July 25, 2008 Geoffrey LouiEmployment Agreement • April 7th, 2010 • Hawaiian Telcom Holdco, Inc.
December 21, 2009 Mr. Geoffrey Loui Honolulu, HI 96813 Dear Geoffrey:Hawaiian Telcom Holdco, Inc. • April 7th, 2010 • Hawaii
You and Hawaiian Telcom Communications, Inc. (the “Company”) signed an employment agreement dated July 25, 2008 (the “Employment Agreement”). In order to provide clarity regarding the parties’ intent, you and the Company have agreed to modify the Employment Agreement as set forth herein. We note in particular that although we believe the current Good Reason provisions in Sections 1(j) and 1(k) of the Employment Agreement comply with Section 409A of the Internal Revenue Code of 1986, as amended, out of an abundance of caution we have agreed to modify those provisions. Except as otherwise amended in this letter agreement, the Employment Agreement remains in full force and effect.
AMENDMENT NO. 1 TO SERVICES AGREEMENTTo Services Agreement • April 7th, 2010 • Hawaiian Telcom Holdco, Inc.
The Services Agreement dated as of December 1, 2008 (the “Agreement”), by and between Hawaiian Telcom Communications, Inc., a Delaware corporation, on behalf of itself and its subsidiaries (collectively, the “Debtors”), Zolfo Cooper Management, LLC (“ZC”), a New Jersey limited liability corporation, and Kevin Nystrom (“Nystrom”), is hereby amended by this Amendment No. 1 to Services Agreement (“Amendment “) dated January 14, 2010 but effective as of January 1, 2010.
SUPPLY CHAIN SERVICES AGREEMENT By and Between Hawaiian Telcom Communications, Inc. And KGP Logistics, Inc. December 7, 2009Supply Chain Services Agreement • April 7th, 2010 • Hawaiian Telcom Holdco, Inc. • New York
THIS SUPPLY CHAIN SERVICES AGREEMENT (the “Agreement”), dated as of the Effective Date, is between HAWAIIAN TELCOM COMMUNICATIONS, INC., a Delaware corporation (“Hawaiian Telcom”), and KGP LOGISTICS, INC. , an Ohio corporation (“Supplier”).
INDEPENDENT CONTRACTOR AGREEMENTIndependent Contractor Agreement • April 7th, 2010 • Hawaiian Telcom Holdco, Inc. • Hawaii
This Agreement, dated December 21, 2009, is made by and between Geoffrey Loui, whose residence address is 2243 Piimauna Street, Honolulu, HI 96821 (the “Contractor”), and Hawaiian Telcom Communications, Inc., whose principal place of business is 1177 Bishop Street Honolulu, Hawaii 96813, on behalf of itself and its subsidiaries (the “Company”).
December 21, 2009 Mr. Robert F. ReichHawaiian Telcom Holdco, Inc. • April 7th, 2010 • Hawaii
AMENDED AND RESTATED MASTER APPLICATION SERVICES AGREEMENT BETWEEN HAWAIIAN TELCOM COMMUNICATIONS, INC. AND ACCENTURE LLP EXECUTED March 13, 2009Master Application Services Agreement • April 7th, 2010 • Hawaiian Telcom Holdco, Inc.
This Amended and Restated Master Application Services Agreement (this “Master Agreement”), executed as of March 13, 2009 and effective as of the effective date determined in accordance with Section 16.3 (the “Effective Date”), is by and between Hawaiian Telcom Communications, Inc., a Delaware corporation (“Customer”), and Accenture, LLP, an Illinois limited liability partnership (“Supplier”). Each of Customer and Supplier is referred to herein as a “Party” and collectively as the “Parties”.
SERVICES AGREEMENTServices Agreement • April 7th, 2010 • Hawaiian Telcom Holdco, Inc. • New York
This SERVICES AGREEMENT (the “Agreement”) dated as of December 1, 2008, is made by and between Hawaiian Telcom Communications, Inc., a Delaware corporation, on behalf of itself and its subsidiaries (collectively, “HT” or the “Debtors”) Zolfo Cooper Management, LLC (“ZC”) a New Jersey limited liability corporation and Kevin Nystrom (“Nystrom”), relating to Hawaiian Telcom and its subsidiaries.
December 21, 2009 Mr. John T. Komeiji Honolulu, HI 96813 Dear John:Hawaiian Telcom Holdco, Inc. • April 7th, 2010 • Hawaii
You and Hawaiian Telcom Communications, Inc. (the “Company”) signed an employment agreement dated July 15, 2008 (the “Employment Agreement”). In order to provide clarity regarding the parties’ intent, you and the Company have agreed to modify the Employment Agreement as set forth herein. We note in particular that although we believe the current Good Reason provisions in Sections 1(j) and 1(k) of the Employment Agreement comply with Section 409A of the Internal Revenue Code of 1986, as amended, out of an abundance of caution we have agreed to modify those provisions. Except as otherwise amended in this letter agreement, the Employment Agreement remains in full force and effect.
Amended and Restated Employment AgreementEmployment Agreement • April 7th, 2010 • Hawaiian Telcom Holdco, Inc. • New York
This Amended and Restated Employment Agreement (the “Agreement”) dated as of April 5, 2010 and effective as of the Emergence Date (as defined below), is made by and between Hawaiian Telcom Holdco, Inc. (together with any successor thereto, the “Company”) and Eric K. Yeaman (the “Executive”).
