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Force Protection Inc – ‘10-K’ for 12/31/07 – EX-10.40

On:  Monday, 9/15/08, at 3:19pm ET   ·   For:  12/31/07   ·   Accession #:  1047469-8-10069   ·   File #:  1-33253

Previous ‘10-K’:  ‘10-K/A’ on 10/15/07 for 12/31/06   ·   Next:  ‘10-K’ on 3/26/09 for 12/31/08   ·   Latest:  ‘10-K/A’ on 3/16/12 for 12/31/10   ·   3 References:   

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

 9/15/08  Force Protection Inc              10-K       12/31/07   31:5.6M                                   Merrill Corp/New/FA

Annual Report   —   Form 10-K
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 10-K        Annual Report                                       HTML   1.60M 
 2: EX-2.1      Plan of Acquisition, Reorganization, Arrangement,   HTML     25K 
                          Liquidation or Succession                              
 3: EX-3.1      Articles of Incorporation/Organization or By-Laws   HTML     26K 
 4: EX-3.3      Articles of Incorporation/Organization or By-Laws   HTML     16K 
 5: EX-10.1     Material Contract                                   HTML    124K 
 8: EX-10.11    Material Contract                                   HTML     24K 
 9: EX-10.18    Material Contract                                   HTML    710K 
10: EX-10.40    Material Contract                                   HTML     21K 
11: EX-10.52    Material Contract                                   HTML    113K 
12: EX-10.56    Material Contract                                   HTML     34K 
13: EX-10.57    Material Contract                                   HTML    755K 
14: EX-10.58    Material Contract                                   HTML     26K 
15: EX-10.59    Material Contract                                   HTML     24K 
 6: EX-10.6     Material Contract                                   HTML     28K 
16: EX-10.60    Material Contract                                   HTML     25K 
17: EX-10.61    Material Contract                                   HTML     21K 
18: EX-10.63    Material Contract                                   HTML     23K 
19: EX-10.64    Material Contract                                   HTML     17K 
20: EX-10.65    Material Contract                                   HTML    226K 
21: EX-10.66    Material Contract                                   HTML    115K 
22: EX-10.78    Material Contract                                   HTML     70K 
23: EX-10.79    Material Contract                                   HTML    150K 
24: EX-10.81    Material Contract                                   HTML     22K 
 7: EX-10.9     Material Contract                                   HTML     16K 
25: EX-14       Code of Ethics                                      HTML    214K 
26: EX-21.1     Subsidiaries of the Registrant                      HTML     13K 
27: EX-23.1     Consent of Experts or Counsel                       HTML     15K 
28: EX-23.2     Consent of Experts or Counsel                       HTML     13K 
29: EX-31.1     Certification per Sarbanes-Oxley Act (Section 302)  HTML     18K 
30: EX-31.2     Certification per Sarbanes-Oxley Act (Section 302)  HTML     18K 
31: EX-32.1     Exhibt 32.1                                         HTML     15K 


EX-10.40   —   Material Contract
Exhibit Table of Contents

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"Exhibit 10.40
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Exhibit 10.40

GRAPHIC

May 24, 2007

Denise Speaks
1240 Pennsylvania Ave.
Pittsburgh, PA 15233

Dear Denise,

        The aim of this letter is to communicate to you our terms of employment for the position of Co-General Counsel with Force Protection Industries, Inc. which is located in Ladson, South Carolina.

        Your job title will be Co-General Counsel and your position is classified salaried exempt under the regulations and in compliance with the Fair Labor Standards Act (FLSA) as amended in August of 2004. You will report directly to Gordon McGilton. You are expected to begin work no later than June 18, 2007 and your bi-weekly pay will be $9615.38 (subject to withholding).

        Our offer and your start date are predicated upon the results of a post-offer substance abuse screening test, background investigation, and the presentation of proper documents verifying your authorization to work in the United States. Your position may require you to receive a U.S. Defense Service security clearance if required by the Company in connection with your duties.

        A fully taxable relocation benefit allowance of $30,000.00 will be paid to you within 7 working days after your start date providing we receive your signed accepted offer letter and signed relocation reimbursement acceptance form. It may be used at your discretion to assist in your relocation efforts. However the benefit must be repaid according to the relocation reimbursement agreement if you voluntarily leave the company within one (1) year of your start date. You will be eligible to participate in our benefit program, which includes health, dental, vision, and life insurance, paid-time off, paid holidays, as well as our 401K retirement income plan. Eligibility for our benefit programs will begin on the first day of employment. You will be eligible for 84 hours of paid time off for the remainder of 2007.

        We are extremely pleased to extend this offer to you and look forward to your contribution to our Company. If the foregoing is acceptable to you, I would ask that you kindly sign below and return a copy of this letter to me. By signing this letter, you confirm (i) there is no agreement between you and any third party (including any current or prior employer) that would restrict your ability to be employed by Force Protection Industries, Inc., (ii) that you will abide by the terms of any third party confidentiality agreement to which you may be subject, (iii) that you will comply with the processes comprising the Company's Business Operating System, (iv) that your work for the Company is "work for hire" and the Company will own all rights in and to any inventions, ideas or other works of authorship you develop as part of your job, and (v) that you will execute such additional documents as the Company may require from time to time as part of its standard practices relating to all employees (including for example our Non-Disclosure Agreement).

        Please note, South Carolina is an "Employment-at-Will" state, and the agreement between us is intended to be "at-will," notwithstanding any statements by any person to the contrary. This means that both you and the Company have the right to terminate the relationship between us at any time, for any reason and without payment of any termination damages or severance pay of any kind. Please contact the Company if you have any questions about the meaning of "employment at will," otherwise we will conclude that you understand and accept that this principle is binding on you.


        This letter when signed by both parties will constitute the terms between us, and supersedes any prior communications or other agreement you may have or may have had with the Company prior to the date hereof. The terms of this offer letter will expire at the close of business 48 hours after this letter has been presented to you.

Sincerely,        

/s/ GORDON MCGILTON


 

 

 

 

Gordon McGilton
Chief Executive Officer
Force Protection Industries, Inc.
Tel (843) 740-7015
Fax (843) 266-0848
gordon.mcgilton@forceprotection.net

 

 

 

 

I agree to the foregoing terms:

 

I decline the foregoing terms:

/s/ DENISE SPEAKS

 

 

 

 

 
 
 
Name:   Denise Speaks   Name:   Denise Speaks

Date:

 

5/25/07

 

Date:

 

 
   
 
     
 

Cc: EC

3




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Dates Referenced Herein   and   Documents Incorporated by Reference

This ‘10-K’ Filing    Date    Other Filings
Filed on:9/15/088-K
For Period End:12/31/07NT 10-K
6/18/07
5/24/07
 List all Filings 


3 Subsequent Filings that Reference this Filing

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

 2/12/09  SEC                               UPLOAD10/05/17    1:29K  Force Protection Inc.
 2/02/09  SEC                               UPLOAD10/05/17    1:40K  Force Protection Inc.
12/23/08  SEC                               UPLOAD10/05/17    1:43K  Force Protection Inc.
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Filing Submission 0001047469-08-010069   –   Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

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