EXHIBIT 10.1
RETENTION BONUS AGREEMENT
BETWEEN EGGHEAD.COM, INC. AND BRIAN W. BENDER
THIS RETENTION BONUS AGREEMENT (the "Agreement") between Egghead.com, Inc.
(the "Company") and Brian W. Bender ("Employee") is entered into as of July 13,
1999.
WHEREAS, the Company desires to create an incentive for retention of
Employee, and whereas Employee is willing to receive a retention bonus in the
circumstances set forth in this Agreement.
In consideration of the mutual promises and agreements contained herein,
the parties hereto agree as follows:
1. Retention Bonus. As an incentive for retention of Employee, the
Company agrees to pay to Employee a lump sum bonus, in an amount equal to the
product of 0.222 and the current 12-month salary of Employee, to be paid on
October 31, 1999 (the "Retention Date") if Employee remains employed with the
Company (or any successor, or parent of successor, of the Company) through the
Retention Date; provided, however, that such retention bonus shall also be
payable in the event Employee is terminated without Cause (as defined in the
Employment Agreement effective January 22, 1998 between the Company and
Employee, as amended by Amendment No. 1 thereto) by the Company (or any
successor, or parent of successor, of the Company) prior to the Retention Date.
2. Successors. This Agreement shall be binding upon, and inure to the
benefit of, the successors and assigns of the parties hereto. This Agreement may
not be assigned by Executive without the prior written consent of the Company.
3. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington without application of
principles of conflicts of laws.
IN WITNESS WHEREOF, this Agreement is entered into as of the date first
above written.
EMPLOYEE EGGHEAD.COM, INC.
/s/ Brian W. Bender By: /s/ George P. Orban
------------------- ------------------------------------
Name: Brian W. Bender George P. Orban
Chairman and Chief Executive Officer
RETENTION BONUS AGREEMENT
BETWEEN EGGHEAD.COM, INC. AND TOMMY COLLINS
THIS RETENTION BONUS AGREEMENT (the "Agreement") between Egghead.com, Inc.
(the "Company") and Tommy Collins ("Employee") is entered into as of July 13,
1999.
WHEREAS, the Company desires to create an incentive for retention of
Employee, and whereas Employee is willing to receive a retention bonus in the
circumstances set forth in this Agreement.
In consideration of the mutual promises and agreements contained herein,
the parties hereto agree as follows:
1. Retention Bonus. As an incentive for retention of Employee, the
Company agrees to pay to Employee a lump sum bonus, in an amount equal to the
Employee's current 12-month salary, to be paid on January 31, 2000 (the
"Retention Date") if Employee remains employed with the Company (or any
successor, or parent of successor, of the Company) through the Retention Date;
provided, however, that such retention bonus shall also be payable in the event
Employee is terminated without Cause (as defined in the Employment Agreement
effective January 22, 1998 between the Company and Employee, as amended by
Amendment No. 1 thereto effective January 28, 1999) by the Company (or any
successor, or parent of successor, of the Company) prior to the Retention Date.
2. Successors. This Agreement shall be binding upon, and inure to the
benefit of, the successors and assigns of the parties hereto. This Agreement may
not be assigned by Executive without the prior written consent of the Company.
3. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington without application of
principles of conflicts of laws.
IN WITNESS WHEREOF, this Agreement is entered into as of the date first
above written.
EMPLOYEE EGGHEAD.COM, INC.
/s/ Tommy Collins By: /s/ George P. Orban
----------------- ------------------------------------
Name: Tommy Collins George P. Orban
Chairman and Chief Executive Officer
RETENTION BONUS AGREEMENT
BETWEEN EGGHEAD.COM, INC. AND NORMAN HULLINGER
THIS RETENTION BONUS AGREEMENT (the "Agreement") between Egghead.com, Inc.
(the "Company") and Norman Hullinger ("Employee") is entered into as of July 13,
1999.
WHEREAS, the Company desires to create an incentive for retention of
Employee, and whereas Employee is willing to receive a retention bonus in the
circumstances set forth in this Agreement.
In consideration of the mutual promises and agreements contained herein,
the parties hereto agree as follows:
1. Retention Bonus. As an incentive for retention of Employee, the
Company agrees to pay to Employee a lump sum bonus, in an amount equal to the
Employee's current 12-month salary, to be paid on January 31, 2000 (the
"Retention Date") if Employee remains employed with the Company (or any
successor, or parent of successor, of the Company) through the Retention Date;
provided, however, that such retention bonus shall also be payable in the event
Employee is terminated without Cause (as defined in the Employment Agreement
effective January 22, 1998 between the Company and Employee, as amended by
Amendment No. 1 thereto effective January 28, 1999) by the Company (or any
successor, or parent of successor, of the Company) prior to the Retention Date.
2. Successors. This Agreement shall be binding upon, and inure to the
benefit of, the successors and assigns of the parties hereto. This Agreement may
not be assigned by Executive without the prior written consent of the Company.
3. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington without application of
principles of conflicts of laws.
IN WITNESS WHEREOF, this Agreement is entered into as of the date first
above written.
EMPLOYEE EGGHEAD.COM, INC.
/s/ Norman F. Hullinger By: /s/ George P. Orban
----------------------- ------------------------------------
Name: Norman F. Hullinger George P. Orban
Chairman and Chief Executive Officer
RETENTION BONUS AGREEMENT
BETWEEN EGGHEAD.COM, INC. AND JAMES KALASKY
THIS RETENTION BONUS AGREEMENT (the "Agreement") between Egghead.com, Inc.
(the "Company") and James Kalasky ("Employee") is entered into as of July 13,
1999.
WHEREAS, the Company desires to create an incentive for retention of
Employee, and whereas Employee is willing to receive a retention bonus in the
circumstances set forth in this Agreement.
In consideration of the mutual promises and agreements contained herein,
the parties hereto agree as follows:
1. Retention Bonus. As an incentive for retention of Employee, the
Company agrees to pay to Employee a lump sum bonus, in an amount equal to the
Employee's current 12-month salary, to be paid on January 31, 2000 (the
"Retention Date") if Employee remains employed with the Company (or any
successor, or parent of successor, of the Company) through the Retention Date;
provided, however, that such retention bonus shall also be payable in the event
Employee is terminated without Cause (as defined in the Employment Agreement
effective January 22, 1998 between the Company and Employee, as amended by
Amendment No. 1 thereto effective January 28, 1999) by the Company (or any
successor, or parent of successor, of the Company) prior to the Retention Date.
2. Successors. This Agreement shall be binding upon, and inure to the
benefit of, the successors and assigns of the parties hereto. This Agreement may
not be assigned by Executive without the prior written consent of the Company.
3. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington without application of
principles of conflicts of laws.
IN WITNESS WHEREOF, this Agreement is entered into as of the date first
above written.
EMPLOYEE EGGHEAD.COM, INC.
/s/ James Kalasky By: /s/ George P. Orban
----------------- ------------------------------------
Name: James Kalasky George P. Orban
Chairman and Chief Executive Officer