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Peregrine Systems Inc – ‘10-K’ for 3/31/03 – EX-10.26

On:  Friday, 4/30/04, at 5:36pm ET   ·   For:  3/31/03   ·   Accession #:  1047469-4-14838   ·   File #:  0-22209

Previous ‘10-K’:  ‘10-K’ on 6/29/01 for 3/31/01   ·   Next:  ‘10-K’ on 12/20/04 for 3/31/04   ·   Latest:  ‘10-K/A’ on 10/18/05 for 3/31/05

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

 4/30/04  Peregrine Systems Inc             10-K        3/31/03   70:9.1M                                   Merrill Corp/New/FA

Annual Report   —   Form 10-K
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 10-K        Annual Report                                       HTML   1.48M 
 2: EX-2.10     Plan of Acquisition, Reorganization, Arrangement,   HTML    107K 
                          Liquidation or Succession                              
 3: EX-2.11     Plan of Acquisition, Reorganization, Arrangement,   HTML     40K 
                          Liquidation or Succession                              
 4: EX-2.12     Plan of Acquisition, Reorganization, Arrangement,   HTML    109K 
                          Liquidation or Succession                              
 5: EX-2.13     Plan of Acquisition, Reorganization, Arrangement,   HTML     28K 
                          Liquidation or Succession                              
 6: EX-2.14     Plan of Acquisition, Reorganization, Arrangement,   HTML    357K 
                          Liquidation or Succession                              
 7: EX-2.15     Plan of Acquisition, Reorganization, Arrangement,   HTML    137K 
                          Liquidation or Succession                              
 8: EX-2.16     Plan of Acquisition, Reorganization, Arrangement,   HTML    118K 
                          Liquidation or Succession                              
 9: EX-2.17     Plan of Acquisition, Reorganization, Arrangement,   HTML    120K 
                          Liquidation or Succession                              
10: EX-4.4      Instrument Defining the Rights of Security Holders  HTML    153K 
11: EX-9.1      Voting Trust Agreement                              HTML     54K 
12: EX-10.1     Material Contract                                   HTML     80K 
21: EX-10.10    Material Contract                                   HTML     40K 
22: EX-10.11    Material Contract                                   HTML     46K 
23: EX-10.12    Material Contract                                   HTML     83K 
24: EX-10.13    Material Contract                                   HTML     46K 
25: EX-10.14    Material Contract                                   HTML     51K 
26: EX-10.15    Material Contract                                   HTML     65K 
27: EX-10.16    Material Contract                                   HTML     67K 
28: EX-10.17    Material Contract                                   HTML     35K 
29: EX-10.18    Material Contract                                   HTML     50K 
30: EX-10.19    Material Contract                                   HTML     51K 
13: EX-10.2     Material Contract                                   HTML     89K 
31: EX-10.20    Material Contract                                   HTML     51K 
32: EX-10.21    Material Contract                                   HTML     63K 
33: EX-10.22    Material Contract                                   HTML     50K 
34: EX-10.23    Material Contract                                   HTML     25K 
35: EX-10.24    Material Contract                                   HTML     58K 
36: EX-10.25    Material Contract                                   HTML     65K 
37: EX-10.26    Material Contract                                   HTML     27K 
38: EX-10.27    Material Contract                                   HTML     53K 
39: EX-10.28    Material Contract                                   HTML     73K 
40: EX-10.29    Material Contract                                   HTML     80K 
14: EX-10.3     Material Contract                                   HTML     92K 
41: EX-10.30    Material Contract                                   HTML     38K 
42: EX-10.34    Material Contract                                   HTML    304K 
43: EX-10.35    Material Contract                                   HTML    208K 
44: EX-10.36    Material Contract                                   HTML     50K 
45: EX-10.37    Material Contract                                   HTML     52K 
46: EX-10.38    Material Contract                                   HTML     87K 
47: EX-10.39    Material Contract                                   HTML     94K 
15: EX-10.4     Material Contract                                   HTML     92K 
48: EX-10.40    Material Contract                                   HTML     41K 
49: EX-10.41    Material Contract                                   HTML    160K 
50: EX-10.42    Material Contract                                   HTML     39K 
51: EX-10.43    Material Contract                                   HTML     91K 
52: EX-10.44    Material Contract                                   HTML     41K 
53: EX-10.45    Material Contract                                   HTML     92K 
54: EX-10.46    Material Contract                                   HTML     41K 
55: EX-10.47    Material Contract                                   HTML    108K 
56: EX-10.48    Material Contract                                   HTML     92K 
57: EX-10.49    Material Contract                                   HTML     73K 
16: EX-10.5     Material Contract                                   HTML    111K 
58: EX-10.50    Material Contract                                   HTML    350K 
59: EX-10.54    Material Contract                                   HTML     82K 
60: EX-10.55    Material Contract                                   HTML     90K 
17: EX-10.6     Material Contract                                   HTML    453K 
18: EX-10.7     Material Contract                                   HTML    548K 
19: EX-10.8     Material Contract                                   HTML     75K 
20: EX-10.9     Material Contract                                   HTML     89K 
61: EX-21.1     Subsidiaries of the Registrant                      HTML     21K 
62: EX-31.1     Certification per Sarbanes-Oxley Act (Section 302)  HTML     24K 
63: EX-31.2     Certification per Sarbanes-Oxley Act (Section 302)  HTML     24K 
64: EX-32.1     Certification per Sarbanes-Oxley Act (Section 906)  HTML     22K 
65: EX-32.2     Certification per Sarbanes-Oxley Act (Section 906)  HTML     22K 
66: EX-99.1     Miscellaneous Exhibit                               HTML     50K 
67: EX-99.2     Miscellaneous Exhibit                               HTML     57K 
68: EX-99.3     Miscellaneous Exhibit                               HTML    116K 
69: EX-99.4     Miscellaneous Exhibit                               HTML     32K 
70: EX-99.5     Miscellaneous Exhibit                               HTML     52K 


