Re: Change in Control Letter Agreement (January 23rd, 2006)
BakBone Software, Inc. (the Company) desires, for its continued success, to have the benefit of experienced management personnel. The Board of Directors of the Company therefore believes that it is in the best interests of the organization that, in the event of any prospective Change in Control (as hereinafter defined) of the Company, you be reasonably secure in your employment and position with the Company. In addition, in the event of a Change in Control, the Board of Directors also wants to enable you to exercise independent judgment as to the best interests of the Company and its stockholders without the distraction of any personal uncertainties or risks regarding your continued employment with the Company. In consideration of the foregoing, we are offering you the additional benefits outlined below:
Subscription for Common Shares (June 30th, 2004)
The undersigned (the Subscriber) hereby irrevocably subscribes for and agrees to purchase the number of common shares (Common Shares) of the Corporation set forth below at a subscription price of Cdn $0.88 per Common Share, upon and subject to the terms and conditions set forth in Terms and Conditions of Subscription for Common Shares of Bakbone Software Incorporated attached hereto (the Subscription Agreement).