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Content analysis
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8th grade Good
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- 10-K Annual report
- 10.12 Form of Non-qualified Stock Option Agreement
- 10.13 Form of Restricted Stock Unit Award Agreement
- 10.14 Form of Director's Non-qualified Stock Option Agreement
- 10.15 Form of Director's Restricted Stock Unit Award Agreement
- 10.17 Dean Foods Company 2009 Short Term Incentive Compensation Plans
- 10.36 Employment Agreement
- 10.37 Amendment to Employment Agreement- Joe Scalzo
- 10.38 Amendment to Employment Agreement- Jack F. Callahan
- 10.39 Amendment to Employment Agreement- Rick Fehr
- 12 Computation of Ratio of Earnings to Fixed Charges
- 21 List of Subsidiaries
- 23 Consent of Deloitte & Touche LLP
- 31.1 Certification of Chief Executive Officer Pursuant to Section 302
- 31.2 Certification of Chief Financial Officer Pursuant to Section 302
- 32.1 Certification of Chief Executive Officer Pursuant to Section 906
- 32.2 Certification of Chief Financial Officer Pursuant to Section 906
- 99 Supplemental Financial Information
Exhibit 10.38
November 21, 2008
The Employment Agreement dated April 26, 2007 between us and Jack F. Callahan is hereby amended as follows:
The section of the Employment Agreement entitled “Severance” is hereby deleted and replaced with the following:
As an Executive Officer, you will also be eligible for benefits under the Dean Foods Company Executive Severance Plan (“Severance Plan”). In summary, according to the Severance Plan, if your employment is terminated at any time as a result of a “qualifying termination,” meaning your voluntary termination for good reason, or your involuntary termination without cause, all as defined in the Severance Plan, you will receive payment of all base salary accrued through the date of termination, prior year’s bonus to the extent earned but not paid and target bonus through the date of termination. In addition, you will be eligible to receive a severance payment equivalent to two years of your base salary and target bonuses, less lawful deductions. You will also receive a lump sum cash payment for the “in the money” value of all options, and the fair market value of all RSUs, that would vest over the 24 month period following the termination date. You will be required to execute a release of all claims and such other agreements as the Company may deem necessary or appropriate in order to receive such severance pay. The actual terms of the Severance Plan will govern your rights to severance and not this letter.