July 7, 2005 PERSONAL AND CONFIDENTIAL VIA FEDEX Mr. Mr. Russell Ingledew President and Chief Financial Officer IPEX, Inc. 9255 Towne Centre Drive, Suite 235 San Diego, California 92121 RE: Agreement between Patient Safety Technologies and Wolfgang...Personal and Confidential • July 7th, 2005 • Patient Safety Technologies, Inc • Orthopedic, prosthetic & surgical appliances & supplies
PERSONAL AND CONFIDENTIAL Mr. Patrick L. Bridges Texas-New Mexico Power Company 4100 International Plaza Fort Worth, Texas 76109 Dear Mr. Bridges: We are pleased to offer you the position of Vice President and Treasurer of Texas-New Mexico Power...Personal and Confidential • March 28th, 2002 • Texas New Mexico Power Co • Electric services
This agreement is effective as of and only upon the closing (the "Closing") as defined in the Agreement and Plan of Merger dated as of May 24, 1999 by an among SW Acquisition, L.P., ST Acquisition Corp. and TNP Enterprises, Inc. The terms and conditions set forth herein shall remain in effect until the third anniversary of the Closing, except as otherwise noted herein, provided you remain employed by the Company through such date. This agreement supersedes all previous agreements relating to your employment with the Company, including, but not limited to, your Texas-New Mexico Power Company Executive Agreement for Severance Upon Change in Control dated as of February 16, 1998 and all such agreements will have no further force and effect.
PERSONAL AND CONFIDENTIAL Arcimoto, Inc Mr. Mark Frohnmayer Eugene, OR 97402 Dear Mark:Personal and Confidential • November 24th, 2020 • Arcimoto Inc • Motorcycles, bicycles & parts • New York
This letter will confirm the understanding and agreement (the “Agreement”) between Bradley Woods & Co. Ltd. (“Broker”) and Arcimoto, Inc. (the “Company”) as follows:
PERSONAL AND CONFIDENTIALPersonal and Confidential • March 6th, 2023 • Unicycive Therapeutics, Inc. • Pharmaceutical preparations • New York
January 7, 2009 PERSONAL AND CONFIDENTIAL To: Jeanne B. FisherPersonal and Confidential • February 5th, 2009 • Amerisourcebergen Corp • Wholesale-drugs, proprietaries & druggists' sundries
This letter is being provided to you because you recently entered into an amended and restated employment agreement with AmerisourceBergen Corporation (the “Company”) dated November 24, 2008 (the “Agreement”). The amendment and restatement of your employment agreement was undertaken principally to ensure that the terms of the agreement are structured to enable you to avoid the adverse tax consequences that would result from a violation of Section 409A of the Internal Revenue Code (“Section 409A”). This letter is intended to clarify and supplement your rights under the Agreement in the event the Company terminates your employment without Cause or you resign your employment with the Company for Good Reason. All capitalized terms used in this letter that are not defined in this letter shall have the meanings ascribed to them in the Agreement.
April 2, 2012Personal and Confidential • April 27th, 2012 • Quiksilver Inc • Men's & boys' furnishgs, work clothg, & allied garments
This letter (“Agreement”) will confirm our understanding and agreement regarding your employment with Quiksilver, Inc. (“Quiksilver” or the “Company”), effective on and after May 11, 2012 (“Commencement Date”). This Agreement completely supersedes and replaces any existing or previous oral or written agreements, discussions or negotiations, express or implied, between you and the Company, regarding the subject matter hereof.
May [●], 2020 PERSONAL AND CONFIDENTIAL [FIRST NAME][LAST NAME] Dear [FIRST NAME],Personal and Confidential • July 30th, 2020 • Valaris PLC • Drilling oil & gas wells
As you know, Valaris plc (together with its subsidiaries, the “Company”) is currently facing a challenging business environment due largely to the recent collapse in oil prices, the dramatic decline in global demand for oil and the economic uncertainties created by world efforts to control the spread of the COVID-19 pandemic. In light of this situation, the Company has made certain changes to your compensation as described in this letter agreement (this “Agreement”). We thank you for your hard work and continuous efforts and are pleased that we are able to offer a revised compensation program during these challenging times.
PERSONAL AND CONFIDENTIAL Vuzix Corporation West Henrietta, NY 14586 Dear Sirs:Personal and Confidential • January 26th, 2018 • Vuzix Corp • Radio & tv broadcasting & communications equipment • New York
This letter will confirm the understanding and agreement (the “Agreement”) between Chardan Capital Markets, LLC (“Broker”) and Vuzix Corporation (the “Company”) as follows:
PERSONAL AND CONFIDENTIALPersonal and Confidential • November 21st, 2006 • Earth Biofuels Inc • Industrial organic chemicals
The purpose of this Letter of Intent is to set forth our mutual understanding in connection with the proposed acquisition, by Earth Biofuels, Inc. (the “Purchaser”), of 50% of the membership interest (the “Membership Interest”) in a newly-created limited liability company (“Newco”) that is currently 100% owned by HPS Development, L.L.C. (“HPS”). upon the terms and conditions set forth herein. This Letter of Intent shall replace in its entirety, the letter of intent dated April 24, 2006.
