UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

 

FORM 8-K

 

 

CURRENT REPORT

PURSUANT TO SECTION 13 or 15(d) OF THE

SECURITIES EXCHANGE ACT OF 1934

DATE OF REPORT (Date of earliest event reported): December 6, 2010

 

 

MUELLER WATER PRODUCTS, INC.

(Exact Name of Registrant as Specified in Its Charter)

 

 

 

Delaware   0001-32892   20-3547095
(State or Other Jurisdiction of
Incorporation or Organization) 		 

(Commission

File Number)

  (I.R.S. Employer
Identification Number)

1200 Abernathy Road, Suite 1200

Atlanta, Georgia 30328

(Address of Principal Executive Offices)

(770) 206-4200

(Registrant’s telephone number, including area code)

Not applicable.

(Former name or former address, if changed since last report)

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240-14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240-13e-4(c))

 

 

 

 

Item 5.02. Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangement of Certain Officers

On December 1, 2010, Mueller Water Products, Inc. (the “Company”) and Gregory E. Hyland, the Company’s Chairman of the Board of Directors, President and Chief Executive Officer, entered into an amendment (the “Amendment”) to Mr. Hyland’s employment agreement (the “Agreement”). The Amendment deletes a provision from the original Agreement that entitled Mr. Hyland to reimbursement for membership dues in one country club and one luncheon club in the Atlanta, Georgia area. The Amendment is consistent with a recent determination by the Company’s Compensation and Human Resources Committee to modify the Company’s policy for executive club reimbursement, such that the Company will no longer reimburse executives for club membership fees.

 

Item 9.01. Exhibit

(d) Exhibits.

 

99.1    Amendment to Employment Agreement, dated December 1, 2010, between Mueller Water Products, Inc. and Gregory E. Hyland

 

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SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

Dated: December 6, 2010     MUELLER WATER PRODUCTS, INC.
    By:  

/s/ Robert Barker

      Robert Barker
      Executive Vice President and General Counsel

 

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Exhibit 99.1

LOGO

AMENDMENT TO EMPLOYMENT AGREEMENT

THIS AMENDMENT is made and entered into as of the 1st day of December, 2010, by and between Mueller Water Products, Inc., a Delaware corporation (“Company”), and Gregory Hyland (“Employee”).

W I T N E S S E T H:

WHEREAS, Company and Employee entered into an Executive Employment Agreement effective as of September 15, 2008 (the “Agreement”) and an amendment to the Agreement effective as of February 6, 2009 (“Amendment No. 1”);

WHEREAS, the Agreement provides that Employee shall be entitled to reimbursement for membership dues in one country club and one luncheon club located in the Atlanta, Georgia area, in accordance with Company’s policy for executive club reimbursement;

WHEREAS, the Compensation and Human Resources Committee (the “Committee”) of Company has determined to change Company’s policy for executive club reimbursement such that Company will no longer reimburse executives for club membership fees after January 1, 2011;

NOW, THEREFORE, in consideration of the agreements, covenants and conditions herein, and for other good and valuable consideration, receipt of which is hereby acknowledged, Employee and Company hereby agree as follows:

1. Capitalized terms used in this Amendment shall have the meanings assigned to such terms in the Agreement.

2. Section 3(h) of the Agreement is deleted in its entirety.

3. The parties acknowledge and agree that this Amendment has been negotiated at arm’s-length between persons knowledgeable in the matters dealt with herein. Accordingly, any rules of law that would require interpretation of any ambiguities against the party who drafted this Amendment do not apply and are expressly waived.

4. The parties agree to cooperate fully and execute any and all documents and to take all additional actions which may be necessary or appropriate to give full force and effect to the terms and intent of this Amendment.

5. The Agreement, as expressly amended by this Amendment, shall remain in full force and effect in accordance with its terms and continue to bind the parties. This Amendment supersedes and amends any other agreements between Company and/or any subsidiary or division and Employee, and any policy applicable to Employee. Any disputes under this Amendment shall be resolved as provided in the Agreement.

6. This Amendment shall be effective as of the date first set forth above.

IN WITNESS WHEREOF, the parties hereto have executed and delivered this Amendment as of the date first above written.

 

MUELLER WATER PRODUCTS, INC.
By:  

  /s/ Donald N. Boyce

  On behalf of the Compensation and Human Resources Committee of the Board of Directors

    /s/ Gregory E. Hyland

Gregory Hyland

 

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