Horizon Medical Products Inc – HORIZON MEDICAL PRODUCTS, INC. AMENDMENT NO. 1 TO AMENDED AND RESTATED SECURITYHOLDERS AGREEMENT (May 14th, 2004)
Horizon Medical Products Inc – Exhibit 10.59 SEPARATION AGREEMENT This Separation Agreement ("Agreement") is entered into between Horizon Medical Products, Inc., its affiliates and subsidiaries (collectively, the "Company"), on the one hand, and Marshall B. Hunt ("Employee"), on the other hand. W I T N E S S E T H: WHEREAS, Employee is employed by the Company as Chairman of the Board of Directors and as Chief Executive Officer pursuant to their Employment Agreement of March 16, 2002, as amended on November 15, 2002 and October 21, 2003; WHEREAS, Employee will resign from the Company effective January 16, 2004 (the "Terminat (March 30th, 2004)
Horizon Medical Products Inc – AMENDMENT NO. 1 TO (November 12th, 2003)
Horizon Medical Products Inc – RECITALS (November 12th, 2003)
Horizon Medical Products Inc – EXHIBIT 10.3 AMENDMENT TO EMPLOYMENT AGREEMENT THIS AMENDMENT TO EMPLOYMENT AGREEMENT ("Amendment") is made and entered into as of October 21, 2003, by and between Marshall B. Hunt, an individual resident of the State of Florida ("Employee"), and Horizon Medical Products, Inc., a Georgia corporation ("Employer"); W I T N E S S E T H: WHEREAS, Employee and Employer entered into that certain Employment Agreement dated March 16, 2002, as amended by Amendment to Employment Agreement dated November 15, 2002 (collectively, the "Employment Agreement"), and desire to amend the Employment Agreement in (November 12th, 2003)
Horizon Medical Products Inc – EXHIBIT 10.5 HORIZON MEDICAL PRODUCTS, INC. MARSHALL B. HUNT STOCK OPTION AGREEMENT OCTOBER 21, 2003 THIS STOCK OPTION AGREEMENT ("Agreement") evidences that, subject to the following terms and conditions, on October 21, 2003 (the "Grant Date"), Horizon Medical Products, Inc., a Georgia corporation (the "Company"), granted to Marshall B. Hunt (the "Optionee") a stock option (the "Option") for the purchase of five hundred thousand (500,000) shares of the Company's common stock (the "Stock"), at an option price of ninety-one cents ($0.91) per share (the "Option Price"), which is the closing pric (November 12th, 2003)
Horizon Medical Products Inc – RECITALS (November 12th, 2003)
Horizon Medical Products Inc – RECITALS (August 14th, 2003)
Horizon Medical Products Inc – EXHIBIT 10.4 AMENDMENT TO EMPLOYMENT AGREEMENT THIS AMENDMENT TO EMPLOYMENT AGREEMENT ("Amendment") is made and entered into as of June 21, 2003 by and between Robert R. Singer, an individual resident of the State of Georgia ("Employee"), and Horizon Medical Products, Inc., a Georgia corporation (the "Employer"); W I T N E S S E T H: WHEREAS, Employee and Employer entered into that certain Employment Agreement dated June 21, 2001 (the "Employment Agreement"), and desire to amend the Employment Agreement in the manner hereinafter provided; NOW, THEREFORE, in consideration of the premises and th (August 14th, 2003)
Horizon Medical Products Inc – EXHIBIT 10.3 AMENDMENT TO EMPLOYMENT AGREEMENT THIS AMENDMENT TO EMPLOYMENT AGREEMENT ("Amendment") is made and entered into as of June 17, 2003 by and between William E. Peterson, Jr., an individual resident of the State of Georgia ("Employee"), and Horizon Medical Products, Inc., a Georgia corporation (the "Employer"); W I T N E S S E T H: WHEREAS, Employee and Employer entered into that certain Employment Agreement dated March 16, 2002, as amended by Amendment to Employment Agreement dated September 16, 2002, and by Amendment to Employment Agreement dated March 7, 2003 (together, the "Emplo (August 14th, 2003)