March 15, 2001Personal and Confidential • March 28th, 2002 • Texas New Mexico Power Co • Electric services
We are pleased to offer you the position of Chief Financial Officer of TNP Enterprises, Inc. ("TNP") under the terms and conditions herein indicated. For purposes of this agreement the term "TNP" shall also include any affiliate or subsidiary of TNP to which you are transferred during the term of this agreement with your consent. In your position of Chief Financial Officer you will have the duties, responsibilities, and Authority normally associated with such position and will report to the Chief Executive Officer of TNP.
December 20, 2016Personal and Confidential • February 2nd, 2017 • InvenSense Inc • Semiconductors & related devices • California
InvenSense, Inc. (the “Company”) has approved the payment of a bonus (a “Retention Bonus”) to you. This letter agreement sets forth the terms and conditions of your Retention Bonus, including the requirements that you must meet in order to receive your Retention Bonus.
June 23, 2004 PERSONAL AND CONFIDENTIAL --------------------------- Capital Resource Funding, Inc. 17115 Kenton Drive Suite 202-A Cornelius, North Carolina 28031 Attn: David R. Koran President Dear David: This letter agreement ("Agreement") confirms...Personal and Confidential • August 16th, 2004 • Capital Resource Funding Inc • Florida
NCN Group Management Limited PERSONAL AND CONFIDENTIAL EMPLOYMENT AGREEMENTPersonal and Confidential • April 2nd, 2007 • Network Cn Inc • Blank checks
We, NCN Group Management Limited (hereinafter referred to as the “COMPANY”), have the pleasure to offer you the above stated position in accordance with the captioned schedule of terms and conditions stated hereunder:
PERSONAL AND CONFIDENTIALPersonal and Confidential • January 16th, 2024 • Clearmind Medicine Inc. • Pharmaceutical preparations • New York
The purpose of this placement agent agreement (“Agreement”) is to outline our agreement pursuant to which Aegis Capital Corp. (“Aegis”) will act as the placement agent on a “best efforts” basis in connection with a proposed registered direct offering and concurrent private placement (the “Placement”) by Clearmind Medicine Inc. (collectively, with its subsidiaries and affiliates, the “Company”) of units consisting of its Common Shares and warrants to purchase its Common Shares (the “Securities”). This Agreement sets forth certain conditions and assumptions upon which the Placement is premised. The Company expressly acknowledges and agrees that Aegis’s obligations hereunder are on a reasonable “best efforts” basis only and that the execution of this Agreement does not constitute a commitment by Aegis to purchase the Securities and does not ensure the successful placement of the Securities or any portion thereof or the success of Aegis with respect to securing any other financing on behal
PERSONAL AND CONFIDENTIAL May 14, 2012 Robert I. Goldstein President and CEO US Nuclear Corp FKA APEX 3 Inc Canoga Park, CA 91303 Dear Mr. Goldstein,Personal and Confidential • February 12th, 2016 • Us Nuclear Corp. • Measuring & controlling devices, nec • California
This agreement (the "Engagement Agreement") will confirm the understanding and agreement between Richard Chiang (the “Consultant”) with principal offices at the address of 75 Broadway Street, Suite 202, San Francisco, CA 94111 and US Nuclear Corp (the “Company”) with its principal offices located at 7051 Eton Avenue, Canoga Park, CA 91303.
PERSONAL AND CONFIDENTIAL Genius Brands International, Inc.Personal and Confidential • January 8th, 2018 • Genius Brands International, Inc. • Services-motion picture & video tape production • New York
August 5, 2011 PERSONAL AND CONFIDENTIAL Mr. Joseph M. Solomon President and Chief Executive Officer Fairmount Bancorp, Inc. Fairmount Bank Baltimore, Maryland 21237 Dear Mr. Solomon:Personal and Confidential • August 12th, 2011 • Fairmount Bancorp, Inc. • Savings institution, federally chartered
This letter agreement (this “Agreement”) hereby amends and restates the letter agreement dated May 20, 2011 by and between Fairmount Bancorp, Inc. (the “Company”) and Stifel, Nicolaus & Company, Inc. (“Stifel Nicolaus”) and is to confirm our understanding of the basis upon which Stifel, Nicolaus & Company, Incorporated (“Stifel Nicolaus”) is being engaged by Fairmount Bancorp, Inc. and Fairmount Bank (on a joint and several basis and collectively with their respective present and future subsidiaries and affiliates and any entities they may form or invest in, the “Company”).
