Common use of Initial Grant Clause in Contracts

Initial Grant. As soon as practicable after the effective date of this Agreement and subject to Board and all other required approvals, the Company shall grant to the Executive under the Company’s Amended and Restated 2003 Stock Incentive Plan (the “Plan”) a non-qualified stock option to purchase a number of shares of the common stock of the Company equal to 5.15% of the Company’s fully-diluted common stock (excluding the effects of any conversion of the (i) debt issued in connection with the Initial Financing, (ii) the investor convertible subordinated debt issued in January 2014 or (iii) any other convertible debt that is issued prior to the thirty-six (36) month anniversary of the Effective Date) with a per share exercise price equal to the fair market value of the Company’s common stock (as determined by the Board pursuant to the Plan) at the time of grant. The Initial Grant shall be granted pursuant to and governed by the terms of a stock option award agreement in a form provided by the Company at the time of grant; provided, however, that the form shall provide for cashless exercise of the option in an amount sufficient to satisfy the option exercise price. Provided the Executive remains continuously and actively employed with the Company through the applicable vesting date, the Initial Grant will be vested and exercisable with respect to (i) 10% of the underlying common stock as of the Effective Date, (ii) 25% of the underlying common stock on the first (1st) anniversary of the Effective Date, and (iii) the remaining shares of underlying common stock in substantially equal monthly installments over the 36-month period that commences on the first (1st) anniversary of the Effective Date. Notwithstanding the foregoing, the Initial Grant shall be fully vested and exercisable immediately prior to, but contingent upon, the occurrence of a Change in Control (as defined above), provided the Executive remains continuously and actively employed with the Company through the date of such Change in Control. Executive’s Initials & Date

Initial Grant. As soon as practicable after of the effective close of business on the date of this Agreement and subject to Board and all other required approvalsthe Executive’s first day of employment with the Company, the Company shall grant to the Executive under the Company’s Amended and Restated 2003 Stock Incentive Plan Compensation Committee shall grant Executive a non-statutory stock option (the “PlanInitial Option”) a non-qualified stock option to purchase a number of 335,000 shares of the common stock of the Company equal to 5.15% of the Company’s fully-diluted common stock (excluding the effects of any conversion of the (i) debt issued in connection with the Initial Financing, (ii) the investor convertible subordinated debt issued in January 2014 or (iii) any other convertible debt that is issued prior to the thirty-six (36) month anniversary of the Effective Date) with a per share exercise price equal to the fair market value of the Company’s common stock as defined in the Plan referenced in the immediately following sentence (as determined by the Board pursuant to the Plan“Common Stock”) at an exercise price of $11.00 per share. Executive’s right to purchase shares of Common Stock under the time Initial Option shall vest over three years, as follows: the right to purchase 33.3% of grantsuch shares of Common Stock shall vest on the first anniversary of the grant date and the balance shall vest in 24 equal monthly installments thereafter. The Initial Grant shall Option will be granted pursuant to the Company’ s 2019 Equity Incentive Plan (the ” Plan “) and governed by will be subject to the terms and conditions of a the Plan in effect as of the grant date and the related stock option agreements. The exercise price for all future stock options granted under the Plan shall be equal to either the then trading price of the Common Stock or the most recent appraisal done for Section 409A compliance process prior to the date of each such grant (which appraisals having been completed within the 12-month period preceding each such grant date). Furthermore, as of the close of business on the date of the Executive’s first day of employment with the Company, the Company’s Compensation Committee shall grant Executive a restricted stock unit award agreement (the ” Initial Restricted Stock Unit Award “) with respect to 75,000 shares of the Company’s Common Stock (which number of shares of the Company’s common Stock shall be adjusted from time to time to take into account any stock dividends, forward stock splits, and reverse stock splits) which shall vest 50% on April 8, 2020 with the remaining 50% on April 8, 2021, subject to Executive’s service through such dates. The Initial Restricted Stock Unit Award is subject to the terms and conditions set forth in a form provided by the Company at Plan and the time of grantrelated stock unit award agreement. (the “Award Agreement”); provided, however, that notwithstanding anything in the form shall provide for cashless exercise Plan or the Award Agreement to the contrary, (A) Executive may elect to satisfy any tax withholdings payable in connection with the issuance of shares of the option in an amount sufficient Company’s Common Stock to satisfy the option exercise price. Provided the Executive remains continuously and actively employed with by having the Company through withhold a number of shares of Common Stock that have a fair market value equal to the applicable vesting date, taxes required to be withheld by the Initial Grant will be vested and exercisable with respect to (i) 10% of the underlying common stock as of the Effective Date, (ii) 25% of the underlying common stock on the first (1st) anniversary of the Effective DateCompany, and (iiiB) to the remaining shares extent of underlying common stock in substantially equal monthly installments over any differences between this Agreement and the 36-month period that commences on Plan or the first (1st) anniversary Award Agreement the provisions of the Effective Date. Notwithstanding the foregoing, the Initial Grant this Agreement shall be fully vested and exercisable immediately prior to, but contingent upon, the occurrence of a Change in Control (as defined above), provided the Executive remains continuously and actively employed with the Company through the date of such Change in Control. Executive’s Initials & Dategovern.

