MAXYGEN, INC. AMENDED AND RESTATED CHANGE OF CONTROL AGREEMENTChange of Control Agreement • March 12th, 2009 • Maxygen Inc • Services-commercial physical & biological research • California
This CHANGE OF CONTROL AGREEMENT (the “Agreement”), originally made by and between MAXYGEN, INC., a Delaware corporation (the “Company”), and [ ] (the “Executive”) on [ ], as amended and restated on May 7, 2008 (the “Prior Agreement”), is hereby amended and restated in its entirety effective as of the last date signed below in order to comply with Internal Revenue Code Section 409A.
Maxygen, Inc. 515 Galveston Drive Redwood City, CA 94063 650.298.5300 main 650.364.2715 fax www.maxygen.comMaxygen Inc • March 12th, 2009 • Services-commercial physical & biological research
This letter will reflect the agreement of Maxygen, Inc. (“Company”) and Michael Rabson (“Consultant”) to amend that certain Consulting Agreement entered into between Consultant and the Company, effective 1st April 2008 (the “Agreement”). All capitalized terms under this letter amendment shall have the same meanings as those ascribed in the Agreement.
MAXYGEN, INC.Restricted Stock Unit Award Agreement • March 12th, 2009 • Maxygen Inc • Services-commercial physical & biological research
Unless otherwise defined herein, the terms defined in the Maxygen, Inc. 2006 Equity Incentive Plan (the “Plan”) shall have the same defined meanings in this Restricted Stock Unit Award Agreement (the “Agreement”).
SECOND AMENDMENT TO LEASELease • March 12th, 2009 • Maxygen Inc • Services-commercial physical & biological research
This Second Amendment to Lease (“Amendment”) is entered into, and dated for reference purposes, as of February 6, 2009 (the “Execution Date”) by and between METROPOLITAN LIFE INSURANCE COMPANY, a New York corporation (“Metropolitan”), as Landlord (“Landlord”), and MAXYGEN, INC., a Delaware corporation (“Maxygen”), as Tenant (“Tenant”), with reference to the following facts (“Recitals”):
SIXTH AMENDMENT TO LEASELease • March 12th, 2009 • Maxygen Inc • Services-commercial physical & biological research
This Sixth Amendment to Lease (“Amendment”) is entered into, and dated for reference purposes, as of February 6, 2009 (the “Execution Date”) by and between METROPOLITAN LIFE INSURANCE COMPANY, a New York corporation (“Metropolitan”), as Landlord (“Landlord”), and MAXYGEN, INC., a Delaware corporation (“Maxygen”), as Tenant (“Tenant”), with reference to the following facts (“Recitals”):
