Immediate Termination and Waiver of Notice for Engagement Agreement between The Alkaline Water Company Inc. and H.C. Wainwright & Co., LLC
This agreement is between The Alkaline Water Company Inc. and H.C. Wainwright & Co., LLC. H.C. Wainwright is terminating its engagement agreement with the company, originally dated October 7, 2013, and amended twice. Although the agreement required 10 days' notice for termination, H.C. Wainwright requests immediate termination and asks the company to waive the notice period. The company agrees by countersigning the letter, making the termination effective immediately.
March 12, 2014
CONFIDENTIAL
Steven P. Nickolas
President, Chief Executive Officer and Director
The Alkaline Water Company Inc.
7730 East Greenway Road
Suite 203
Scottsdale, AZ 85260
| Re: | Termination of Engagement Agreement |
Dear Mr. Nickolas:
Reference is made to that certain engagement letter, dated October 7, 2013, by and between The Alkaline Water Company Inc. (the “Company”) and H.C. Wainwright & Co., LLC (“Wainwright”), as amended on November 1, 2013 and as further amended on November 25, 2013 (the “Engagement Agreement”). Pursuant to Section 4 therein, Wainwright may terminate the Engagement Agreement at any time upon 10 days’ written notice. Wainwright wishes to terminate the Engagement Agreement effective immediately and hereby requests the Company’s waiver of the 10 days’ notice period.
Wainwright elects to terminate the Engagement Agreement effective immediately. If you agree to a waiver of the notice period, please countersign this letter in the space indicated below. This letter may be executed in counterparts.
IN WITNESS WHEREOF, this letter agreement is executed as of the date first set forth above.
| Very truly yours, | |
| H.C. WAINWRIGHT & CO., LLC | |
| By /s/ Mark W. Viklund | |
| Name: Mark W. Viklund | |
| Title: Chief Executive Officer |
Accepted and Agreed:
THE ALKALINE WATER COMPANY INC.
By /s/ Richard A. Wright
Name: Richard A. Wright
Title: Vice President, Secretary and Treasurer
