-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, QsN3715gNA/ewxchOOVDMrv60TW8wh0N2GBnORHQe23dIP68CUFo3cARt/IhJQUH uoQcNhp9H3+KHvpDQ8/zIg== 0001193125-08-091275.txt : 20080425 0001193125-08-091275.hdr.sgml : 20080425 20080425172728 ACCESSION NUMBER: 0001193125-08-091275 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20080423 ITEM INFORMATION: Departure of Directors or Principal Officers; Election of Directors; Appointment of Principal Officers FILED AS OF DATE: 20080425 DATE AS OF CHANGE: 20080425 FILER: COMPANY DATA: COMPANY CONFORMED NAME: COTT CORP /CN/ CENTRAL INDEX KEY: 0000884713 STANDARD INDUSTRIAL CLASSIFICATION: BOTTLED & CANNED SOFT DRINKS CARBONATED WATERS [2086] IRS NUMBER: 000000000 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-31410 FILM NUMBER: 08778730 BUSINESS ADDRESS: STREET 1: 6525 VISCOUNT RD CITY: MISSISSAUGA STATE: A6 ZIP: 00000 BUSINESS PHONE: 9056721900 MAIL ADDRESS: STREET 1: 6525 VISCOUNT RD CITY: MISSISSAUGA STATE: A6 ZIP: 00000 8-K 1 d8k.htm FORM 8 K Form 8 K

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 8-K

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): April 23, 2008

COTT CORPORATION

(Exact name of registrant as specified in its charter)

 

CANADA

   

001-31410

   

None

(State or other jurisdiction of incorporation)     (Commission File Number)     (IRS Employer Identification No.)

 

6525 Viscount Road

Mississauga, Ontario, Canada

5519 West Idlewild Avenue, Suite 100

Tampa, Florida, United States

     
      L4V 1H6
     
      33634

(Address of principal executive offices)

      (Zip Code)

 

 

Registrant’s telephone number, including area code

             (905) 672-1900
               (813) 313-1800        

N/A

 

(Former name or former address, if changed since last report.)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))


Item 5.02. Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangement of Certain Officers.

On April 23, 2008, Cott Corporation (the “Company”) and David T. Gibbons entered into an Employment Agreement (the “Agreement”) governing the terms of Mr. Gibbons’s employment as the Company’s Interim Chief Executive Officer. The Company previously disclosed the appointment of Mr. Gibbons as Interim Chief Executive Officer on a Form 8-K filed on March 27, 2008.

The Agreement provides for a term of six months, after which the term automatically extends on a monthly basis for up to an additional six months. Mr. Gibbons will be paid a salary at the rate of $725,000 per year, with the first six months’ pay guaranteed. Mr. Gibbons will also receive restricted stock units payable in cash in respect of 720,000 shares of the Company’s common stock. One half of the award will vest immediately, and the rest will vest ratably on a monthly basis should the Agreement be renewed past the initial six month term. The restricted stock units are subject to acceleration upon the occurrence of a change of control of the Company. The Company will provide Mr. Gibbons with housing and an automobile for business travel during the term of the Agreement. Mr. Gibbons will not receive health, welfare, insurance or other benefits, and will not participate in the Company’s various performance bonus or retention and severance plans available to its full-time executives.

Mr. Gibbons has agreed to non-competition and non-solicitation provisions that would continue for one year beyond termination, regardless of the cause of termination.


SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

    COTT CORPORATION
Date: April 25, 2008     By:   /s/ Matthew A. Kane, Jr.
       

Matthew A. Kane, Jr.

Vice President, General Counsel and Secretary

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