, express or implied, with Employee, made any misrepresentations to Employee, discharged Employee in violation of public policy, or acted wrongfully in any way toward Employee.  The claims released and discharged by Employee also include, but are not limited to, any claim relating in any manner to personal injuries, fringe benefits, medical, dental, hospitalization, life, disability, or other insurance benefits, pension or other retirement benefits, and any claims for attorney’s fees, reinstatement or rehire.

Employee further agrees not to initiate any legal proceeding against Employer based on any fact or circumstance occurring up to and including the date of the execution by Employee of this Agreement.

Employee’s last date of employment will be December 31, 2006.  By this Agreement, Employee waives any claim for reinstatement and agrees not to seek re-employment

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with Employer at any time in the future.  Employee agrees that any attempt to obtain re-employment following his signing this Agreement will constitute a breach of this Agreement, and that Employer may rely upon such breach in refusing employment, or in discharging Employee from employment.

WHEREAS, all things necessary to make the Series 2006 Bonds, when authenticated by the Trustee and issued as provided in this Indenture, the valid and legally binding limited obligations of the Issuer, and to make this Indenture a valid and legally binding pledge and assignment of the Trust Estate herein made for the security of the payment of the principal of, premium, if any, and interest on the Bonds issued hereunder, have been done and performed, and the execution and delivery of this Indenture and the execution and issuance of the Series 2006 Bonds, subject to the terms hereof, have in all respects been duly authorized;

WHEREAS, the Tenant, pursuant to the foregoing proposals of the Issuer, desires to lease the Project from the Issuer for the rentals and upon the terms and conditions hereinafter set forth;

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