EX-10.26   —   Material Contract


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




Exhibit 10.26

 

 

January 5, 2004

 

Mr. James Zierick
31715 Sea Level Drive
Malibu, CA 90265

 

Dear Jim:

 

On behalf of Peregrine Systems, we are pleased to confirm your acceptance of our offer for the position of Sr. Vice President, Strategy and Corporate Development reporting to John Mutch, Chief Executive Officer, effective January 12, 2004.

 

Your starting salary will be $11,458.34 per semi-monthly pay period.  In addition, you will be eligible to participate in the Management Incentive Compensation Plan (MICP) with an annual target of $150,000.  This bonus is paid semi-annually, prorated from your hire date.

 

You will also be entitled to employment benefits offered to all employees, which currently include medical, dental, vision and group life insurance benefits, along with a 401(k) program.  In addition, during your first twelve (12) months of employment you will be provided a monthly housing allowance of $2,000, which will be grossed up to cover all applicable federal, state and local withholding taxes.

 

Subject to formal approval by the Compensation Committee of the Board of Directors, you will be granted an option to purchase up to 35,000 shares of Peregrine Systems, Inc. (PSI) common stock, subject to execution of this letter agreement and a stock option agreement consistent with the terms and conditions of the 2003 Equity Incentive Plan (the “Plan”).  The Option grant date will be the later of your employment date or the date of Compensation Committee approval.  The exercise price per share of the Options will be the fair market value of PSI’s common stock on the grant date as determined under the Plan, The right to exercise the Options will vest 25% after the first 12 months, and in 36 equal monthly installments thereafter.  Notwithstanding any provisions of the 2003 Equity Incentive Plan or the stock option grant agreement evidencing the Options to the contrary, if you have a Company-initiated Termination without Cause with twelve (12) months after the occurrence of a Change in Control (as defined in the 2003 Equity Incentive Plan), 100% of the portion of this Option which would otherwise be unvested as of the date of your Termination under the provisions set forth in the stock option grant agreement shall become vested as of the date of your Termination.

 



 

In compliance with the Immigration Control and Reform Act, this offer of employment is contingent upon your showing proof within three days of commencing work of eligibility and right to work in the United States.  Proof is comprised of original documents that establish your identity and your eligibility to work in this country.

 

Peregrine Systems is an “at-will” employer, and as such the employer/employee relationship is subject to termination at anytime by either party at any time with or without cause.  Your employment will not be effective until we receive an executed Invention and Non-Disclosure, and Arbitration Agreement (“INDA”), a copy of which is attached.  Additionally, this employment offer is contingent upon your execution and return of all employment documents as well as satisfactory reference and background checks.

 

Please confirm your acceptance by signing below and faxing a copy to Mary Lou O’Keefe, SVP Human Resources, at 858-794-5106.

 

Jim, we look forward to having you join the Peregrine Team and to your contributions to the success of Peregrine.

 

Sincerely,

 

/s/ John Mutch

 

John Mutch

Chief Executive Officer

 

I accept the position of Sr. Vice President, Strategy and Corporate Development, as described above. My start date will be January 12, 2004.

 

 

 

/s/ James Zierick

 

1/15/04

 

James Zierick

Date

 

2




Dates Referenced Herein   and   Documents Incorporated by Reference

This ‘10-K’ Filing    Date    Other Filings
Filed on:4/30/04
1/12/043,  4
1/5/04
For Period End:3/31/038-K,  NT 10-K
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Filing Submission 0001047469-04-014838   –   Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

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