PERSONAL AND CONFIDENTIALPersonal and Confidential • October 16th, 2013 • Rexahn Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
This letter will confirm the understanding and agreement (the “Agreement”) between H.C. Wainwright & Co., LLC (“HCW”) and Rexahn Pharmaceuticals, Inc. (the “Company”) as follows:
Personal and ConfidentialPersonal and Confidential • October 2nd, 2012 • Universal Hospital Services Inc • Services-miscellaneous equipment rental & leasing • Minnesota
This Mutual Termination Agreement and Release (“Agreement and Release”) between Universal Hospital Services, Inc. (hereinafter “UHS”) and you relates to your termination from employment with UHS, resulting from a restructuring and the elimination of your job as part of a reduction in force. Your termination from employment will be effective on October 1, 2012 (“Termination Date”). The purpose of this Agreement and Release is to set forth the terms of your separation from employment with UHS.
Re: Retention BonusPersonal and Confidential • December 10th, 2020 • GTT Communications, Inc. • Telephone communications (no radiotelephone) • Delaware
On behalf of GTT Communications, Inc. (“GTT”, and together with its subsidiaries, the “Company” or “we”), we are pleased to offer you the opportunity to receive a retention bonus as set forth below if you agree to the terms and conditions contained in this letter agreement (this “Agreement”), which will be effective as of the date you execute and return a copy of this Agreement (such date, the “Effective Date”). In order to be eligible for the Retention Bonus you must sign and return this Agreement to GTT by December 10, 2020, agreeing to the terms specified in this Agreement, otherwise the Agreement shall be null and void.
Re: Retention BonusPersonal and Confidential • October 2nd, 2023 • SmileDirectClub, Inc. • Dental equipment & supplies • Tennessee
On behalf of SmileDirectClub, Inc. (the “Company”), I am pleased to offer you the opportunity to receive a cash retention bonus if you agree to the terms and conditions contained in this letter agreement (this “Agreement”), which will be effective as of the date you execute and return a copy of this Agreement (such date, the “Effective Date”). Capitalized terms used but not otherwise defined herein will have the meaning ascribed to such terms in Section 2.
July 1, 2016Personal and Confidential • December 18th, 2017 • AGNC Investment Corp. • Real estate investment trusts
In connection with the Purchase and Sale Agreement, dated as of May 23, 2016, by and among American Capital Asset Management, LLC, American Capital Mortgage Management, LLC (the “Company”), American Capital, Ltd. and American Capital Agency Corp., the Company has approved the payment of two retention bonuses to you. This letter agreement sets forth the terms and conditions of these two retention bonuses, including the requirements that you must meet in order to receive each of them.
December 13, 2017Personal and Confidential • December 15th, 2017 • Vuzix Corp • Radio & tv broadcasting & communications equipment • New York
This letter will confirm the understanding and agreement (the “Agreement”) between Chardan Capital Markets, LLC (“Broker”) and Vuzix Corporation (the “Company”) as follows:
PERSONAL AND CONFIDENTIALPersonal and Confidential • February 20th, 2013 • Staffing 360 Solutions, Inc. • Retail-eating places • New York
This letter agreement confirms our understanding of the engagement of Grandview Capital Partners, Inc. (“Grandview”) by 360 Solutions, Inc.(together with its subsidiaries and affiliates, the “Company”) to act as an advisor to the Company.
NCN Group Management Limited PERSONAL AND CONFIDENTIAL EMPLOYMENT AGREEMENTPersonal and Confidential • April 2nd, 2007 • Network Cn Inc • Blank checks
We, NCN Group Management Limited (hereinafter referred to as the “COMPANY”), have the pleasure to offer you the above stated position in accordance with the captioned schedule of terms and conditions stated hereunder:
January 28, 2015Personal and Confidential • February 3rd, 2015 • Quiksilver Inc • Men's & boys' furnishgs, work clothg, & allied garments
This letter (“Agreement”) will confirm our understanding and agreement regarding your continued employment with Quiksilver, Inc. (“Quiksilver” or the “Company”), effective on and after January 1, 2015 (“Commencement Date”). This Agreement completely supersedes and replaces any existing or previous oral or written employment agreements, express or implied, between you and the Company.
