Dollar General 2006 Annual Report Download - page 138

Payments Regardless of Manner of Termination
Regardless of the manner in which employment terminates, the NEO (other than Mr.
Perdue) will receive any earned but unpaid base salary through the service termination date,
along with any other benefits owed under any of our plans or agreements covering the officer,
which benefits will be governed by the terms of that plan or agreement. These benefits include
vested amounts in the CDP/SERP Plan discussed after the Non Qualified Deferred
Compensation Table in this report.
Regardless of the manner in which Mr. Perdue’ s employment terminates, but subject to
any 6-month delay in payment required for tax law purposes, he will receive a lump sum
payment equal to any earned but unpaid base salary through his service termination date, any
accrued expenses and vacation pay and, unless he elected a different payout in a prior deferral
election, any compensation previously deferred along with accrued interest and earnings. This
payment will be made in accordance with our normal payroll cycle and procedures and in due
course, rather than in a lump sum, in the event Mr. Perdue is terminated for cause as discussed
under “Payments Upon Involuntary Termination” below. He also will receive timely payment or
provision of any other accrued amounts or benefits required to be paid or provided or which he is
eligible to receive under any of our plans, practices or agreements. These benefits include
amounts payable pursuant to his SERP described after the Pension Benefits table in this
document and his CDP benefit discussed above after the Nonqualified Deferred Compensation
Table.
The tables below exclude any amounts payable to the NEO to the extent that they are
available generally to all salaried employees and do not discriminate in favor of our executive
officers.
Mr. Perdue will forfeit any unpaid amounts he otherwise would be entitled to receive
upon termination of his employment if he breaches any provision of his employment agreement,
including breach of any business protection provisions. These business protection provisions
include the following obligations which continue beyond the end of Mr. Perdue’ s employment
with us:
• He must maintain the confidentiality of, and refrain from disclosing or using, our (a)
trade secrets for any period of time as the information remains a trade secret under
applicable law and (b) confidential information for a period of 2 years following his
service termination date.
• For 2 years following his service termination date, Mr. Perdue may not actively
recruit or induce any person who is or who was within 1 year before his termination
date one of our exempt employees, to cease employment with us or engage that
person’ s services in any business substantially similar to or competitive with that in
which we were engaged during Mr. Perdue’ s employment.
• For 2 years after his service termination date, Mr. Perdue may not accept or work in a
“competitive position” within any state in which we maintain stores at the time of his
136