Engagement of Executive; Duties. 1.2.1. During the Term, the Executive shall have the title of Executive Vice President of the Company, subject to the terms of this Agreement. The Executive shall faithfully and diligently discharge his duties hereunder and use his best efforts to implement the policies established by the Company’s Board of Directors (“Board”) from time to time. During the Term, the Executive shall report directly to the Chief Executive Officer.
Engagement of Executive; Duties. During the Term (as hereinafter defined in Section 3 below), the Executive shall have the title of Chief Executive Officer of the Company reporting to the Company’s Board of Directors (the “Board”). The Executive will have such responsibilities, duties, and authority customarily associated with the position of Chief Executive Officer. In connection with her employment by the Company, the Executive shall be based in the greater New York metropolitan area.
Engagement of Executive; Duties. During the Term (as hereinafter defined in Section 3 below), the Executive shall have the title of Interim Chief Executive Officer of the Company, and shall have the authorities, duties and responsibilities customarily exercised by an individual serving in these positions in a corporation of the size and nature of the Company and such other authorities, duties and responsibilities as may be from time to time delegated to him by the Board of Directors of the Company (the “Board”). The Executive shall faithfully and diligently discharge his duties hereunder and use his best efforts to implement the policies established by the Company. The Executive shall report to the Board.
Engagement of Executive; Duties. From the Commencement Date, as defined below, through and including March 31, 2016, the Executive shall have the title of President of the Company. Commencing on April 1, 2016 and for the remainder of the Term (as defined in Section 3 below), the Executive shall have the titles of Chief Executive Officer and President of the Company, and shall have the authorities, duties and responsibilities customarily exercised by an individual serving in these positions in a corporation of the size and nature of the Company and such other authorities, duties and responsibilities as may be from time to time delegated to him by the Board of Directors of the Company (the “Board”). The Executive shall faithfully and diligently discharge his duties hereunder and use his best efforts to implement the policies established by the Board from time to time. The Executive shall report to the Board. The Executive shall be elected to the Board effective on the Commencement Date (as defined in Section 3 below) and during the Term, at each annual meeting of the Company’s stockholders, the Company shall nominate the Executive for election, and the Board shall recommend the election of the Executive, by the Company’s stockholders as a Director, subject to the approval of such nomination by the Company’s Nominating and Governance Committee. The Executive shall comply with Company policies in effect from time to time and about which he has notice, including, without limitation, policies relating to stock ownership guidelines, clawback provisions, hedging and pledging of securities and xxxxxxx xxxxxxx.
Engagement of Executive; Duties. During the Term (as hereinafter defined in Section 3 below), the Executive shall have the title of Executive Chairman of the Company, including, without limitation, advising and otherwise supporting the Chief Executive Officer of the Company (the “CEO”) in connection with the CEO’s transition to such position and shall have the authorities, duties and responsibilities customarily exercised by an individual serving in this position in a corporation of the size and nature of the Company, and such other authorities, duties and responsibilities as may be from time to time delegated to him by the Board. The Executive shall faithfully and diligently discharge his duties hereunder and use his best efforts to implement the policies established by the Company. The Executive shall report to the Board. Executive and the Company hereby acknowledge and agree that the Previous Employment Agreement has been terminated in accordance with its terms as of October 15, 2018.
Engagement of Executive; Duties. 1.2.1. During the Term and subject to the terms of this Agreement, the Executive will serve as the Chief Executive Officer of the Company and will report directly to the Company’s Board of Directors (the “Board”). The Executive will have such duties and responsibilities that are commensurate with such position, including the implementation of the policies developed by the Board, as well as such other duties and responsibilities as are from time to time assigned to Executive by the Board (or a committee thereof). Executive’s duties and responsibilities will include, without limitation, the authority to hire and fire employees (other than any executive chairman of the Board); provided however, that the consent of the Compensation Committee shall be required to hire or fire any officer of the Company at the level of Senior Vice President or higher.
Engagement of Executive; Duties. During the Executive’s employment with the Company, the Executive shall have the title of Chief Executive Officer of the Company, reporting to the Company’s Board of Directors (the “Board”). The Executive will have such responsibilities, duties, and authority customarily associated with the position of Chief Executive Officer. In connection with his employment by the Company, the Executive shall be based in the greater New York, New York metropolitan area. The Executive shall also be appointed as a director of the Board effective as of the Effective Date; provided, however, that Executive shall immediately resign from the Board (as well as immediately resign from any officer or director position the Executive holds on any of the Company’s subsidiaries or affiliates during the Executive’s employment with the Company), upon his termination of employment for any reason.
Engagement of Executive; Duties. On the terms and subject to the conditions set forth herein, the Company hereby agrees to employ Executive, and Executive hereby agrees to accept such employment, for the Term (as hereinafter defined in Section 3 below). During the Term, Executive shall serve as and have the title of Chief Financial Officer of the Company, reporting to the Chief Executive Officer (the “CEO”) of the Company. Executive will have such responsibilities, duties and authority customarily associated with the position of Chief Financial Officer. Executive shall be primarily based out of Commerce City, California, subject to customary travel and business requirements. In the event that Executive is not Chief Financial Officer of the Company for any reason, Executive agrees that he will cease immediately to hold any and all officer positions he then has with the Company or any subsidiary, absent a contrary direction from the Board (which may include either a request to continue such service or a direction to cease serving upon notice without regard to whether his employment has ended).
Engagement of Executive; Duties. During the Term (as hereinafter defined in Section 3 below), the Executive shall have the title of Chief Financial Officer of the Company, reporting to the Company’s Chief Executive Officer. The Executive will have such responsibilities, duties, and authority customarily associated with the position of Chief Financial Officer, including, but not limited to assisting the Chief Executive Officer and Company leadership team on all strategic and tactical matters as they relate to budget management, cost benefit analysis, public accounting and reporting, forecasting needs, securing new funding, and investor relations; managing the finance team of the Company and third parties to which accounting, reporting, or finance functions have been outsourced, implementing operational best practices, personally overseeing, reviewing, and approving all public filings; reporting financial results to the Board of Directors of the Company (the “Board”); understanding and mitigating key elements of the Company’s risk profile; maintaining banking relationships; and representing the Company with investors. In connection with his employment by the Company, the Executive shall be based in New York City.
Engagement of Executive; Duties. During the Term (as hereinafter defined in Section 3 below), the Executive shall have the title of Executive Chairman of the Company, and shall have the authorities, duties and responsibilities customarily exercised by an individual serving in this position in a corporation of the size and nature of the Company, including, without limitation, overseeing the Company’s financial and legal functions, leading the refinancing of the Company’s Convertible Notes due in March 2018 and the Company’s pursuit of strategic alternatives and such other authorities, duties and responsibilities as may be from time to time delegated to him by the Board. The Executive shall faithfully and diligently discharge his duties hereunder and use his best efforts to implement the policies established by the Company. The Executive shall report to the Board.
