Attached files
| file | filename |
|---|---|
| 8-K - FORM 8-K - dELiAs, Inc. | d873605d8k.htm |
Exhibit 10.1
Delia’s Key Employee Incentive Plan
| Event |
Funding | Ryan A. Schreiber |
Edward Brennan |
David Diamond | ||||
| A Sale of MOOS Inventory to the Agent at a guaranteed amount in excess of .30 of the Cost Value of MOOS Inventory | 8.5% of Estate Recovery |
50% of Funding | 50% of Funding | |||||
| The Debtors’ estates receiving a recovery of an amount in excess of $25,000 with respect to the sharing provisions of the Agency Agreement with respect to the MOOS Inventory | 8.5% of Estate Recovery |
25% of Funding | 75% of Funding | |||||
| The Debtors’ estates receiving a recovery in excess of $50,000 with respect to the sharing provisions of the Agency Agreement with respect to the Merchandise | 8.5% of Estate Recovery |
25% of Funding | 75% of Funding | |||||
| The Debtors’ estates receiving in excess of with respect to a sale of the Intellectual Property subject to the Agency Agreement | 8.5% of Estate Recovery |
100% of Funding | ||||||
| The Debtors’ estate receiving an amount in connection with a sale of its leased and owned real estate: | ||||||||
| in excess of but
less than or equal to
in excess of but
less than or equal to
in excess of |
5% of Estate Recovery
7% of Estate Recovery
8.5% of Estate |
90% of Funding
90% of Funding
90% of Funding |
10% of Funding
10% of Funding
10% of Funding |
|||||
| The Debtors’ estates receiving an amount in connection with recoveries of funds held as collateral for Letters of Credit securing the payments of the lease of the Debtors’ corporate headquarters | 8.5% of Estate Recovery |
100% of Funding | ||||||
| The Debtors’ estates receiving in excess of with respect to any claim it holds (i) in the VISA/Mastercard litigation and (ii) in other current ordinary course claims and litigations but not including chapter 5 causes of action or D&O claims unless otherwise agreed in writing by the Committee. | 8.5% of Estate Recovery |
100% of Funding | ||||||
| The DIP Facility being paid in full on or before April 15, 2015 | $10,000 $50,000 (if Salus contributes $40,000) |
$5,000 $25,000 (if Salus contributes $40,000) |
$5,000 $25,000 (if Salus |
|||||
| The Debtors confirming a plan or reorganization before April 30, 2015 providing for the following amounts distributable to unsecured creditors or a trust established for their benefit: | ||||||||
| less than $550,000 greater than or equal $550,000 |
$25,000 $50,000 |
$12,500 $25,000 |
$12,500 $25,000 |
|||||
| Sale of (a) Intellectual Property in excess of or
(b) sale of the Distribution Center in excess of to Purchaser introduced by the KEIP Recipient; provided that, the Debtors confirm a plan or reorganization before April 30, 2015 providing for the following amounts distributable to unsecured creditors or a trust established for their benefit: |
||||||||
| less than $550,000 greater than or equal $550,000 |
$10,000 $25,000 |
$10,000 $25,000 | ||||||