PERSONAL AND CONFIDENTIAL December 13, 2010 Cathay Plastic Limited (BVI) c/o New Capital Management, Ltd. 14/F, St. John’s Bldg. Central, Hong Kong Ladies and Gentlemen:Personal and Confidential • February 15th, 2011 • New China Capital Management, LP • Blank checks
This letter agreement references ordinary shares of GSME Acquisition Partners I (the “Company”) acquired by Cathay (as defined below) pursuant to that certain Amended and Restated Agreement and Plan of Reorganization, as amended (the “Merger Agreement”), dated as of September 13, 2010, by and among GSME Acquisition Partners I Sub Limited, Plastec International Holdings Limited (“Plastec”), Sun Yip Industrial Company Limited (BVI), Tiger Power Industries Limited (BVI), Expert Rank Limited (BVI), Fine Colour Limited (BVI), Cathay Plastic Limited (BVI) (“Cathay”), Greatest Sino Holdings Limited (BVI), Colourful Asia International Limited (BVI) and Top Universe Management Limited (BVI) pursuant to which Plastec will become a wholly-owned subsidiary of the Company. Capitalized terms used but not defined herein shall have the meaning assigned to them in the Merger Agreement.
February 8, 2021 PERSONAL AND CONFIDENTIAL Denton Peng Chairman & CEO SPI Energy Co., LtdPersonal and Confidential • February 11th, 2021 • SPI Energy Co., Ltd. • Semiconductors & related devices • New York
PERSONAL AND CONFIDENTIAL Dr. Cadmus Rich Re: Resignation and Consulting Agreement Dear Dr. Rich:Personal and Confidential • November 9th, 2023 • Aura Biosciences, Inc. • Biological products, (no disgnostic substances) • Massachusetts
This letter confirms your resignation from your employment with Aura Biosciences, Inc. (the “Company”) effective on November 7, 2023 (the “Resignation Date”). The Company is also offering you the opportunity to enter into a consulting relationship with the Company following the Resignation Date. The terms of the consulting engagement, should you accept this offer, are set forth below (the “Consulting Agreement”).
December 1, 2016Personal and Confidential • February 21st, 2017 • DDR Corp • Real estate investment trusts • Ohio
In recognition of your continued service to DDR Corp. ( “Company”), the Company hereby provides to you an opportunity to earn a one-time, special bonus award (the “Bonus”) if you meet certain requirements. This letter agreement (“Bonus Letter”) sets forth the terms and conditions of your Bonus opportunity, including the requirements that you must meet to receive any Bonus payout. You must sign and return the enclosed copy of this Bonus Letter within seven (7) days of the date of this Bonus Letter to be eligible for the Bonus.
NCN Group Management Limited PERSONAL AND CONFIDENTIAL EMPLOYMENT AGREEMENTPersonal and Confidential • August 10th, 2009 • Network Cn Inc • Services-advertising
This Agreement supersedes all previous agreements, promises, representations, understandings and negotiations between the parties, whether written or oral, with respect to the subject matter hereof.
NOBLE INTERNATIONAL INVESTMENTS, INC.Personal and Confidential • May 21st, 2007 • Power 3 Medical Products Inc • Services-commercial physical & biological research • New York
This letter agreement (Agreement) confirms the terms and conditions of the exclusive engagement of Noble International Investments, Inc. (Noble) by Power 3 Medical Products, Inc. (the Company) to render certain financial advisory and investment banking services to the Company in connection with the Company’s review of its strategic and financial alternatives including, but not limited to, a possible Transaction, Alternative Transaction or Financing, as defined below.
PERSONAL AND CONFIDENTIALPersonal and Confidential • January 31st, 2023 • Mobiv Acquisition Corp • Blank checks
This Amendment No. 1, dated January 27, 2023, amends that certain Underwriting Agreement, dated August 3, 2022 (the “UA”), by and between EF Hutton, division of Benchmark Investments, Inc. (“EF Hutton” or the “Representative”) and Mobiv Acquisition Corp., a company incorporated under the laws of the State of Delaware (the “Company” and, together with the Representative, the “Parties”). Capitalized terms used herein and not otherwise defined herein have the meanings ascribed to them in the U.
PERSONAL AND CONFIDENTIALPersonal and Confidential • February 24th, 2021 • Cyclacel Pharmaceuticals, Inc. • Pharmaceutical preparations • New Jersey
The purpose of this letter agreement (the “Agreement”) is to confirm the terms of your retirement from Cyclacel Pharmaceuticals, Inc. (“Cyclacel” or the “Company”). As more fully set forth below, in recognition and appreciation of your dedicated service and contribution to Cyclacel, the Company desires to provide you with separation benefits in exchange for certain agreements by you. This Agreement shall become effective on the 8th day following your acceptance of it as provided below (the “Effective Date”).
LifeWatch Holding Corporation PERSONAL AND CONFIDENTIALPersonal and Confidential • February 1st, 2007 • LifeWatch Corp. • Services-misc health & allied services, nec • Illinois
