Amendment No. 1, dated August 4, 2021, to Employment Agreement by and between the Registrant and John McKew

Contract Categories: Human Resources - Employment Agreements
EX-10.2 3 lumo-2021630x10qxex102.htm EX-10.2 Document
Exhibit 10.2
Amendment No. 1 (“Amendment”) to the Employment Agreement between:
DR. JOHN MCKEW, an individual; and
LUMOS PHARMA, INC., (formerly, “NewLink Genetics Corporation”) a Delaware corporation with an office at 4200 Marathon Suite 200 Austin, Texas 78756.
1.The Parties entered into an Employment Agreement, dated March 27, 2020 (“Agreement”);
2.Section 13(b) of the Agreement provides that the Agreement may not be amended, modified, or expanded, except by a writing executed by each of the Parties; and
3.The Parties hereto desire to make certain changes to the Agreement, as set forth below.
Accordingly, the parties agree as follows:
1.Definitions. Terms defined in this Amendment have their assigned meanings. Capitalized terms used in this Amendment without definition have the meanings assigned to them in the Agreement.
2.Changes. As of the Amendment Date (defined below), the Agreement is amended as follows:
a.Section 1 of the Agreement is deleted in its entirety and replaced with the following:
i.The Company will employ Executive, and Executive shall serve the Company in the capacity of President and Chief Scientific Officer (“President & CSO”).

b.Section 4 of the Agreement is amended by increasing the Base Salary to $525,000 per year. The term “Base Salary” in the Agreement shall mean $525,000 per year.
c.Section 5 of the Agreement is hereby amended by increasing the Bonus Target to 50%. The term “Bonus Target” in the Agreement shall mean 50% of Executive’s Base Salary.

d.Section 6 of the Agreement is amended by adding 20,000 Restricted Stock Units to Executive’s Equity Awards, subject to the vesting schedule and all other terms, conditions and limitations applicable to such Restricted Stock Units as set forth in the Company’s 2009 Equity Incentive Plan, as it may be amended from time to time, and in Stock Award Agreements (as defined in such equity plan) approved by the Board and entered into by Executive.

3.Continuation of the Existing Agreement. This Amendment shall modify and amend the Agreement to the extent, and only to the extent, expressly set forth herein (it being the intent of the Parties that all of the terms and provisions of the Agreement that are not expressly amended or modified hereunder shall be unaltered and shall remain in full force and effect and that the execution, delivery and performance of this Amendment shall not operate as a waiver of or consent to any past, present or future breach of any provision of the Agreement). From and after the Amendment Date, all references in the Agreement to “this Agreement,” “herein,” “hereunder,” and words of like import shall mean and refer to the Agreement as amended hereby.

Exhibit 10.2
4.Amendment Date and Signatures. This Amendment shall become effective on August 1, 2021 (“Amendment Date”). If the parties execute this Amendment by exchange of electronically signed copies or scanned signed copies, the parties agree that upon being signed by both parties, this Amendment shall be considered executed and binding and that scanned and/or electronic signatures will constitute evidence of the existence of this Amendment.
[Signature Page Follows]

Exhibit 10.2

By:     /s/Rick Hawkins                    

By:     /s/John McKew                    
Name:    Rick Hawkins                    
Name:    John McKew, Ph.D            
Title:     Chief Executive Officer                    
Title:     President & CSO

Date:     8/4/2021                    

Date:     7/31/2021