Russ Berrie and Company, Inc. Announces Award of Stock Options
23 12월 2004 - 6:30AM
PR Newswire (US)
Russ Berrie and Company, Inc. Announces Award of Stock Options
OAKLAND, N.J., Dec. 22 /PRNewswire-FirstCall/ -- In accordance with
Section 303A.08 of the NYSE Listed Company Manual, Russ Berrie and
Company, Inc. (the "Company") today announced the award of stock
options granted to each of (i) the President and Chief Executive
Officer and (ii) the Executive Vice President of Kids Line, LLC, a
Delaware limited liability company ("Kids Line"), in connection
with the Company's purchase of all of the membership interests and
warrants to purchase membership interests in Kids Line as of
December 15, 2004 (the "Acquisition"). The following is a
description of the material terms of an award of stock options to
Mr. Michael Levin, as a material inducement to Mr. Levin becoming
President and Chief Executive Officer of Kids Line following the
Acquisition. In accordance with the terms of Mr. Levin's employment
agreement with Kids Line (the "ML Employment Agreement"), executed
in connection with the Acquisition, as of December 15, 2004, the
Company granted Mr. Levin (i) a ten-year stock option under the
Company's 2004 Stock Option, Restricted and Non-Restricted Stock
Plan (the "2004 Plan"), which plan was approved by the shareholders
of the Company, to purchase 100,000 shares of the Company's Common
Stock (the "ML Plan Option") and (ii) a ten-year stock option
outside of the 2004 Plan (due to grant limitations therein) to
purchase 100,000 shares of Company's Common Stock (the "ML Non-Plan
Option"), in each case with an exercise price of $22.21 per share,
the closing market price of such stock on the New York Stock
Exchange on the date of grant. Except as described below, the ML
Plan Option shall vest 33-1/3% annually over three years from the
date of grant. If the employment of Mr. Levin under the ML
Employment Agreement is terminated by Kids Line by reason of his
Disability (as defined in the ML Employment Agreement), or by
reason of his death, any outstanding unexercised portion of the ML
Plan Option, whether or not vested and/or exercisable on the date
of such termination, shall be deemed fully vested and exercisable
and may be exercised by Mr. Levin's legal representatives, estate,
legatee(s) or permitted transferee(s), as applicable, for up to one
(1) year after such termination or the stated term of the ML Plan
Option, whichever period is shorter. If the employment of Mr. Levin
under the ML Employment Agreement is terminated by Kids Line for
Cause or by Mr. Levin without Good Reason (each as defined in the
ML Employment Agreement), any outstanding unexercised portion of
the ML Plan Option, whether vested or not, will be cancelled and
deemed terminated as of the date of his termination. If Mr. Levin's
employment under the ML Employment Agreement is terminated by Kids
Line without Cause or by Mr. Levin with Good Reason (each as
defined in the ML Employment Agreement), any outstanding
unexercised portion of the ML Plan Option, whether or not vested
and/or exercisable on the date of such termination, shall be deemed
fully vested and exercisable and may be exercised by Mr. Levin or
his permitted transferee(s), as applicable, for up to six months
after such termination or the stated term of the ML Plan Option,
whichever period is shorter. The provisions set forth in the last
three sentences are referred to herein as the "Termination
Provisions." The ML Plan Option is subject to anti-dilution and
other adjustment provisions set forth in the 2004 Plan. Except as
set forth below, the ML Non-Plan Option shall vest 33-1/3% annually
over three years from the date of grant. The ML Non-Plan Option is
subject to the Termination Provisions. The ML Non-Plan Option is
subject to anti-dilution and other adjustment provisions
substantially similar to those set forth in the 2004 Plan. The
following is a description of the material terms of an award of
stock options to Ms. Joanne Levin, as a material inducement to Ms.
Levin becoming Executive Vice President of Kids Line following the
Acquisition. In accordance with the terms of Ms. Levin's employment
agreement with Kids Line (the "JL Employment Agreement"), executed
in connection with the Acquisition, as of December 15, 2004, the
Company granted Ms. Levin (i) a ten-year stock option under the
2004 Plan to purchase 100,000 shares of the Company's Common Stock
(the "JL Plan Option") and (ii) a ten-year stock option outside of
the 2004 Plan (due to grant limitations therein) to purchase
100,000 shares of Company's Common Stock (the "JL Non-Plan
Option"), in each case with an exercise price of $22.21 per share,
the closing market price of such stock on the New York Stock
Exchange on the date of grant. Except as described below, each of
the JL Plan Option and the JL Non-Plan Option shall vest 33-1/3%
annually over three years from the date of grant. Each of the JL
Plan Option and the JL Non-Plan Option is subject to the
Termination Provisions. The JL Plan Option is subject to
anti-dilution and other adjustment provisions set forth in the 2004
Plan. The JL Non-Plan Option is subject to anti-dilution and other
adjustment provisions substantially similar to those set forth in
the 2004 Plan. Russ Berrie and Company, Inc. (RUSS(R)), a leader in
the gift industry (and its wholly-owned subsidiaries), designs,
develops, and distributes a variety of innovative gift products to
specialty and mass market retailers worldwide. Known for its teddy
bears and other plush animals, the Company's gift line is comprised
of a diverse range of everyday, seasonal, and occasion-themed
products that help people celebrate the milestones in their lives.
Founded in 1963 by the late Russ Berrie from a rented garage in New
Jersey, today the Company operates offices, showrooms, and
distribution centers all over the world and trades on the NYSE
under the symbol RUS. Note: This News Release contains certain
forward-looking statements. Additional written and oral
forward-looking statements may be made by the Company from time to
time in Securities and Exchange Commission (SEC) filings and
otherwise. The Private Securities Litigation Reform Act of 1995
provides a safe-harbor for forward-looking statements. These
statements may be identified by the use of forward-looking words or
phrases including, but not limited to, "anticipate," "believe,"
"expect," "intend," "may," "planned," "potential," "should," "will"
or "would." The Company cautions readers that results predicted by
forward-looking statements, including, without limitation, those
relating to the Company's future business prospects, revenues,
working capital, liquidity, capital needs, interest costs and
income are subject to certain risks and uncertainties that could
cause actual results to differ materially from those indicated in
the forward-looking statements. Specific risks and uncertainties
include, but are not limited to, the Company's ability to continue
to manufacture its products in the Far East, the seasonality of
revenues, the actions of competitors, ability to increase
production capacity, price competition, the effects of government
regulation, results of any enforcement action by the People's
Republic of China ("PRC") authorities with respect to the Company's
PRC operations, the resolution of various legal matters, possible
delays in the introduction of new products, customer acceptance of
products, changes in foreign currency exchange rates, issues
related to the Company's computer systems, the ability to obtain
debt financing to fund acquisitions, the current and future outlook
of the global retail market, and other factors. DATASOURCE: Russ
Berrie and Company, Inc. CONTACT: John Wille - Vice President &
CFO of Russ Berrie and Company, Inc., +1-201-337-9000; or John
McNamara of Financial Relations Board, +1-212-827-3771, for Russ
Berrie and Company, Inc.
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