8-KLeadership ChangesMaterial AgreementsExhibits & Filings

Cheniere Energy, Inc. 8-K Report, Material Agreement (Jun 19, 2008)

Filed June 19, 2008For Securities:LNG

Summary

Cheniere Energy, Inc. (LNG) filed an 8-K on June 19, 2008, detailing key corporate governance and compensation adjustments. The most significant for investors is the revised compensation structure for non-employee directors, establishing an annual compensation of $160,000 for their services, with additional stipends for committee chairs and the Lead Director. This compensation can be elected by directors as either 100% restricted stock or a 50% cash/50% restricted stock mix, with restricted stock grants to vest one year from the grant date. Furthermore, the filing confirms the stockholder approval of Amendment No. 3 to the 2003 Stock Incentive Plan, effective June 13, 2008. This amendment introduces new limits on the number of shares and cash amounts that can be granted to a single participant annually, while also expanding the types of performance-based criteria for awards to include metrics like earnings before taxes and depreciation, stock price measures, and price per share. These changes aim to align executive incentives with company performance and shareholder value.

Key Highlights

  • 1Non-employee directors' annual compensation set at $160,000 for the period between annual meetings.
  • 2Additional compensation approved for Audit Committee Chair ($20,000), Compensation Committee Chair ($20,000), Lead Director ($20,000), and Governance and Nominating Committee Chair ($10,000).
  • 3Directors have the option to receive compensation entirely in restricted stock or a 50% cash/50% restricted stock split.
  • 4Restricted stock grants to be made on June 16, 2008, with full vesting occurring one year from the grant date.
  • 5Stockholder approval of Amendment No. 3 to the 2003 Stock Incentive Plan, effective June 13, 2008.
  • 6Amendment No. 3 imposes an annual grant limit of 1,000,000 shares per participant under the stock incentive plan.
  • 7Maximum annual cash payout under awards is capped at $10,000,000 per participant; permissible performance criteria expanded.

Frequently Asked Questions

Non-employee directors will receive $160,000 annually for their services. Additional compensation is provided for committee chairs and the Lead Director. Directors can elect to receive this compensation as 100% restricted stock or a 50% cash and 50% restricted stock mix. The restricted stock will vest one year after the grant date.

Amendment No. 3, approved by stockholders, introduces a cap of 1,000,000 shares per participant per calendar year for awards under the plan. It also limits the maximum annual cash payout to $10,000,000 per participant and broadens the performance metrics for awards to include earnings before taxes and depreciation, stock price measures, and price per share.

The filing notes that Charif Souki was elected President on June 13, 2008, in addition to his existing roles as Chairman of the Board and Chief Executive Officer. Details regarding his compensation were previously disclosed in a May 14, 2008 8-K filing.

The compensation for non-employee directors was approved by the Board on June 13, 2008, and the stockholder approval for Amendment No. 3 to the 2003 Stock Incentive Plan was also effective as of June 13, 2008. Restricted stock grants for directors are scheduled for June 16, 2008.