Incentive Acceptance Form Fiscal 2009 October 1, 2008 September 30, 2009 (February 13th, 2009)
This Incentive Acceptance Form is part of and governed by the SoftBrands Incentive Compensation Plan for Non-Sales and Sales Management Personnel and is entered into by the SoftBrands company and the Participant identified below (collectively the Parties). All of the capitalized terms not otherwise defined in this Incentive Acceptance Form have the same respective meanings as contained in the Plan.
the Effective Date of the Promotion Is October 1, 2008. in This Position Your Annualized Base Salary Will Be $225,000. in This Position You Are Eligible to Participate in the Executive Incentive Program. For Fiscal Year 2009, Your Annual Target Incentive Bonus at 100% Attainment Will Be $100,000. Subject to Approval by the Board of Directors, You Will Be Granted 150,000 Stock Appreciation Rights. The Specific Details of This Grant Will Be Provided Upon Approval. a Revised Severance Agreement Is Attached Which Details the Financial Arrangements Associated to This Level Position in the Even (August 12th, 2008)
This written offer constitutes the entire understanding of the parties, supersedes all prior discussions, representations and understandings.
EXECUTIVE COMPENSATION PLAN Plan Year 2008 Randal Tofteland (December 14th, 2007)
2008 Base Salary = $440,000 Performance Incentive Bonus (IB): $280,000 annually. Your 2008 Incentive Bonus will be paid quarterly based on the following criteria:
SOFTBRANDS, INC. SERIES D CONVERTIBLE PREFERRED STOCK AND WARRANT PURCHASE AGREEMENT Dated as of August 14, 2006 (August 18th, 2006)
THIS SERIES D CONVERTIBLE PREFERRED STOCK AND WARRANT PURCHASE AGREEMENT (this Agreement) is dated as of August 14, 2006 between SoftBrands, Inc., a Delaware corporation (the Company), ABRY Mezzanine Partners, L.P., a Delaware limited partnership (ABRY) and, to the extent it exercises the Purchase Option (as defined herein), Capital Resource Partners IV, L.P., a Delaware limited partnership (CRP). Each of ABRY and, to the extent it exercises the Purchase Option, CRP, is referred to herein as a Purchaser and collectively, as the Purchasers.
June 26, 2006 (June 30th, 2006)
This letter is to clarify our obligations under the Transition Agreement dated October 1, 2006 (the Transition Agreement) that you signed with SoftBrands when we arranged for you to move from the CEO to the Executive Chairman position. As you know, that agreement defines the terms upon which you would provide services to SoftBrands as Executive Chairman (an employment position) and as Chairman of our Board of Directors. I use capitalized terms in this letter based on the manner in which they are defined in the Transition Agreement.
Severance Pay Agreement (June 5th, 2006)
This Agreement is made as of the second day of June, 2006, between SoftBrands, Inc., a Delaware corporation (the Company) and Gregg A. Waldon (Executive).
May 23, 2006 Gregg A. Waldon 13799 Candice Lane Eden Prairie, MN 55346 Dear Gregg, (June 5th, 2006)
I am very pleased to offer you the position of Chief Financial Officer of SoftBrands reporting to me pursuant to the following terms and conditions:
Amendment N0. 1 to Employment Agreement (March 3rd, 2006)
This Amendment is made and entered into this 1st day of March, 2006 between SoftBrands, Inc. (the Company) and David G. Latzke (Executive).
Transition Agreement (December 20th, 2005)
THIS TRANSITION AGREEMENT (the Transition Agreement) made and entered into as of the first day of October, 2005 by and between SoftBrands, Inc. a Delaware corporation (SoftBrands) and George H. Ellis, an individual resident of the State of Texas (Executive).
Amended and Restated Employment Agreement Between Softbrands, Inc. And Randy B. Tofteland (January 14th, 2005)
THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the Agreement), is made effective as of January 1, 2004 (Effective Date), by and between SoftBrands, Inc., a Delaware corporation (the Company) and Randy B. Tofteland (the Executive), collectively referred to herein as the parties.