EX-10.1
from 8-K
29 pages
Whereas, the Company and Goncalves Are Parties to Certain Ancillary Agreements, Including an Amended and Restated Investor Rights Agreement Dated April 8, 2010 (The “Investor Rights Agreement”), an Amended Subscription Agreement Dated September 29, 2005, and Amended Non-Qualified Stock Option Agreement Dated September 29, 2005, a Second Amended Non-Qualified Stock Option Agreement Dated September 29, 2005, a Restricted Stock Agreement Dated September 29, 2005, a Third Non-Qualified Stock Option Agreement Dated March 17, 2006, and Any Award Agreement Hereafter Granted to Goncalves Under the Metals USA Holdings Corporation 2010 Long Term Incentive Plan (The “2010 Ltip”) (Collectively, the “Ancillary Agreements”); and Whereas, Pursuant to Section 1 of the Prior Employment Agreement, Goncalves Provided Written Notice to the Company Dated July 23, 2010 of His Intention Not to Renew the Prior Employment Agreement for an Additional Term After November 30, 2010; and Whereas, the Company Desires to Continue to Employ Goncalves as the Company’s Chief Executive Officer and Goncalves Desires to Continue in That Capacity, All on the Terms and Conditions Set Forth in This Agreement; Now Therefore, in Consideration of the Mutual Covenants Contained Herein and Other Good and Valuable Consideration, the Receipt and Sufficiency of Which Are Hereby Acknowledged, the Parties Hereto Agree as Follows: Section 1. Employment Period. the Term of Goncalves’ Employment Under This Agreement Shall Commence on the Date Hereof (The “Effective Date”) and End on December 31, 2014 (The “Expiration Date”), Unless Terminated Earlier Pursuant to Section 3 of This Agreement (The “Employment Period”)
12/34/56
