Amendment No. 3, Consent and Limited Waiver to Loan and Security Agreement (December 17th, 2008)
THIS AMENDMENT NO. 3, CONSENT AND LIMITED WAIVER TO LOAN AND SECURITY AGREEMENT (this Amendment) is entered into this 12th day of December, 2008, by and among SILICON VALLEY BANK, a California banking corporation (Bank), and SUNRISE TELECOM INCORPORATED, a Delaware corporation (Parent), and SUNRISE TELECOM BROADBAND INC., a Georgia corporation (Broadband), (each individually a Borrower and collectively, Borrowers). Capitalized terms used herein without definition shall have the same meanings given them in the Loan Agreement (as defined below).
July 16, 2008 (July 21st, 2008)
This letter confirms the agreement between you and Sunrise Telecom Incorporated, a Delaware corporation, and its affiliated companies (collectively the Company) concerning the terms of your separation and offers you the separation compensation we discussed in exchange for a general release of claims and covenant not to sue.
Amendment No. 1 to Loan and Security Agreement (January 3rd, 2008)
Internal Memorandum (May 3rd, 2006)
Sunrise Telecom's management and Board are pleased to announce the adoption of a retention incentive bonus program to reward long-term employees who remain employed with Sunrise Telecom as the company works its way through its current challenges. To provide an incentive to such employees to continue with the company, Sunrise Telecom is offering certain salaried-exempt employees three separate bonuses payable under the following terms:
Employment Offer Letter (February 11th, 2005)
It is with great pleasure that I extend to you an offer of employment with Sunrise Telecom. This offer letter will confirm the terms and conditions set forth for the position of Chief Financial Officer. Upon acceptance, please sign this letter and return via fax (408-972-2158) at your earliest convenience.
Amended and Restated Terms of Employment (February 11th, 2005)
We welcome you to Sunrise Telecom Incorporated (the "Company"). This letter will confirm the material terms and conditions of your employment with the Company as its Chief Financial Officer, and amends and restates the Company's Employment Offer Letter dated January 27, 2005 and the Company's Employment Offer Letter Supplement dated February 4, 2005. Please sign this letter acknowledging your acceptance of these amended and restated terms and return it to me at your earliest convenience.
Addendum to 2000 Stock Plan Nonstatutory Stock Option Agreement Between Sunrise Telecom Incorporated and Richard Kent (February 11th, 2005)
Date of Option Grant: February 8, 2005 Name of Optionee: Richard Kent Number of Shares Covered by Option: 100,000 Optionee's Social Security Number: Exercise Price per Share: $3.20 Vesting Start Date: February 8, 2006
Employment Offer Letter Supplement (February 11th, 2005)
We look forward to your joining Sunrise Telecom on Monday, February 7. In exchange for your early start date, we will pay you an additional $30,000 sign-on bonus, subject to general verification from your current employer of your compensation arrangements. We recognize that because of the earlier start date, you may need to help your current employer transition some matters to other employees within that organization after you have started work at Sunrise Telecom. We agree to be generally supportive in the near term.