GIGAMON LLC CHANGE IN CONTROL SEVERANCE AGREEMENTChange in Control Severance Agreement • March 25th, 2013 • Gigamon LLC • Services-computer processing & data preparation • California
This Change in Control Severance Agreement (the “Agreement”) is made and entered into by and between Mike Hoffman (“Executive”) and Gigamon LLC, a Delaware limited liability company (the “Company”), effective as of September 17, 2012 (the “Effective Date”).
GIGAMON LLC OPTION REMEDIATION AGREEMENTOption Remediation Agreement • March 25th, 2013 • Gigamon LLC • Services-computer processing & data preparation • California
As the parties have discussed, Optionee holds certain options to purchase units of Gigamon Systems LLC. The options were granted with a per share exercise price that is likely below the fair market value of the underlying units at the time of grant and therefore are subject to regulation by Internal Revenue Code Section 409A. The options were modified in December 2009 in a manner that purported to make them comply with Section 409A, but the modification was likely ineffective for technical reasons.
GIGAMON LLC ADVISOR AGREEMENTAdvisor Agreement • March 25th, 2013 • Gigamon LLC • Services-computer processing & data preparation • California
This Advisor Agreement (“Agreement”) is made effective as of February 16, 2013 (the “Effective Date”) by and between Gigamon LLC, a Delaware limited liability, company (the “Company”), and Ted Ho (“Advisor”). The Company desires to retain Advisor as an independent contractor to perform advisory services for the Board of Managers of the Company (the “Board”), and Advisor is willing to perform such services, on terms set forth more fully below. In consideration of the mutual promises contained herein, the parties agree as follows:
Re: Promotion to Chief Executive OfficerGigamon LLC • March 25th, 2013 • Services-computer processing & data preparation
It is with great pleasure that I confirm your promotion to the position of Chief Executive Officer of Gigamon LLC (“Company”) under the terms set forth in this letter agreement (“Agreement”). Your promotion and the terms set forth in this Agreement are effective December 19, 2012.
Distribution AgreementDistribution Agreement • March 25th, 2013 • Gigamon LLC • Services-computer processing & data preparation • California
This Agreement is entered into as of December 28th, 2010, (the “Effective Date”) by and between Gigamon LLC (“Gigamon”), whose address is 598 Gibraltar Drive, Milpitas, CA, 95035 and Interlink Communication Systems (“Distributor”), a Florida corporation with its principal place of business at 640 Brooker Creek Blvd. Suite 465 Oldsmar, FL 34677.
