Amended And Restated Retention Agreement Sample Contracts

Docusign Inc – Docusign, Inc. Amended and Restated Retention Agreement (April 17th, 2018)

This Amended and Restated Retention Agreement (the Agreement) is effective as of March 30, 2018, by and between Reginald Davis (Executive) and DocuSign, Inc., a Delaware corporation (the Company), and amends and restates the prior Retention Agreement between Executive and the Company dated September 10, 2016.

Docusign Inc – Docusign, Inc. Amended and Restated Retention Agreement (April 17th, 2018)

This Amended and Restated Retention Agreement (the Agreement) is effective as of March 30, 2018, by and between Neil Hudspith (Executive) and DocuSign, Inc., a Delaware corporation (the Company), and amends and restates the prior Retention Agreement between Executive and the Company dated September 14, 2016.

Sphere 3D Corp – Amended and Restated Retention Agreement (March 21st, 2018)

This Amended and Restated Retention Agreement (this "Agreement") is entered into as of December 18, 2017 between Sphere 3D Corp., a corporation incorporated under the laws of the Province of Ontario (the "Company"), and Eric Kelly ("Employee"). This Agreement amends and restates in its entirety the Retention Agreement between Employee and Overland Storage, Inc., a California corporation, dated June 24, 2009 (the "Prior Agreement").

Ply Gem Holdings Inc. – Re: Renewal of Amended and Restated Retention Agreement (March 5th, 2018)

This letter is to serve as your notification that Ply Gem Industries, Inc. has elected to execute its Renewal Term right under your current Amended and Restated Retention Agreement dated December 31, 2008 for a period of one year. As such, all applicable rights and terms as outlined in your Amended and Restated Retention Agreement will remain in effect through December 31, 2018.

Ply Gem Holdings Inc. – Re: Renewal of Amended and Restated Retention Agreement (March 5th, 2018)

This letter is to serve as your notification that Ply Gem Industries, Inc. has elected to execute its Renewal Term right under your current Amended and Restated Retention Agreement dated November 7, 2008 for a period of one year. As such, all applicable rights and terms as outlined in your Amended and Restated Retention Agreement will remain in effect through December 31, 2018.

Ply Gem Holdings Inc. – Re: Renewal of Amended and Restated Retention Agreement (March 5th, 2018)

This letter is to serve as your notification that Ply Gem Industries, Inc. has elected to execute its Renewal Term right under your current Amended and Restated Retention Agreement dated December 31, 2008 for a period of one year. As such, all applicable rights and terms as outlined in your Amended and Restated Retention Agreement will remain in effect through December 31, 2018.

Ply Gem Holdings Inc. – Re: Renewal of Amended and Restated Retention Agreement (March 5th, 2018)

This letter is to serve as your notification that Ply Gem Industries, Inc. has elected to execute its Renewal Term right under your current Amended and Restated Retention Agreement dated December 31, 2008 for a period of one year. As such, all applicable rights and terms as outlined in your Amended and Restated Retention Agreement will remain in effect through December 31, 2018.

Ply Gem Holdings Inc. – Re: Renewal of Amended and Restated Retention Agreement (March 10th, 2017)

This letter is to serve as your notification that Ply Gem Industries, Inc. has elected to execute its Renewal Term right under your current Amended and Restated Retention Agreement dated December 31, 2008 for a period of one year. As such, all applicable rights and terms as outlined in your Amended and Restated Retention Agreement will remain in effect through December 31, 2017.

Ply Gem Holdings Inc. – Re: Renewal of Amended and Restated Retention Agreement (March 10th, 2017)

This letter is to serve as your notification that Ply Gem Industries, Inc. has elected to execute its Renewal Term right under your current Amended and Restated Retention Agreement dated December 31, 2008 for a period of one year. As such, all applicable rights and terms as outlined in your Amended and Restated Retention Agreement will remain in effect through December 31, 2017.

Ply Gem Holdings Inc. – Re: Renewal of Amended and Restated Retention Agreement (March 10th, 2017)

This letter is to serve as your notification that Ply Gem Industries, Inc. has elected to execute its Renewal Term right under your current Amended and Restated Retention Agreement dated December 31, 2008 for a period of one year. As such, all applicable rights and terms as outlined in your Amended and Restated Retention Agreement will remain in effect through December 31, 2017.

