Exhibit 10.1
EMPLOYMENT AGREEMENT
This Employment Agreement (“Agreement”) is made and entered into as of June 23, 2023, by and between Daseke, Inc., a Delaware corporation (the “Company”), and Scott Hoppe (“Employee”).
WHEREAS, Employee and E.W. Wylie, LLC, a North Dakota limited liability company (formerly E.W. Wylie Corporation) and a subsidiary of the Company, are party to that certain Employment Agreement, dated as of January 1, 2018, as amended (the “Prior Agreement”); and
WHEREAS, the Company desires to employ Employee, and Employee desires to be employed by the Company, pursuant to the terms and conditions contained in this Agreement, which shall supersede the Prior Agreement in its entirety, effective as of the Effective Date.
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereto, intending to be legally bound, agree as follows:
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Additionally, notwithstanding the foregoing provisions of this Section 5(a) or any other provision of this Agreement to the contrary, any assertion by the Company of a termination for Cause under Section 5(a)(ii) shall not be effective unless all of the following conditions are satisfied: (A) the Company must provide written notice to Employee of the existence of such condition(s); (B) the condition(s) specified in such notice must remain uncorrected for thirty (30) days following Employee’s receipt of such written notice; and (C) the date of Employee’s termination of employment must occur following the expiration of such thirty (30) day cure period.
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Notwithstanding the foregoing provisions of this Section 5(c) or any other provision of this Agreement to the contrary, any assertion by Employee of a termination for Good Reason shall not be effective unless all of the following conditions are satisfied: (A) the condition giving rise to Employee’s termination of employment must have arisen without Employee’s consent; (B) Employee must provide written notice to the Board of the existence of such condition(s) within thirty (30) days of the initial existence of such condition(s); (C) the condition(s) specified in such notice must remain uncorrected for thirty (30) days following the Board’s receipt of such written notice; and (D) the date of Employee’s termination of employment must occur following the expiration of the thirty (30) day cure period, but in any event within sixty-five (65) days following the Board’s receipt of such notice.
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If to the Company, addressed to:
Daseke, Inc.
ATTN: CEO
15455 Dallas Parkway, Suite 550
Addison, TX 75001
If to Employee, addressed to:
The most recent address on the
Company’s records.
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[Remainder of Page Intentionally Blank; Signature Page Follows]
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IN WITNESS WHEREOF, Employee and the Company each have caused this Agreement to be executed, effective as of the Effective Date.
EMPLOYEE
By: /s/ Scott Hoppe
Name: Scott Hoppe
DASEKE, INC.
By: /s/ Jonathan Shepko
Name: Jonathan Shepko
Title: Chief Executive Officer
Signature Page to Employment Agreement