Side Letter Agreement Between LeMaitre Vascular and Brown Brothers Harriman & Co. Regarding Success Fee
LeMaitre Vascular and Brown Brothers Harriman & Co. have agreed that Brown Brothers Harriman will receive a success fee of 0.075% of either LeMaitre's pre-money valuation at the time of its initial public offering or the amount received from the sale of the company, whichever happens first. This fee is only payable upon the completion of either event. The agreement is confirmed by signatures from both parties' representatives.
Exhibit 10.23
July 16, 2003
J. Edward Hall
Brown Brothers Harriman & Co.
40 Water Street
Boston, Massachusetts 02109
Dear Jed:
LeMaitre Vascular will pay to Brown Brothers Harriman a success fee equaling seven point five basis points (0.075%) of: (i) LeMaitre’s pre-money valuation at the execution of the initial public offering of the company’s common stock, or (ii) the amount received by the company for its equity upon the sale of the company to a third party, whichever occurs first. This fee shall only be due and payable upon the completion of the initial public offering of the company’s common stock or the sale of the company’s equity to a third party, whichever occurs first.
If this meets your satisfaction, please sign below.
| Best regards, |
| /s/ George W. LeMaitre |
| George W. LeMaitre |
| Chief Executive Officer |
| Agreed: | ||
| BROWN BROTHERS HARRIMAN & CO. | ||
| By: | /s/ Joseph E. Hall | |
| Name: | Joseph E. Hall | |
| Title: | Managing Director | |
