Username:
  
  Password:
  
  

Exhibit 10.4

BASIC EARTH SCIENCE SYSTEMS, INC.

DIRECTOR COMPENSATION PLAN

Effective April 1, 2007

I. GENERAL PROVISIONS

     1.1 Purpose The purpose of this Basic Earth Science Systems, Inc. Director Compensation Plan (this “Plan”) is to attract and retain qualified individuals who are not employed by Basic Earth Science Systems, Inc., or its subsidiaries, (the “Company”) to serve as directors on the Company’s Board of Directors (each a “Director” and collectively, the “Directors”). Each Director is expected to remain as a member of the Company’s Board of Directors for his or her entire term and carry out, to the best of his or her abilities, the duties of his or her position along with any committee chairmanship and/or committee member assignments. This Plan is intended to align the interests of such Directors with those of the Company’s stockholders by providing that a significant portion of such Directors’ compensation is directly linked to increases in the value of the Company’s common stock, par value $0.001 per share (the “Common Stock”).

     1.2 Eligible Participants Each Director that is not an employee of the Company and is “independent” as that term is defined in the rules and regulations of the NYSE Amex LLC (formerly known as the American Stock Exchange) shall be eligible for compensation under this Plan.

     1.3 Plan Administration, Amendment and Interpretation This Plan shall be administered by the Compensation Committee of the Board of Directors, which shall have the power to interpret this Plan and amend it from time to time as it deems proper. The determination, interpretations and other actions of the Compensation Committee pursuant to the provisions of this Plan shall be binding and conclusive for all purposes and on all persons.

II. ANNUAL RETAINER AND MEETING FEES

     2.1 Annual Retainer Each Director shall be entitled to receive an annual retainer consisting of (a) $16,000 payable in cash and (b) restricted stock having a value as of the date of grant of approximately $36,000 (together, the “Annual Retainer”). The cash portion of the retainer shall be paid to each Director no later than the first March 15 th following the end of the year to which such Annual Retainer relates.

     2.2 Annual Restricted Stock Award As part of the Annual Retainer, each Director will receive an award of shares of restricted stock on April 1 st of each year. The number of shares of restricted stock so granted each year will be determined by dividing $36,000 by the fair market value of the Common Stock. Fair market value of the Common Stock shall be the average of the closing price of the Common Stock (on the primary exchange on which the Common Stock is then traded) during the ten trading days immediately preceding each anniversary date of the restricted stock grant. A fractional share resulting from such calculation will be rounded to the nearest whole share. All grants of restricted stock shall also be subject to the terms and conditions set forth in Article III below.

     2.3 Retainer Fee for Committee Chairs Committee chairpersons of the Audit, Compensation and Nominating Committees shall be paid additional compensation of $5,500, $4,500 and $3,500 per year, respectively. Such payment shall be made on October 1 st of each year to which the payment relates, p


This is only a partial view of this document. We have millions of legal documents and clauses drafted by top law firms. learn more search for free browse for free learn more