Ply Gem Holdings Inc. – Re: Renewal of Amended and Restated Retention Agreement (March 10th, 2017)

This letter is to serve as your notification that Ply Gem Industries, Inc. has elected to execute its Renewal Term right under your current Amended and Restated Retention Agreement dated November 7, 2008 for a period of one year. As such, all applicable rights and terms as outlined in your Amended and Restated Retention Agreement will remain in effect through December 31, 2017.

Amended and Restated Retention Agreement (February 17th, 2017)

This Amended and Restated Retention Agreement (the "Agreement") is entered into as of [__________], 2017, by and between [Executive] (the "Executive") and Shutterfly, Inc., a Delaware corporation (the "Company"). This Agreement shall be effective as of (i) January 1, 2018 with respect to any Qualifying Termination (the "Qualifying Termination Effective Date") and (ii) [________], 2017 with respect to any CIC Qualifying Termination (the "CIC Qualifying Termination Effective Date"). For the avoidance of doubt, the Retention Agreement dated [_________], 2016 by and between the Company and the Executive (the "Existing Retention Agreement") shall remain in full force and effect until the Qualifying Termination Effective Date (subject to earlier termination thereof in accordance with the terms of and conditions of the Existing Retention Agreement).

Buy-Out AGREEMENT (October 1st, 2015)

THIS BUY-OUT AGREEMENT, dated as of September 30, 2015 (this "Agreement"), is entered into by and between ICU Medical, Inc., a Delaware corporation ("Employer"), and George A. Lopez, M.D. ("Employee"). Employer and Employee are sometimes referred to herein as the "Parties".

EXCO Resources, Inc. – Exco Resources, Inc. Amended and Restated Retention Agreement (May 20th, 2015)

This Amended and Restated Retention Agreement (this Agreement) is entered into effective as of May 14, 2015 (the Effective Date), by and between EXCO Resources, Inc., a Texas corporation (EXCO), and Richard A. Burnett (Executive). This Agreement amends, restates, and replaces that certain EXCO Resources, Inc. Retention Agreement by and between EXCO and Executive dated September 1, 2014 (the Prior Agreement) in its entirety.

EXCO Resources, Inc. – Exco Resources, Inc. Amended and Restated Retention Agreement (May 20th, 2015)

This Amended and Restated Retention Agreement (this Agreement) is entered into effective as of May 14, 2015 (the Effective Date), by and between EXCO Resources, Inc., a Texas corporation (EXCO), and Harold L. Hickey (Executive). This Agreement amends, restates, and replaces that certain EXCO Resources, Inc. Bonus and Retention Agreement by and between EXCO and Executive dated January 17, 2014 (the Prior Agreement) in its entirety.

EXCO Resources, Inc. – Exco Resources, Inc. Amended and Restated Retention Agreement (May 20th, 2015)

This Amended and Restated Retention Agreement (this Agreement) is entered into effective as of May 14, 2015 (the Effective Date), by and between EXCO Resources, Inc., a Texas corporation (EXCO), and William L. Boeing (Executive). This Agreement amends, restates, and replaces that certain EXCO Resources, Inc. Bonus and Retention Agreement by and between EXCO and Executive dated January 17, 2014 (the Prior Agreement) in its entirety.

Ply Gem Holdings Inc. – Re: Renewal of Amended and Restated Retention Agreement (March 13th, 2015)

This letter is to serve as your notification that Ply Gem Industries, Inc. has elected to execute its Renewal Term right under your current Amended and Restated Retention Agreement dated November 7, 2008 for a period of one year. As such, all applicable rights and terms as outlined in your Amended and Restated Retention Agreement will remain in effect through December 31, 2015.

Ply Gem Holdings Inc. – Re: Renewal of Amended and Restated Retention Agreement (March 13th, 2015)

This letter is to serve as your notification that Ply Gem Industries, Inc. has elected to execute its Renewal Term right under your current Amended and Restated Retention Agreement dated December 31, 2008 for a period of one year. As such, all applicable rights and terms as outlined in your Amended and Restated Retention Agreement will remain in effect through December 31, 2015.

