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Subject:
Change of Control Contract Severance Term
Category: Business and Money > Employment Asked by: debd-ga List Price: $60.00 |
Posted:
20 Aug 2004 09:46 PDT
Expires: 09 Sep 2004 14:31 PDT Question ID: 390409 |
I am the CEO of a $20,000,000 privately held technology company. We develop, manufacture and market Semiconductors. I was hired 2.5 years ago by the private equity firm that bought the company in 2000. My job is to get the company on a growth path and we will likely sell it in 2005. I am negotiating a Change of Control contract with the current owners in anticipation of the eventual sale of the company. Because we are privately held, it is difficult to gather any infomation on the severance timeframe that is typically in these kind of contracts for our size company. I can find all kinds of data on public companies but the owner believes the timeframe for private companies is different. I would like to understand what the normal severance time frame would be for the CEO role of a private company our size and growing, evidence or souces of the information that can be used to substantiate that timeframe and any specifics on factors that might affect a longer or shorter severance. |
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There is no answer at this time. |
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Subject:
Re: Change of Control Contract Severance Term
From: ipfan-ga on 20 Aug 2004 10:30 PDT |
As you pointed out, you need data on privately held companies and that data is, well, private. Thus, it may be difficult to point you to sources on the web articulating and delineating specific severance and change of control provisions for CEO's of privately held businesses. I can relate to you my personal experiences, however, that it is typical for such severance contracts to contemplate a retention bonus, whereby the CEO is paid a lump sum upon the occurrence of a certain triggering event (a date certain or the completion of due diligence attendant to a sale) to ensure that he/she stays on during the critical transition phase. Then, once the sale is fully closed, it is typical for the contract to provide for the CEO to remain on as a consultant (assuming he or she is not being picked up as an employee by the new owner) for six months to a year at some monthly rate (actually, a "consulting fee"). Then, once the consultation period has ended, it is typical for the former CEO to receive his or her severance package, which may include stock options, if the NewCo is now public, or just cash. Obviously, this change of control contract must be disclosed to the new buyers since it has a direct financial impact on them, but they normally sign on because they typically want the former CEO to stick around long enough to help them get going--again assuming that the new CEO is not simply hired by NewCo and continues right along as CEO. This type of total package is not at all uncommon for a company with your sales volumes. |
Subject:
Re: Change of Control Contract Severance Term
From: debd-ga on 24 Aug 2004 07:45 PDT |
ipfan, Can you tell me a little about your background. Do you have a legal background that has given you visability to these kinds of contracts or have you been in similar situations where you have negotiated contracts like this for yourself??? debd |
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