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): July 24, 2007
COTT
CORPORATION
(Exact name of registrant
as specified in its charter)
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| CANADA |
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000-19914 |
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None |
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(Commission |
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(IRS Employer |
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File Number) |
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Identification No.) |
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207 Queen’s Quay West, Suite 340
Toronto, Ontario, Canada |
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M5J 1A7 |
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5481 West Waters Avenue, Suite 111
Tampa, Florida, United States |
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33634 |
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| (Address of principal executive offices) |
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(Zip Code) |
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| (Registrant’s telephone number, including area code): |
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(416) 203-3898
(813) 313-1800 |
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4211 W. Boy Scout Boulevard, Suite 290
Tampa, Florida, United States |
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33607 |
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| (Former name or former address, if changed
since last report.) |
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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 (see General Instruction A.2. below):
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
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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 Arrangements of Certain Officers.
On July 24, 2007, Cott Corporation
(the “Company”) and Tina Dell’Aquila, the Company’s Vice President,
Controller and Assistant Secretary and principal accounting officer, reached an agreement
regarding the date of her departure as the Company consolidates the senior leadership team in
Tampa, Florida. Ms. Dell’Aquila served as the Company’s Interim Chief Financial
Officer from December 1, 2006 to March 26, 2007, when Mr. Juan Figuereo was appointed as the
Company’s Chief Financial Officer.
Ms. Dell’Aquila will be
terminated without cause effective October 26, 2007 (the “Termination Date”).
In connection with her termination without cause and consistent with the terms of the
Company’s Amended and Restated Retention, Severance and Non-Competition Plan described in
the Company’s Current Report on Form 8-K filed on May 17, 2007, as amended as described
in the Company’s Current Report on Form 8-K filed on June 29, 2007, Ms. Dell’Aquila
will receive a cash payment equal to twice the sum of her annual base salary, annual car
allowance, and annual bonus at target for 2007. She will also be entitled to be paid accrued
salary and vacation pay to her termination date and a lump sum payment of a pro rata 2007
bonus at target, all subject to applicable withholdings.
These payments will result in
aggregate payments to Ms. Dell’Aquila of C$1,305,563, to be paid as a lump sum on the
first pay run after the Termination Date. The Company will also make a payment equal to
the value (based on the closing price of the Company’s stock on the Toronto Stock
Exchange on October 26, 2007) of 16,188 performance share units, representing a pro rata
portion of performance share units granted to Ms. Dell’Aquila in 2006 and 2007. Ms.
Dell’Aquila will receive outplacement services for up to six months and will continue
to participate in the Company’s benefits plans for up to 2 years.