Ply Gem Holdings Inc. – Re: Renewal of Amended and Restated Retention Agreement (March 13th, 2015)

This letter is to serve as your notification that Ply Gem Industries, Inc. has elected to execute its Renewal Term right under your current Amended and Restated Retention Agreement dated December 31, 2008 for a period of one year. As such, all applicable rights and terms as outlined in your Amended and Restated Retention Agreement will remain in effect through December 31, 2015.

Ply Gem Holdings Inc. – Re: Renewal of Amended and Restated Retention Agreement (March 13th, 2015)

This letter is to serve as your notification that Ply Gem Industries, Inc. has elected to execute its Renewal Term right under your current Amended and Restated Retention Agreement dated December 31, 2008 for a period of one year. As such, all applicable rights and terms as outlined in your Amended and Restated Retention Agreement will remain in effect through December 31, 2015.

2013 Amended and Restated Retention Agreement (November 10th, 2014)

This AMENDED AND RESTATED RETENTION AGREEMENT is entered into as of this 21st day of October, 2013, by and between ICU MEDICAL, INC., a Delaware corporation (the "Company") and George A. Lopez (the "Employee"), and supersedes in their entirety the RETENTION AGREEMENT entered into by the Company and the Employee as of January 29, 2010 and the AMENDED AND RESTATED RETENTION AGREEMENT entered into by the Company and the Employee as of November 3, 2010.

AMENDED AND RESTATED RETENTION AGREEMENT Between Bank of Hawaii and Wayne Y. Hamano Dated July, 1, 2013 (July 2nd, 2013)

THIS AMENDED AND RESTATED RETENTION AGREEMENT ("Restatement") is made and entered into effective on July 1, 2013 ("Effective Date") by and between Bank of Hawaii Corporation and Bank of Hawaii (collectively "the Bank") and Wayne Y. Hamano ("you" or "your"), and as approved by the Human Resources & Compensation Committee of the Bank's Board of Directors (the "Compensation Committee").

AMENDED AND RESTATED RETENTION AGREEMENT Between Bank of Hawaii and Kent T. Lucien Dated July 1, 2013 (July 2nd, 2013)

THIS AMENDED AND RESTATED RETENTION AGREEMENT ("Restatement") is made and entered into effective on July 1, 2013 ("Effective Date") by and between Bank of Hawaii Corporation and Bank of Hawaii (collectively "the Bank") and Kent T. Lucien ("you" or "your"), and as approved by the Human Resources & Compensation Committee of the Bank's Board of Directors (the "Compensation Committee").

Ply Gem Holdings Inc. – Re: Renewal of Amended and Restated Retention Agreement (March 15th, 2013)

This letter is to serve as your notification that Ply Gem Industries, Inc. has elected to execute its Renewal Term right under your current Amended and Restated Retention Agreement dated December 31, 2008 for a period of one year. As such, all applicable rights and terms as outlined in your Amended and Restated Retention Agreement will remain in effect through December 31, 2013.

Ply Gem Holdings Inc. – Re: Renewal of Amended and Restated Retention Agreement (March 15th, 2013)

This letter is to serve as your notification that Ply Gem Industries, Inc. has elected to execute its Renewal Term right under your current Amended and Restated Retention Agreement dated December 31, 2008 for a period of one year. As such, all applicable rights and terms as outlined in your Amended and Restated Retention Agreement will remain in effect through December 31, 2012.

Ply Gem Holdings Inc. – Re: Renewal of Amended and Restated Retention Agreement (March 15th, 2013)

This letter is to serve as your notification that Ply Gem Industries, Inc. has elected to execute its Renewal Term right under your current Amended and Restated Retention Agreement dated December 31, 2008 for a period of one year. As such, all applicable rights and terms as outlined in your Amended and Restated Retention Agreement will remain in effect through December 31, 2013.

