Separation Agreement and Mutual Release ("Agreement") (January 22nd, 2015)
In return for the mutual promises in this Agreement, FalconStor Software, Inc. (the "Company"), 2 Huntington Quadrangle, Melville, NY 11747, its predecessor companies, and its and their respective stockholders, affiliates, subsidiaries, divisions, successors and assigns and the current and former employees, officers, directors and agents thereof (collectively referred to throughout this Agreement as "Employer"), and Seth Horowitz, his/her heirs, executors, administrators, successors, and assigns (collectively referred to throughout this Agreement as "You"), agree as follows:
Form of Voting and Lock-Up Agreement (September 17th, 2013)
This VOTING AND LOCK-UP AGREEMENT (the "Agreement") is made and entered into as of this 16th day of September, 2013 by FalconStor Software, Inc., a company incorporated under the laws of the State of Delaware (the "Company"), and [STOCKHOLDER] ("Stockholder"), pursuant to the terms of that certain Preferred Stock Purchase Agreement, dated as of September 16, 2013 (the "Purchase Agreement"), for the benefit of Hale Capital Partners, LP (the "Purchaser").
FALCONSTOR SOFTWARE, INC. 2005 KEY EXECUTIVE SEVERANCE PROTECTION PLAN Effective as of December 1, 2005 as Amended January 4, 2013 Exhibits Updated August 7, 2012 (March 18th, 2013)
WHEREAS, the Board of Directors of FalconStor Software, Inc., recognizes that the threat of a change in ownership or control of the Company may occur which can result in significant distractions of its key executive personnel because of the uncertainties inherent in such a situation; and
Falconstor Software, Inc. (August 9th, 2007)
Falconstor Software, Inc. (November 8th, 2005)