- 8 - Mr. Kucklick’s agreement to enter into an employment agreement. The redemption agreement required HII to pay Mr. Kucklick $1 million at closing and to deliver the installment note in the principal amount of $2,953,642.56 for the balance, a total payment of $3,953,642.56.7 The redemption agreement terminated the stockholders agreement. The redemption agreement contained an 8-year, worldwide covenant not to compete (the 8-year covenant) to commence after Mr. Kucklick retired from HII and its subsidiaries. The duration and the scope of the 8-year covenant were very important provisions to Mr. Hess and HII. Mr. Hess believed that the 8- year covenant was important to him, because Mr. Kucklick was still relatively young,8 and with his knowledge and contacts, he could set up a competing company, he could consult, and he could be a partner in, or work for, another company. Mr. Hess believed that without the 8-year covenant, Mr. Kucklick could have done considerable damage to HII, perhaps resulting in millions of dollars in lost profits in a relatively short time period. With respect to the duration of the 8-year covenant, Mr. Kucklick originally wanted it to cover the period of his employment and 2 years thereafter, the same duration as the 7Mr. Hess derived the total payment by reducing his $4 million offer to reflect an increase in the interest rate for the installment note. 8Mr. Kucklick was approximately 50 years old in 1994.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011