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GREAT WOLF RESORTS, INC.
COMPENSATION COMMITTEE CHARTER
I. Composition of the Compensation Committee:
The Compensation Committee (the “Committee”) of Great Wolf Resorts,
Inc. (the “Company”) shall be comprised of at least three directors,
each of whom shall (a) qualify as an Independent Director under the Listing Standards
of The Nasdaq Stock Market, Inc., (b) be a “non-employee” director within
the meaning of Rule 16b-3 under the Securities Exchange Act of 1934, as amended,
and (c) otherwise be free from any relationship that, in the opinion of the Board
of Directors (the “Board”), would interfere with the exercise of his
or her independent judgment as a member of the Committee.
Members shall be appointed by the Board based on nominations
recommended by the Nominating and Corporate Governance Committee, and shall serve
at the pleasure of the Board and for such term or terms as the Board may determine.
II. Purposes of the Compensation Committee:
The purposes of the Committee are to:
A. assist the Board in discharging the Board’s responsibilities
relating to compensation of the Company’s directors and executives and the
Company’s overall compensation and benefits structure; and
B. produce an annual report on executive compensation
for inclusion in the Company’s annual meeting proxy statement in accordance
with applicable rules and regulations.
III. Meetings of the Compensation Committee:
The Committee shall hold such meetings as may be called by the Chairperson of the
Committee or at the request of the Board of Directors. Members of the Committee
may participate in a meeting of the Committee by means of conference call or similar
communications equipment by means of which all persons participating in the meeting
can hear each other.
IV. Responsibilities and Duties of the
Compensation Committee: To carry out its purposes, the Committee shall
have the following responsibilities and duties:
A. Compensation
1. Annually review and approve the Company’s goals
and objectives relevant to chief executive officer (“CEO”) and senior
executive compensation, including as the Committee deems appropriate, consideration
of the Company’s performance and relative stockholder return, the value of
similar incentive awards to officers at comparable companies, the awards given to
officers in past years and such other factors as the Committee deems relevant, and
evaluate the CEO’s and the other senior executives’ performance in light
of those goals and objectives.
2. Annually review and approve, for the CEO and the other
senior executives of the Company, (a) the annual base salary level, (b) the annual
incentive opportunity level, (c) the long-term incentive opportunity level and (d)
any special or supplemental benefits or perquisites.
3. Review and approve, for the CEO and other senior executives,
employment agreements, severance arrangements and change in control agreements/provisions,
in each case as, when and if appropriate.
4. Annually review and make recommendations to the Board
concerning the adoption, terms and operation of the Company’s compensation
plans for all directors, officers and other senior executives, including incentive
compensation plans and equity-based plans.
5. Grant stock options, restricted stock and other discretionary
awards under the Company’s incentive compensation and equity-based plans.
6. Perform the administrative functions assigned to the
Committee by the Board or the provisions of any incentive compensation plan, equity-based
plan, employee stock purchase plan or other employee benefit plan.
7. Retain, as deemed necessary, and terminate any compensation
consultant to be used to assist in the evaluation of director, CEO or executive
compensation. The Committee shall have sole authority to select such consultant
and approve the consultant’s fees and other retention terms.
B. General
1. Report periodically to the Board.
2. Annually review the adequacy of this Charter and recommend
any proposed changes to the Board for approval.
3. Assist the Board in developing and evaluating candidates
for executive positions, including the CEO, and oversee the development of executive
succession plans.
4. Annually prepare a report on executive compensation
for inclusion in the Company’s proxy statement in accordance with applicable
rules and regulations.
5. Annually evaluate the performance of the Committee.
6. Perform any other activities consistent with this Charter,
the Company’s Certificate of Incorporation and Bylaws and applicable laws,
as the Committee deems appropriate or as requested by the Board.
V. Resources and Authority of the Compensation
Committee: The Committee shall have the resources and authority appropriate
to discharge its responsibilities, including the authority to engage and approve
fees and other retention terms of special or independent counsel or other advisors,
as it deems appropriate to carry out its duties, without seeking approval of the
Board or management. The Company will provide for appropriate funding, as determined
by the Committee, for the payment of (a) compensation to any advisors employed by
the Committee under the preceding sentence, and (b) ordinary administrative expenses
of the Committee that are necessary or appropriate in carrying out its duties.
VI. Delegation to Subcommittee:
To the extent permitted by the Company’s Bylaws and applicable law, the Committee
may, in its discretion, delegate all or a portion of its duties and responsibilities
to a subcommittee of the Committee; provided, however, that any actions taken pursuant
to any such delegation shall be reported to the Committee at its next meeting.
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