Addendum to Loan Agreement between JNI Corporation and Neal Waddington

Contract Categories: Business Finance Loan Agreements
Summary

JNI Corporation and Neal Waddington have amended their existing loan agreement. JNI previously paid $99,454.48 in taxes on Waddington's behalf, which he must repay by April 15, 2003, unless JNI is acquired, in which case the amount is due at closing. If Waddington remains employed through January 9, 2003, JNI will pay additional taxes for him, which he must reimburse by April 15, 2004, under similar terms. All other terms of the original loan agreement remain unchanged.

EX-10.26 3 a2078506zex-10_26.htm EXHIBIT 10.26
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Exhibit 10.26


Addendum to Loan Agreement

        This Addendum is entered into on February 13, 2002, by and between JNI Corporation, and Neal Waddington.


RECITALS

    A.
    Borrower has existing loan with JNI, dated January 10, 2001.

    B.
    Remaining value of loan at February 13, 2001 is $250,000, and will be forgiven if Borrower remains an employee of JNI on January 9, 2003.

    C.
    50% of the original loan value ($250,000) was forgiven on January 9, 2002.

    D.
    Federal and State Income Taxes became due and payable by Neal Waddington on the income reported to the IRS (on January 9, 2002) and was paid by JNI in behalf of Borrower.

    E.
    Borrower requests that JNI extend the timeframe for Borrower's reimbursement of these taxes to JNI (per the original agreement) until April 15, 2003 when he would have to pay the IRS these taxes.


AGREEMENT

    1.
    The company paid $99,454.48 in behalf of the Borrower on January 9, 2002.

    2.
    Borrower agrees to repay JNI in the amount of $99,454.48 on or before April 15, 2003.

    3.
    If JNI should be acquired before this date, the $99,454.48 becomes due and payable upon the closing of an acquisition transaction.

    4.
    On January 9, 2003, if Borrower remains an employee of JNI, JNI will pay in Borrower's behalf the taxes due on the additional $250,000 of income.

    5.
    Borrower agrees to reimburse JNI for the taxes associated with the January 9, 2003 debt forgiveness (approximating $99,000.00) by April 15, 2004 with the same terms as #3.

All other elements of the Original Loan Agreement remain as defined in the document executed on January 9, 2001. (attached)

/s/  NEAL WADDINGTON      
Neal Waddington                      Feb 13, 2002
  /s/  ERIC P. WENAAS      
Chairman Compensation Committee        Feb 13, 2002



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Addendum to Loan Agreement
RECITALS
AGREEMENT