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Bearingpoint Inc – ‘10-K’ for 12/31/04 – EX-10.95

On:  Tuesday, 1/31/06, at 4:12pm ET   ·   For:  12/31/04   ·   Accession #:  1193125-6-16159   ·   File #:  1-31451

Previous ‘10-K’:  ‘10-K’ on 4/16/04 for 12/31/03   ·   Next:  ‘10-K’ on 11/22/06 for 12/31/05   ·   Latest:  ‘10-K’ on 6/5/09 for 12/31/08

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  As Of                Filer                Filing    For·On·As Docs:Size              Issuer               Agent

 1/31/06  Bearingpoint Inc                  10-K       12/31/04   59:10M                                    RR Donnelley/FA

Annual Report   —   Form 10-K
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 10-K        Annual Report                                       HTML   2.75M 
 4: EX-10.21    Material Contract                                   HTML     73K 
 5: EX-10.24    Material Contract                                   HTML     22K 
 6: EX-10.25    Material Contract                                   HTML     29K 
 7: EX-10.26    Material Contract                                   HTML     19K 
 8: EX-10.28    Material Contract                                   HTML     21K 
 9: EX-10.29    Material Contract                                   HTML    161K 
10: EX-10.30    Material Contract                                   HTML    155K 
11: EX-10.44    Material Contract                                   HTML    635K 
12: EX-10.45    Material Contract                                   HTML     75K 
13: EX-10.46    Material Contract                                   HTML     44K 
14: EX-10.47    Material Contract                                   HTML    120K 
15: EX-10.48    Material Contract                                   HTML    185K 
16: EX-10.49    Material Contract                                   HTML     49K 
17: EX-10.50    Exhbiit 10.50                                       HTML     84K 
18: EX-10.51    Material Contract                                   HTML     41K 
19: EX-10.52    Material Contract                                   HTML     58K 
20: EX-10.53    Material Contract                                   HTML     39K 
21: EX-10.54    Material Contract                                   HTML   1.24M 
22: EX-10.55    Material Contract                                   HTML     67K 
23: EX-10.56    Material Contract                                   HTML    355K 
24: EX-10.57    Material Contract                                   HTML     22K 
25: EX-10.58    Material Contract                                   HTML     22K 
26: EX-10.64    Material Contract                                   HTML     66K 
27: EX-10.66    Material Contract                                   HTML     77K 
28: EX-10.67    Material Contract                                   HTML     76K 
29: EX-10.68    Material Contract                                   HTML    177K 
30: EX-10.69    Material Contract                                   HTML    640K 
31: EX-10.70    Material Contract                                   HTML    113K 
32: EX-10.71    Material Contract                                   HTML     76K 
33: EX-10.72    Material Contract                                   HTML     79K 
34: EX-10.73    Material Contract                                   HTML    535K 
35: EX-10.74    Material Contract                                   HTML    116K 
36: EX-10.75    Material Contract                                   HTML    164K 
37: EX-10.76    Material Contract                                   HTML    187K 
38: EX-10.77    Material Contract                                   HTML     97K 
39: EX-10.78    Material Contract                                   HTML    151K 
 2: EX-10.8     Material Contract                                   HTML     28K 
40: EX-10.81    Material Contract                                   HTML     50K 
41: EX-10.82    Material Contract                                   HTML     94K 
42: EX-10.83    Material Contract                                   HTML     31K 
43: EX-10.84    Material Contract                                   HTML     26K 
44: EX-10.85    Material Contract                                   HTML     21K 
45: EX-10.86    Material Contract                                   HTML     66K 
46: EX-10.87    Material Contract                                   HTML     76K 
47: EX-10.88    Material Contract                                   HTML     54K 
48: EX-10.89    Material Contract                                   HTML     67K 
 3: EX-10.9     Material Contract                                   HTML     82K 
49: EX-10.90    Material Contract                                   HTML     68K 
50: EX-10.91    Material Contract                                   HTML     49K 
51: EX-10.92    Material Contract                                   HTML     64K 
52: EX-10.93    Material Contract                                   HTML     68K 
53: EX-10.94    Material Contract                                   HTML     15K 
54: EX-10.95    Material Contract                                   HTML     19K 
55: EX-10.96    Material Contract                                   HTML     15K 
56: EX-21.1     Subsidiaries of the Registrant                      HTML     33K 
57: EX-31.1     Certification per Sarbanes-Oxley Act (Section 302)  HTML     23K 
58: EX-32.1     Certification per Sarbanes-Oxley Act (Section 906)  HTML     18K 
59: EX-99.1     Miscellaneous Exhibit                               HTML    229K 


