KOSAN BIOSCIENCES INCORPORATED CHANGE IN CONTROL AND SEVERANCE BENEFIT AGREEMENTControl and Severance Benefit Agreement • March 16th, 2006 • Kosan Biosciences Inc • Services-commercial physical & biological research • California
This Change in Control and Severance Benefit Agreement (the “Agreement”), by and between Kosan Biosciences Incorporated (the “Company”) and (“Employee”) is established effective , (the “Effective Date”). The purpose of this Agreement is to provide for the payment of severance benefits to Employee in the event that Employee is subject to a qualifying employment termination in connection with a Change in Control. This Agreement shall supersede any severance benefit plan, policy or practice previously maintained by the Company relating to change in control benefits and any individually negotiated contract or agreement between Employee and the Company relating to change in control benefits. Since this Agreement, together with other similar agreements with other employees of the Company, will constitute an “employee benefit plan” under ERISA, this document also is a summary plan description.
CONSULTING AGREEMENTConsulting Agreement • March 16th, 2006 • Kosan Biosciences Inc • Services-commercial physical & biological research • California
THIS CONSULTING AGREEMENT (the “Agreement”) is made and entered into by and between KOSAN BIOSCIENCES INCORPORATED, a Delaware corporation having an address at 3832 Bay Center Place, Hayward, CA 94545 (the “Company”), and SUSAN M. KANAYA, an individual (“Consultant”), effective as of January 1, 2006 (the “Effective Date”).
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 16th, 2006 • Kosan Biosciences Inc • Services-commercial physical & biological research
THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into this 21st day of February, 2006, by and between Silicon Valley Bank (“Bank”) and KOSAN BIOSCIENCES INCORPORATED, a Delaware corporation (“Borrower”) whose address is 3832 Bay Center Place, Hayward, California 94545.