Horizon Medical Products Inc – WITNESSETH: (March 28th, 2003)
Horizon Medical Products Inc – EXHIBIT 10.46 HORIZON MEDICAL PRODUCTS, INC. MARSHALL B. HUNT NON-QUALIFIED STOCK OPTION AGREEMENT FEBRUARY 25, 2003 THIS NON-QUALIFIED STOCK OPTION AGREEMENT ("Agreement") evidences that, subject to the following terms and conditions, on February 25, 2003 (the "Grant Date"), Horizon Medical Products, Inc., a Georgia corporation (the "Company"), granted to Marshall B. Hunt (the "Optionee") a non-qualified stock option (the "Option") for the purchase of five hundred thousand (500,000) shares of the Company's common stock (the "Stock"), at an option price of seventy-five cents ($0.75) per share (March 28th, 2003)
Horizon Medical Products Inc – WITNESSETH: (March 28th, 2003)
Horizon Medical Products Inc – WITNESSETH: (March 28th, 2003)
Horizon Medical Products Inc – Exhibit 10.43 AMENDMENT TO NON-QUALIFIED STOCK OPTION AGREEMENT THIS AMENDMENT to Non-Qualified Stock Option Agreement ("Amendment") is made and entered into as of November 15, 2002 by and between Marshall B. Hunt (the "Optionee") and Horizon Medical Products, Inc. (the "Company"); WHEREAS, Optionee and Company entered into that certain Non-Qualified Stock Option Agreement dated March 15, 2002 (the "Option Agreement") and desire to amend the Option Agreement in the manner hereinafter provided; NOW, THEREFORE, in consideration of the premises and the mutual promises and agreements contained her (March 28th, 2003)
Horizon Medical Products Inc – EXHIBIT 10.1 AMENDMENT TO EMPLOYMENT AGREEMENT THIS AMENDMENT TO EMPLOYMENT AGREEMENT ("Amendment") is made and entered into as of September 16, 2002 by and between William E. Peterson, Jr., an individual resident of the State of Georgia ("Employee"), and Horizon Medical Products, Inc., a Georgia corporation (the "Employer"); W I T N E S S E T H: WHEREAS, Employee and Employer entered into that certain Employment Agreement dated March 16, 2002 (the "Employment Agreement") and desire to amend the Employment Agreement in the manner hereinafter provided; NOW, THEREFORE, in consideration of the pr (November 14th, 2002)
Horizon Medical Products Inc – WITNESSETH: (August 14th, 2002)
Horizon Medical Products Inc – AMENDMENT NO. 1 TO NOTE PURCHASE AGREEMENT This Amendment ("Amendment"), dated as of June 10, 2002, amends that certain Note Purchase Agreement (the "Agreement"), dated as of March 1, 2002, by and among Horizon Medical Products, Inc. a Georgia corporation (the "Company"), ComVest Venture Partners, L.P., a Delaware limited partnership (together with its successors and assigns, the "Purchaser"), and the Additional Note Purchasers (as defined in the Agreement). Capitalized terms used in this Amendment but not defined in the Amendment have the meanings given to such terms in the Agreement. WHEREAS (August 14th, 2002)
Horizon Medical Products Inc – AMENDMENT NO. 2 TO NOTE PURCHASE AGREEMENT This Amendment No. 2 (the "Amendment"), dated as of July 29, 2002, amends that certain Note Purchase Agreement, dated as of March 1, 2002, by and among Horizon Medical Products, Inc. a Georgia corporation (the "Company"), ComVest Venture Partners, L.P., a Delaware limited partnership (together with its successors and assigns, the "Purchaser"), and the Additional Note Purchasers (as defined in the Agreement), as amended by Amendment No. 1 to Note Purchase Agreement, dated as of June 10, 2002 (as amended, the "Agreement"). Capitalized terms used in this (August 14th, 2002)