Ply Gem Holdings Inc. – Re: Renewal of Amended and Restated Retention Agreement (March 15th, 2013)

This letter is to serve as your notification that Ply Gem Industries, Inc. has elected to execute its Renewal Term right under your current Amended and Restated Retention Agreement dated December 31, 2008 for a period of one year. As such, all applicable rights and terms as outlined in your Amended and Restated Retention Agreement will remain in effect through December 31, 2013.

Ply Gem Holdings Inc. – Re: Renewal of Amended and Restated Retention Agreement (March 15th, 2013)

This letter is to serve as your notification that Ply Gem Industries, Inc. has elected to execute its Renewal Term right under your current Amended and Restated Retention Agreement dated December 31, 2008 for a period of one year. As such, all applicable rights and terms as outlined in your Amended and Restated Retention Agreement will remain in effect through December 31, 2013.

Ply Gem Holdings Inc. – December 13, 2010 Lynn Morstad 5973 Sugar Loaf Mtn. Road Roanoke, VA 24018 Re: Renewal of Amended and Restated Retention Agreement Dear Lynn: (March 21st, 2011)

This letter is to serve as your notification that Ply Gem Industries, Inc. ("Ply Gem") has elected to execute its Renewal Term right under your current Amended and Restated Retention Agreement dated December 31, 2008 for a period of one year. As such, all applicable rights and terms as outlined in your Amended and Restated Retention Agreement will remain in effect through December 31, 2011.

Ply Gem Holdings Inc. – December 13, 2010 John C. Wayne 1235 West 61st Street Kansas City, MO 64113 Re: Renewal of Amended and Restated Retention Agreement Dear John: (March 21st, 2011)

This letter is to serve as your notification that Ply Gem Industries, Inc. ("Ply Gem") has elected to execute its Renewal Term right under your current Amended and Restated Retention Agreement dated December 31, 2008 for a period of one year. As such, all applicable rights and terms as outlined in your Amended and Restated Retention Agreement will remain in effect through December 31, 2011.

Ply Gem Holdings Inc. – December 13, 2010 Keith Pigues 1409 Silvering Way Raleigh, NC 27613 Re: Renewal of Amended and Restated Retention Agreement Dear Keith: (March 21st, 2011)

This letter is to serve as your notification that Ply Gem Industries, Inc. ("Ply Gem") has elected to execute its Renewal Term right under your current Amended and Restated Retention Agreement dated December 31, 2008 for a period of one year. As such, all applicable rights and terms as outlined in your Amended and Restated Retention Agreement will remain in effect through December 31, 2011.

Amended and Restated Retention Agreement (November 5th, 2010)

This AMENDED AND RESTATED RETENTION AGREEMENT is entered into as of this 3rd day of November, 2010, by and between ICU MEDICAL, INC., a Delaware corporation (the "Company") and George A. Lopez, Chief Executive Officer and Chairman of the Board (the "CEO"), and supersedes in its entirety the RETENTION AGREEMENT entered into by the Company and the CEO as of January 29, 2010.

TOYS R US, INC. Amendment No. 3 to the Amended and Restated Retention Agreement With Deborah M. Derby (March 24th, 2010)

This Amendment No. 3 to the Amended and Restated Retention Agreement dated as of November 1, 2004, as previously amended on February 11, 2005 and July 21, 2005 (collectively, the Agreement) between Toys R Us, Inc. (the Company) and Deborah M. Derby (Executive) is made this 24th day of December 2008.

Ply Gem Holdings Inc. – Re: Renewal of Amended and Restated Retention Agreement (March 19th, 2010)

This letter is to serve as your notification that Ply Gem Industries, Inc. ("Ply Gem") has elected to execute its Renewal Term right under your current Amended and Restated Retention Agreement dated December 31, 2008 for a period of one year. As such, all applicable rights and terms as outlined in your Amended and Restated Retention Agreement will remain in effect through December 31, 2010.

Ply Gem Holdings Inc. – Re: Renewal of Amended and Restated Retention Agreement (March 19th, 2010)

This letter is to serve as your notification that Ply Gem Industries, Inc. ("Ply Gem") has elected to execute its Renewal Term right under your current Amended and Restated Retention Agreement dated December 31, 2008 for a period of one year. As such, all applicable rights and terms as outlined in your Amended and Restated Retention Agreement will remain in effect through December 31, 2010.