1-4304 | 75-0725338 | |
(Commission File Number) | (IRS Employer Identification No.) |
6565 N. MacArthur Blvd. Irving, Texas |
75039 | |
(Address of Principal Executive Offices) | (Zip Code) |
o | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
o | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
o | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 o CFR 240.14d-2(b)) |
o | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 o CFR 240.13e-4(c)) |
Item 5.02 | Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers. |
Item 7.01 | Regulation FD Disclosure. |
Item 9.01 | Financial Statements and Exhibits. |
10.1 | Fourth Amendment, dated April 7, 2011, to Employment Agreement by and
between Murray R. McClean and Commercial Metals Company. |
|||
10.2 | First Amendment, dated April 8, 2011, to Employment Agreement by and
between Joseph Alvarado and Commercial Metals Company. |
|||
99.1 | Press Release dated April 6, 2011. |
COMMERCIAL METALS COMPANY |
||||
Date: April 11, 2011 | By: | /s/ Ann J. Bruder | ||
Name: | Ann J. Bruder | |||
Title: | Senior Vice President of Law, Government Affairs and Global Compliance, General Counsel and Corporate Secretary |
Exhibit No. | Description of Exhibit | |||
The following exhibits are filed or furnished, as applicable, with this Form 8-K. |
||||
10.1 | Fourth Amendment, dated April 7, 2011, to
Employment Agreement by and between Murray
R. McClean and Commercial Metals Company. |
|||
10.2 | First Amendment, dated April 8, 2011, to
Employment Agreement by and between Joseph
Alvarado and Commercial Metals Company. |
|||
99.1 | Press Release dated April 6, 2011. |
1. | Purpose. The purpose of the Agreement is to formalize the terms and conditions of Executives employment with the Employer as Chief Executive Officer. This Agreement cannot be amended except by a writing signed by both Parties. |
4. | Duties and Responsibilities Upon execution of this Agreement, Executive shall diligently render his services to Employer as Chief Executive Officer in accordance with Employers directives, and shall use his best efforts and good faith in accomplishing such directives. Executive shall report directly to the Board of Directors. Executive agrees to devote his full-time efforts, abilities, and attention (defined to mean not normally less than forty (40) hours/week) to the business of Employer, and shall not engage in any activities which will interfere with such efforts. |
EXECUTIVE
|
EMPLOYER | |||||||
COMMERCIAL METALS COMPANY | ||||||||
/s/ Murray R. McClean
|
By: | /s/ Anthony A. Massaro | ||||||
Murray R. McClean
|
Anthony A. Massaro, Lead Director |
1. | Purpose. The purpose of the Agreement is to formalize the terms and conditions of Executives employment with the Employer as President and Chief Operating Officer. This Agreement cannot be amended except by a writing signed by both Parties. |
4. | Age 65 Mandatory Retirement. Executive understands and agrees that the position of President and Chief Operating Officer is subject to a mandatory retirement age of sixty five (65). |
5. | Duties and Responsibilities. Upon execution of this Agreement, Executive shall diligently render his services to Employer as President and Chief Executive Officer in accordance with Employers directives, and shall use his best efforts and good faith in accomplishing such directives. Executive shall report directly to the Chief Executive Officer. Executive agrees to devote his full-time efforts, abilities, and attention (defined to mean not normally less than forty (40) hours/week) to the business of Employer, and shall not engage in any activities which will interfere with such efforts. |
6. | a. Salary. Executive shall receive an annual base salary of not less than $650,000.00 during the term of this Agreement. This salary may be increased at the sole discretion of Employer, and may not be decreased without Executives written consent. |
EXECUTIVE
|
EMPLOYER | |||||||
COMMERCIAL METALS COMPANY | ||||||||
/s/ Joseph Alvarado
|
By: | /s/ Murray R. McClean | ||||||
Joseph Alvarado
|
Murray R. McClean, Chief Executive Officer |
Contact:
|
Debbie Okle Director, Public Relations 214.689.4354 |