Horizon Medical Products Inc – EXHIBIT 10.72 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT ("Agreement") is made and entered into as of May, 8, 2002, by and between Robert J. Wenzel, an individual resident of the State of Minnesota ("Employee"), and Horizon Medical Products, Inc., a Georgia corporation ("Employer"); W I T N E S S E T H: WHEREAS, Employer desires to employ Employee and Employee desires to be employed by Employer, on the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the premises and the mutual promises and agreements contained herein, the parties hereto, intending to be lega (June 14th, 2002)
Horizon Medical Products Inc – RECITALS (April 16th, 2002)
Horizon Medical Products Inc – RECITALS (April 16th, 2002)
Horizon Medical Products Inc – WITNESSETH: (April 16th, 2002)
Horizon Medical Products Inc – EXHIBIT 10.65 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT ("Agreement") is made and entered into as of March 16, 2002, by and between Marshall B. Hunt, an individual resident of the State of Florida ("Employee"), and Horizon Medical Products, Inc., a Georgia corporation (the "Employer"). W I T N E S S E T H: WHEREAS, Employee and Employer desire to enter into a new Employment Agreement that replaces and supersedes in its entirety the Employment Agreement dated April 3, 1998 between Employee and Employer, as amended; NOW, THEREFORE, in consideration of the premises and the mutual promises an (April 16th, 2002)
Horizon Medical Products Inc – EXHIBIT 10.67 HORIZON MEDICAL PRODUCTS, INC. MARSHALL B. HUNT NON-QUALIFIED STOCK OPTION AGREEMENT (April 16th, 2002)
Horizon Medical Products Inc – EXHIBIT 10.66 HORIZON MEDICAL PRODUCTS, INC. MARSHALL B. HUNT NON-QUALIFIED STOCK OPTION AGREEMENT MARCH 15, 2002 THIS NON-QUALIFIED STOCK OPTION AGREEMENT ("Agreement") evidences that, subject to the following terms and conditions, on March 15, 2002 (the "Grant Date"), Horizon Medical Products, Inc., a Georgia corporation, (the "Company") granted to Marshall B. Hunt (the "Optionee") a non-qualified stock option (the "Option") for the purchase of one million (1,000,000) shares of the Company's common stock (the "Stock"), at an option price of forty-five cents ($.45) per share (the "Option Pric (April 16th, 2002)
Horizon Medical Products Inc – EXHIBIT 10.6 AMENDMENT TO EMPLOYMENT AGREEMENT THIS AMENDMENT TO EMPLOYMENT AGREEMENT made and entered into this September 24, 2001, by and between HORIZON MEDICAL PRODUCTS, INC., a Georgia corporation ("Employer"), and WILLIAM E. PETERSON, JR. ("Employee"); WHEREAS, Employer and Employee entered into that certain Employment Agreement dated April 3, 1998, as amended by Amendment to Employment Agreement dated June 29, 1999 ("Employment Agreement"), and the parties desire to amend the Employment Agreement in the manner set forth below; NOW, THEREFORE, in consideration of the premises and the mut (November 14th, 2001)
Horizon Medical Products Inc – EXHIBIT 10.1 SECOND AMENDMENT TO FORBEARANCE AGREEMENT THIS SECOND AMENDMENT TO FORBEARANCE AGREEMENT (the "Amendment") made and entered into as of the 15th day of October, 2001 (the "Effective Date"), by and among HORIZON MEDICAL PRODUCTS, INC., a Georgia corporation (the "Borrower"), HORIZON ACQUISITION CORP., STRATO/INFUSAID, INC. and STEPIC CORPORATION (collectively "Guarantors") the Lender signatory to the Credit Agreement referred to below (the "Lender"), and BANK OF AMERICA, N.A., successor to BANC OF AMERICA COMMERCIAL FINANCE CORPORATION, formerly known as NationsCredit Commercial Cor (November 14th, 2001)
