Event
Exhibit 10.1
Delias Key Employee Incentive Plan
Event | Funding | Ryan A. Schreiber | Edward Brennan | David Diamond | ||||
A Sale of MOOS Inventory to the Agent at a guaranteed amount in excess of .30 of the Cost Value of MOOS Inventory | 8.5% of Estate Recovery | 50% of Funding | 50% of Funding | |||||
The Debtors estates receiving a recovery of an amount in excess of $25,000 with respect to the sharing provisions of the Agency Agreement with respect to the MOOS Inventory | 8.5% of Estate Recovery | 25% of Funding | 75% of Funding | |||||
The Debtors estates receiving a recovery in excess of $50,000 with respect to the sharing provisions of the Agency Agreement with respect to the Merchandise | 8.5% of Estate Recovery | 25% of Funding | 75% of Funding | |||||
The Debtors estates receiving in excess of with respect to a sale of the Intellectual Property subject to the Agency Agreement | 8.5% of Estate Recovery | 100% of Funding | ||||||
The Debtors estate receiving an amount in connection with a sale of its leased and owned real estate: | ||||||||
in excess of but
less than or equal to
in excess of but
less than or equal to
in excess of | 5% of Estate Recovery
7% of Estate Recovery
8.5% of Estate | 90% of Funding
90% of Funding
90% of Funding | 10% of Funding
10% of Funding
10% of Funding | |||||
The Debtors estates receiving an amount in connection with recoveries of funds held as collateral for Letters of Credit securing the payments of the lease of the Debtors corporate headquarters | 8.5% of Estate Recovery | 100% of Funding | ||||||
The Debtors estates receiving in excess of with respect to any claim it holds (i) in the VISA/Mastercard litigation and (ii) in other current ordinary course claims and litigations but not including chapter 5 causes of action or D&O claims unless otherwise agreed in writing by the Committee. | 8.5% of Estate Recovery | 100% of Funding | ||||||
The DIP Facility being paid in full on or before April 15, 2015 | $10,000 $50,000 (if Salus contributes $40,000) | $5,000 $25,000 (if Salus contributes $40,000) | $5,000 $25,000 (if Salus | |||||
The Debtors confirming a plan or reorganization before April 30, 2015 providing for the following amounts distributable to unsecured creditors or a trust established for their benefit: | ||||||||
less than $550,000 greater than or equal $550,000 | $25,000 $50,000 | $12,500 $25,000 | $12,500 $25,000 | |||||
Sale of (a) Intellectual Property in excess of or
(b) sale of the Distribution Center in excess of to Purchaser introduced by the KEIP Recipient; provided that, the Debtors confirm a plan or reorganization before April 30, 2015 providing for the following amounts distributable to unsecured creditors or a trust established for their benefit: | ||||||||
less than $550,000 greater than or equal $550,000 | $10,000 $25,000 | $10,000 $25,000 |