MONMOUTH REAL ESTATE INVESTMENT CORPORATION (NASDAQ:MNR) Files An 8-K Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers
Item 5.02: Departure of Directors or Certain Officers; Election
of Directors; Appointment of Certain Officers; Compensatory
Arrangements of Certain Officers.
On January 3, 2017, Allison Nagelberg, the General Counsel of
Monmouth Real Estate Investment Corporation (the Company),
entered into an Employment Agreement, effective January 1, 2017,
with the Company, specifying the terms and conditions of Ms.
Nagelbergs employment. The Employment Agreement has an initial
term expiring on December 31, 2019, unless otherwise terminated,
and will be automatically renewed and extended for successive
one-year periods, provided that neither Ms. Nagelberg nor the
Company provides written notice to the other party electing not
to renew or extend the Employment Agreement at least ninety (90)
days prior to the expiration of the initial term or any
anniversary thereof. The Employment Agreement provides for a
minimum annual base salary of $358,312.50 for the first year,
$376,228.13 for the second year and $395,039.54 for the third
year.
Under the Employment Agreement, Ms. Nagelberg is also eligible
for annual cash bonuses and she is entitled to participate in the
Companys Stock Option Plan, including any grants of restricted
stock and/or stock options, upon terms and conditions approved by
the Company and subject to approval of the Compensation
Committee.
Under the Employment Agreement, if Ms. Nagelbergs employment is
terminated by the Company for any reason, either involuntary or
voluntary, including the death of Ms. Nagelberg, other than a
termination for cause (as defined in the Employment Agreement),
Ms. Nagelberg shall be entitled to the greater of the base salary
due under the remaining term of the Employment Agreement or one
years compensation at the date of termination, paid monthly over
the remaining term of the Employment Agreement. A termination in
connection with a change of control of the Company shall not be
considered to be a termination for cause.
The Employment Agreement provides that, upon a change of control
of the Company, Ms. Nagelberg has the right to extend and renew
the Employment Agreement for three years from the date of the
change of control, or, alternatively, to terminate the Employment
Agreement and receive one years base salary. In addition,
provided that Ms. Nagelberg is actively employed by the Company
as of the consummation of a change of control, Ms. Nagelberg
shall be entitled to a transaction bonus consistent with the
terms of the Companys Executive Management Transaction Bonus
Plan, which shall be approved by the Compensation Committee.
The Employment Agreement entitles Ms. Nagelberg to customary
fringe benefits, including vacation and health benefits, the use
of an automobile, and the right to participate in the Companys
retirement plan.
The above summary of the Employment Agreement is qualified in its
entirety by reference to the text of the Employment Agreement,
which is filed herewith as Exhibit 10.1, and incorporated by
reference herein.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits.
Exhibit No. | Description | |
10.1 |
Employment Agreement, dated January 3, 2017, between Monmouth Real Estate Investment Corporation and Allison Nagelberg |