Horizon Medical Products Inc – EXHIBIT 10.9 SECURITIES PLEDGE AGREEMENT THIS SECURITIES PLEDGE AGREEMENT is dated this 26th day of October, 2001, by and between MARSHALL B. HUNT (the "Pledgor") and BANK OF AMERICA, N.A. (the "Pledgee"). W I T N E S S E T H: WHEREAS, Pledgor executed that certain Pledge Agreement dated June 6, 2000 between Pledgor, as pledgor and HORIZON MEDICAL PRODUCTS, INC. (the "Borrower") as pledgee covering the Pledged Securities to secure a Promissory Note dated June 6, 2000 in the amount of $900,000; WHEREAS, Borrower has previously assigned the Pledged Securities to Pledgee pursuant to a Pledge and (November 14th, 2001)
Horizon Medical Products Inc – EXHIBIT 10.5 AMENDMENT TO EMPLOYMENT AGREEMENT THIS AMENDMENT TO EMPLOYMENT AGREEMENT made and entered into as of October 23, 2001, by and between HORIZON MEDICAL PRODUCTS, INC., a Georgia corporation ("Employer"), and MARSHALL B. HUNT ("Employee"); WHEREAS, Employer and Employee entered into that certain Employment Agreement dated April 3, 1998, as amended by Amendment to Employment Agreement dated June 29, 1999, and by Amendment to Employment Agreement dated September 24, 2001 (collectively the "Employment Agreement"), and the parties desire to amend the Employment Agreement in the manner se (November 14th, 2001)
Horizon Medical Products Inc – EXHIBIT 10.4 AMENDMENT TO EMPLOYMENT AGREEMENT THIS AMENDMENT TO EMPLOYMENT AGREEMENT made and entered into this September 24, 2001, by and between HORIZON MEDICAL PRODUCTS, INC., a Georgia corporation ("Employer"), and MARSHALL B. HUNT ("Employee"); WHEREAS, Employer and Employee entered into that certain Employment Agreement dated April 3, 1998, as amended by Amendment to Employment Agreement dated June 29, 1999 ("Employment Agreement"), and the parties desire to amend the Employment Agreement in the manner set forth below; NOW, THEREFORE, in consideration of the premises and the mutual prom (November 14th, 2001)
Horizon Medical Products Inc – EXHIBIT 10.2 AMENDMENT TO PROMISSORY NOTES THIS AMENDMENT, made and entered into as of September 24, 2001, by and between Horizon Medical Products, Inc., a Georgia corporation ("HMP"), and Marshall B. Hunt ("Hunt"); WHEREAS, there is presently outstanding a Promissory Note dated September 28, 1995 in the principal amount of Seventy-Seven Thousand Six Hundred Twelve and 43/100 Dollars ($77,612.43) with accrued and unpaid interest thereon (the "September 1995 Note") that is payable by Hunt to HMP; and WHEREAS, there is presently outstanding a Promissory Note dated October 12, 1995 in the princip (November 14th, 2001)
Horizon Medical Products Inc – RECITALS: (April 16th, 2001)
Horizon Medical Products Inc – 1 EXHIBIT 10.2 FOURTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT THIS FOURTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT AND WAIVER made and entered into as of June 6, 2000, by and among HORIZON MEDICAL PRODUCTS, INC., a Georgia corporation (the "COMPANY"), the Lenders signatory to the Credit Agreement referred to below (the "LENDERS"), and BANC OF AMERICA COMMERCIAL FINANCE CORPORATION, formerly known as NationsCredit Commercial Corporation, as Agent for the Lenders (the "AGENT"). STATEMENT OF FACTS A. The Company, the Lenders and the Agent are parties to the Amended and Restat (August 18th, 2000)
Horizon Medical Products Inc – WITNESSETH: (August 14th, 2000)