Introduction Contract Clauses (1,121)

Introduction. DEFINITIONS 2 3. CHANGE-IN-CONTROL BENEFITS 5 4. CHANGE-IN-CONTROL SEVERANCE BENEFITS 6 5. SEVERANCE BENEFITS NOT IN CONNECTION WITH A CHANGE-IN-CONTROL 6 6. CONDITIONS FOR PAYMENT OF SEVERANCE 7 7. COORDINATION WITH OTHER BENEFITS 7 8. LIMITATION ON BENEFITS 8 9. ADMINISTRATION 8 10. AMENDMENT OR TERMINATION 9 11. NOTICES 9 12. SECTION 409A 9 13. MISCELLANEOUS 10 i 8X8, INC. EXECUTIVE CHANGE-IN-CONTROL AND SEVERANCE POLICY 1. INTRODUCTION This Executive Change-in-Control and Severance Policy... (the "Policy") is established by 8x8, Inc., effective as of June 19, 2015, and hereby amended and restated effective as of October 1, 2017, to provide for the payment of certain benefits in connection with certain terminations of an Executive's employment, including in connection with a potential Change-in-Control of the Company. View More

Introduction. DEFINITIONS 2 3. CHANGE-IN-CONTROL BENEFITS 5 4. CHANGE-IN-CONTROL SEVERANCE BENEFITS 6 5. SEVERANCE BENEFITS NOT IN CONNECTION WITH A CHANGE-IN-CONTROL 6 6. CONDITIONS FOR PAYMENT OF SEVERANCE 7 7. COORDINATION WITH OTHER BENEFITS 7 8. LIMITATION ON BENEFITS 8 9. ADMINISTRATION 8 10. AMENDMENT OR TERMINATION 9 11. NOTICES 9 12. SECTION 409A 9 13. MISCELLANEOUS 10 i 8X8, INC. EXECUTIVE CHANGE-IN-CONTROL AND SEVERANCE POLICY 1. INTRODUCTION This Executive Change-in-Control and Severance Policy... (the "Policy") is established by 8x8, Inc., effective as of June 19, 2015, and hereby amended and restated effective as of October 1, 2017, to provide for the payment of certain benefits in connection with certain terminations of an Executive's employment, including in connection with a potential Change-in-Control of the Company. View More

Introduction. Until November 1, 2019 or such earlier period as the parties may agree in writing, Subscriber shall assist the Company in its fundraising efforts by making introductions to persons with whom Subscriber has an existing business or personal relationship, provided that the Company will make its CEO available to participate in meetings with potential investors introduced by Subscriber and will reimburse Subscriber's reasonable out-of-pocket costs in connection with the fundraising. The Company will... not independently solicit any limited partners of Subscriber or its affiliates or other investors introduced to the Company by Subscriber or its affiliates without Subscriber's prior written consent during the period ending November 1, 2019. View More

Introduction. Great Basin Scientific, Inc., a Delaware corporation (the "Company"), proposes to issue and sell to the purchasers, pursuant to the terms and conditions of this Placement Agent Agreement (this "Agreement") and the Subscription Agreements in the form of Exhibit A attached hereto (the "Subscription Agreements") entered into with the purchasers identified therein and the Prospectus with respect to purchasers of Units that do not enter into a Subscription Agreement (each a "Purchaser" and... collectively, the "Purchasers"), up to an aggregate of: up to 3,160,000 Units (the "Units") consisting of (i) 3,160,000 authorized but unissued shares of common stock, par value $0.0001 per share (the "Common Stock"), of the Company (the "Shares") and (ii) 3,160,000 Series G Warrants (the "Warrants") to purchase an aggregate of up to 3,160,000 authorized but unissued shares of Common Stock (the "Warrant Shares"). Each Unit will consist of one Share and one Warrant. The Units, the Shares, the Warrants, and the Warrant Shares are collectively referred to as the "Securities." The Units will not be separately issued or certificated and the Securities shall be immediately separable and transferable upon issuance. The form of the Warrant is attached hereto as Exhibit B. The Company hereby confirms its agreement with Roth Capital Partners, LLC (the "Placement Agent") to act as Placement Agent in accordance with the terms and conditions hereof. View More

Introduction. Particular sales of Designated Securities may be made from time to time to the Underwriters of such Designated Securities, for which the firms designated as representatives of the Underwriters of such Designated Securities in the Pricing Agreement relating thereto will act as representatives (the "Representatives"). The term "Representatives" also refers to a single firm acting as sole representative of the Underwriters and to an Underwriter or Underwriters who act without any firm being... designated as its or their representatives. This Underwriting Agreement (the "Agreement") shall not be construed as an obligation of the Operating Partnership to offer, issue or sell any of the Securities or as an obligation of any of the Underwriters to purchase the Securities. The obligation of the Operating Partnership to issue and sell any of the Securities and the obligation of any of the Underwriters to purchase any of the Securities will be evidenced by the Pricing Agreement with respect to the Designated Securities specified therein. Each Pricing Agreement will, among other things, specify the aggregate principal amount of such Designated Securities, the initial public offering price of such Designated Securities, the purchase price to the Underwriters of such Designated Securities, the names of the Underwriters of such Designated Securities, the names of the Representatives of such Underwriters and the principal amount of such Designated Securities to be purchased by each Underwriter and will set forth the date, time and manner of delivery of such Designated Securities and payment therefor. The Pricing Agreement will also specify (to the extent not set forth in the Indenture and registration statement and prospectus with respect thereto) the terms and conditions of such Designated Securities. The Pricing Agreement will be in the form of an executed writing (which may be in counterparts), and may be evidenced by an exchange of facsimile communications or any other rapid transmission device designed to produce a written record of communications transmitted. The obligations of the Underwriters under this Agreement and each Pricing Agreement will be several and not joint. View More