Initial Grant. As soon as practicable after of the effective close of business on the date of this Agreement and subject to Board and all other required approvalsthe Executive’s first day of employment with the Company, the Company shall grant to the Executive under the Company’s Amended Compensation Committee shall grant Executive a non-statutory stock option (the “Initial Option”) to purchase 200,000 shares of the Company’s common stock as defined in the Plan referenced in the immediately following sentence (the “Common Stock”) at an exercise price of $11.00 per share. Executive’s right to purchase shares of Common Stock under the Initial Option shall vest over three years, as follows: the right to purchase 33.3% of such shares of Common Stock shall vest on the first anniversary of the grant date and Restated 2003 Stock the balance shall vest in 24 equal monthly installments thereafter. The Initial Option will be granted pursuant to the Company’s 2019 Equity Incentive Plan (the “Plan”) a non-qualified and will be subject to the terms and conditions of the Plan in effect as of the grant date and the related stock option agreements. The exercise price for all future stock options granted under the Plan shall be equal to purchase either the then trading price of the Common Stock or the most recent appraisal done for Section 409A compliance process prior to the date of each such grant (which appraisals having been completed within the 12-month period preceding each such grant date). Furthermore, as of the close of business on the date of the Executive’s first day of employment with the Company, the Company’s Compensation Committee shall grant Executive a restricted stock unit award (the “Initial Restricted Stock Unit Award”) with respect to 300,000 shares of the Company’s Common Stock (which number of shares of the Company’s common Stock shall be adjusted from time to time to take into account any stock dividends, forward stock splits, and reverse stock splits) which shall vest one—third on each anniversary of the Effective Date of this Agreement, being January 8, 2021, January 8, 2022 and January 8, 2023, subject to Executive’s service through such dates. The Initial Restricted Stock Unit Award is subject to the terms and conditions set forth in the Plan and the related stock unit award agreement (the “Award Agreement”); provided, however, notwithstanding anything in the Plan or the Award Agreement to the contrary, (A) Executive may elect to satisfy any tax withholdings payable in connection with the issuance of shares of the Company’s Common Stock to Executive by having the Company withhold a number of shares of the common stock of the Company equal to 5.15% of the Company’s fully-diluted common stock (excluding the effects of any conversion of the (i) debt issued in connection with the Initial Financing, (ii) the investor convertible subordinated debt issued in January 2014 or (iii) any other convertible debt Common Stock that is issued prior to the thirty-six (36) month anniversary of the Effective Date) with have a per share exercise price fair market value equal to the fair market value of taxes required to be withheld by the Company’s common stock (as determined by the Board pursuant to the Plan) at the time of grant. The Initial Grant shall be granted pursuant to and governed by the terms of a stock option award agreement in a form provided by the Company at the time of grant; provided, however, that the form shall provide for cashless exercise of the option in an amount sufficient to satisfy the option exercise price. Provided the Executive remains continuously and actively employed with the Company through the applicable vesting date, the Initial Grant will be vested and exercisable with respect to (i) 10% of the underlying common stock as of the Effective Date, (ii) 25% of the underlying common stock on the first (1st) anniversary of the Effective Date, and (iiiB) to the remaining shares extent of underlying common stock in substantially equal monthly installments over any differences between this Agreement and the 36-month period that commences on Plan or the first (1st) anniversary Award Agreement the provisions of the Effective Date. Notwithstanding the foregoing, the Initial Grant this Agreement shall be fully vested and exercisable immediately prior to, but contingent upon, the occurrence of a Change in Control (as defined above), provided the Executive remains continuously and actively employed with the Company through the date of such Change in Control. Executive’s Initials & Dategovern.