EX-10.95   —   Material Contract


This exhibit is an HTML Document rendered as filed.  [ Alternative Formats ]



  Exhibit 10.95  

Exhibit 10.95

 

Terms of Transition Services Arrangements with Bradley J. Schwartz

 

You will be paid through today, February 14, 2005. If you commence performance of the transition services specified below promptly after the effective date of your termination of employment, and continue satisfactory performance of such transition services for not less than the specified three (3) months, you will also be eligible to receive the sum of Seven Hundred Fifty Thousand Dollars ($750,000), payable in twelve (12) equal monthly payments. The opportunity to receive each of these monthly payments is in lieu of the payment by BearingPoint of the six (6) months of compensation provided for in your Managing Director Agreement. By your acceptance of any or all of these monthly payments you will acknowledge your waiver of entitlement to any and all of the six (6) month lump sum amount specified in your Managing Director Agreement with BearingPoint. These monthly amounts are inclusive of any remaining personal days. BearingPoint may choose, in its sole discretion, to accelerate payment of all or a portion of these monthly payments, in a single lump sum or otherwise.

 

If, at any time during the twelve (12) month period following the effective date of your employment termination, BearingPoint reasonably determines that you are, or have been directly or indirectly responsible for any inappropriate financial activity, or illegal behavior, directly or indirectly associated with, arising from, or concerning your employment with BearingPoint, the obligation of BearingPoint to continue such monthly payments shall immediately cease. In such event, your email “Outlook” account shall be deactivated, access to your office denied, and you shall immediately return your BearingPoint laptop computer. Furthermore, you shall immediately, upon demand by BearingPoint, refund to BearingPoint any and all prior amounts received by you, or on your behalf, pursuant to this provision. You will also be responsible for all reasonable costs of collection incurred by BearingPoint, including court costs and reasonable attorney’s fees.

 

Transition Services

 

It has been determined that it will be beneficial for you to serve as a consultant to BearingPoint, Inc. for the three (3) months immediately following the effective date of your employment termination, in order to assist management in the orderly transition of your duties, and the resolution of certain outstanding matters. In exchange for your reasonable cooperation and assistance during this fixed three (3) month term, BearingPoint shall continue to make your email “Outlook” account available and active, and you may retain possession of your BearingPoint laptop computer and accessories during this transition period. You may also retain access to your BearingPoint office for the duration of this transition period, at the conclusion of which you agree to promptly remove all personal property, and vacate the premises. You agree to then also promptly return your BearingPoint laptop computer and accessories. Your “Outlook” account shall also be deactivated at such time.

 

Your reasonable cooperation and assistance during this fixed three (3) month term is expected and required, and satisfactory completion of this three month transition term is a


prerequisite for BearingPoint’s obligation to continue the monthly payments specified immediately above. In the event that you choose not to do so, or you cease to provide reasonable assistance and cooperation, in BearingPoint’s sole discretion, at any time during this three month term, BearingPoint may immediately cease all monthly payments due hereunder, and shall be responsible to pay you only through the date of your last contribution on a pro-rated basis.


Dates Referenced Herein   and   Documents Incorporated by Reference

This ‘10-K’ Filing    Date    Other Filings
Filed on:1/31/06
2/14/058-K,  SC 13G,  SC 13G/A
For Period End:12/31/04NT 10-K
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Filing Submission 0001193125-06-016159   –   Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

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