Introduction. Until November 1, 2019 or such earlier period as the parties may agree in writing, Subscriber shall assist the Company in its fundraising efforts by making introductions to persons with whom Subscriber has an existing business or personal relationship, provided that the Company will make its CEO available to participate in meetings with potential investors introduced by Subscriber and will reimburse Subscriber's reasonable out-of-pocket costs in connection with the fundraising. The Company will... not independently solicit any limited partners of Subscriber or its affiliates or other investors introduced to the Company by Subscriber or its affiliates without Subscriber's prior written consent during the period ending November 1, 2019. View More

Introduction. Great Basin Scientific, Inc., a Delaware corporation (the "Company"), proposes to issue and sell to the purchasers, pursuant to the terms and conditions of this Placement Agent Agreement (this "Agreement") and the Subscription Agreements in the form of Exhibit A attached hereto (the "Subscription Agreements") entered into with the purchasers identified therein and the Prospectus with respect to purchasers of Units that do not enter into a Subscription Agreement (each a "Purchaser" and... collectively, the "Purchasers"), up to an aggregate of: up to 3,160,000 Units (the "Units") consisting of (i) 3,160,000 authorized but unissued shares of common stock, par value $0.0001 per share (the "Common Stock"), of the Company (the "Shares") and (ii) 3,160,000 Series G Warrants (the "Warrants") to purchase an aggregate of up to 3,160,000 authorized but unissued shares of Common Stock (the "Warrant Shares"). Each Unit will consist of one Share and one Warrant. The Units, the Shares, the Warrants, and the Warrant Shares are collectively referred to as the "Securities." The Units will not be separately issued or certificated and the Securities shall be immediately separable and transferable upon issuance. The form of the Warrant is attached hereto as Exhibit B. The Company hereby confirms its agreement with Roth Capital Partners, LLC (the "Placement Agent") to act as Placement Agent in accordance with the terms and conditions hereof. View More

Introduction. Particular sales of Designated Securities may be made from time to time to the Underwriters of such Designated Securities, for which the firms designated as representatives of the Underwriters of such Designated Securities in the Pricing Agreement relating thereto will act as representatives (the "Representatives"). The term "Representatives" also refers to a single firm acting as sole representative of the Underwriters and to an Underwriter or Underwriters who act without any firm being... designated as its or their representatives. This Underwriting Agreement (the "Agreement") shall not be construed as an obligation of the Operating Partnership to offer, issue or sell any of the Securities or as an obligation of any of the Underwriters to purchase the Securities. The obligation of the Operating Partnership to issue and sell any of the Securities and the obligation of any of the Underwriters to purchase any of the Securities will be evidenced by the Pricing Agreement with respect to the Designated Securities specified therein. Each Pricing Agreement will, among other things, specify the aggregate principal amount of such Designated Securities, the initial public offering price of such Designated Securities, the purchase price to the Underwriters of such Designated Securities, the names of the Underwriters of such Designated Securities, the names of the Representatives of such Underwriters and the principal amount of such Designated Securities to be purchased by each Underwriter and will set forth the date, time and manner of delivery of such Designated Securities and payment therefor. The Pricing Agreement will also specify (to the extent not set forth in the Indenture and registration statement and prospectus with respect thereto) the terms and conditions of such Designated Securities. The Pricing Agreement will be in the form of an executed writing (which may be in counterparts), and may be evidenced by an exchange of facsimile communications or any other rapid transmission device designed to produce a written record of communications transmitted. The obligations of the Underwriters under this Agreement and each Pricing Agreement will be several and not joint. View More

Introduction. (a) Purpose. Gevo, Inc. (the "Company") hereby establishes this equity-based incentive compensation plan to be known as the "Gevo, Inc. Amended and Restated 2010 Stock Incentive Plan" (the "Plan"), for the following purposes: (i) to enhance the Company's ability to attract highly qualified personnel; (ii) to strengthen its retention capabilities; (iii) to enhance the long-term performance and competitiveness of the Company; and (iv) to align the interests of Plan participants with those of the... Company's stockholders. (b) Reserved. (c) Definitions. Terms in the Plan and its Appendix that begin with an initial capital letter have the defined meaning set forth in Appendix I or elsewhere in this Plan, in either case unless the context of their use clearly indicates a different meaning. (d) Effect on Other Plans, Awards, and Arrangements. This Plan is not intended to affect and shall not affect any stock options, equity-based compensation, or other benefits that the Company or its Affiliates may have provided, or may separately provide in the future, pursuant to any agreement, plan, or program that is independent of this Plan. View More

Introduction. This Plan was adopted by the Company to provide retirement benefits to those individuals, other than any individual holding the office of Chief Executive Officer prior to December 15, 2019, who participated in the Company's Deferred Compensation Plan and, with respect to those individuals, this Plan shall supersede the Deferred Compensation Plan. The Administrator or the Chief Executive Officer may also select other Participants to be eligible for benefits hereunder in accordance with the other... provisions of the Plan. It is amended and restated effective December 15, 2019. View More