RecitalsEscrow Agreement • August 14th, 2001 • Emachines Inc /De/ • Wholesale-computers & peripheral equipment & software • California
BY AND AMONGAgreement and Plan of Merger • November 29th, 2001 • Emachines Inc /De/ • Wholesale-computers & peripheral equipment & software • Delaware
eMACHINES, INC.Stock Option Agreement • April 27th, 2001 • Emachines Inc /De/ • Wholesale-computers & peripheral equipment & software • California
UNDERWRITING AGREEMENT ----------------------Underwriting Agreement • March 22nd, 2000 • Emachines Inc /De/ • Electronic computers • New York
EXHIBIT 99.6 EMACHINES, INC. INDEMNIFICATION AGREEMENT This Indemnification Agreement ("Agreement") is effective as of March 28, 2001, by and between eMachines, Inc., a Delaware corporation (the "Company"), and Yasuhiro Tsubota ("Indemnitee")....Indemnification Agreement • April 27th, 2001 • Emachines Inc /De/ • Wholesale-computers & peripheral equipment & software • Delaware
EXHIBIT 4.2Emachines Inc /De/ • January 28th, 2000 • Electronic computers • Delaware
EXHIBIT 10.23Emachines Inc /De/ • February 24th, 2000 • Electronic computers • California
EXHIBIT (e)(17) AMENDMENT NO. 1 TO AMENDED AND RESTATED AGREEMENT AND PLAN OF MERGER THIS AMENDMENT NO. 1 TO AMENDED AND RESTATED AGREEMENT AND PLAN OF MERGER (this "Amendment") is made as of December 14, 2001, by and among eMachines, Inc., a Delaware...Agreement and Plan of Merger • December 20th, 2001 • Emachines Inc /De/ • Wholesale-computers & peripheral equipment & software • Delaware
EXHIBIT 10.9 AMENDED AND RESTATED EMPLOYMENT AGREEMENT ----------------------------------------- This AMENDED AND RESTATED EMPLOYMENT AGREEMENT, dated as of August 18, 1999, is by and between eMachines, Inc., a Delaware corporation (the "Company")...Employment Agreement • August 31st, 1999 • Emachines Inc /De/ • California
EXHIBIT A --------- NOTE $300,000 Irvine, CaliforniaEmachines Inc /De/ • April 27th, 2001 • Wholesale-computers & peripheral equipment & software
FOR VALUE RECEIVED, John A. Muskovich (the "Borrower") promises to pay to eMachines, Inc., a Delaware corporation (the "Company"), or order, the principal sum of $300,000. No interest is to be charged on the principal. Both the Borrower and the Company acknowledge that income may be imputed to either in connection with this interest free loan.
EXHIBIT 99.1 eMachines, Inc. JOHN A. MUSKOVICH EMPLOYMENT AGREEMENT This Agreement is entered into as of December 18, 2000 by and between eMachines, Inc. (the "Company"), and John A. Muskovich (the "Executive"). WHEREAS, the Company desires to retain...Employment Agreement • March 8th, 2001 • Emachines Inc /De/ • Electronic computers • California
Order No. Escrow No. Loan No. When Recorded Mail To: Wilson Sonsini Goodrich & Rosati 650 Page Mill Road Palo Alto, CA 94304 Attn: T. Morell ----------------- --------------------------------------------------------------- SPACE ABOVE THIS LINE FOR...Emachines Inc /De/ • July 3rd, 2001 • Wholesale-computers & peripheral equipment & software
THIS DEED OF TRUST, made June 18, 2001, between Brian E. Firestone and Kathleen D. Firestone, herein called TRUSTOR, whose address is 8 Vineyard Way, Kentfield, CA 94904, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called TRUSTEE, and eMachines, Inc., A Delaware Corporation, herein called BENEFICIARY,
INTRODUCTION ------------Marketing Agreement • October 10th, 2001 • Emachines Inc /De/ • Wholesale-computers & peripheral equipment & software
EXHIBIT 10.16 AGREEMENT ---------Agreement • January 28th, 2000 • Emachines Inc /De/ • Electronic computers
WITNESSETH: ----------Stock Purchase Agreement • November 27th, 2001 • Emachines Inc /De/ • Wholesale-computers & peripheral equipment & software • Delaware
eMACHINES, INC.Emachines Inc /De/ • April 27th, 2001 • Wholesale-computers & peripheral equipment & software • California
Recitals --------Security Agreement • August 31st, 1999 • Emachines Inc /De/ • California
Exhibit 10.24 HEADS OF AGREEMENT* Between: (1) DSG Retail Limited of Maylands Avenue, Hemel Hempstead, Hertfordshire, HP2 7TG ("DSG"); and (2) eMachines Inc of 14350 Myford Road, Building 100, Irvine, California, 92606-1002 ("eMachines"). Introduction...Heads of Agreement • March 30th, 2001 • Emachines Inc /De/ • Electronic computers
BETWEENIndustrial Lease • August 31st, 1999 • Emachines Inc /De/ • California
a) Cash Exercise. The purchase rights represented by this Option ------------- may be exercised by the Holder, in whole or in part, by the surrender of this Option (with the notice of exercise form attached hereto as Exhibit A duly --------- executed)...Emachines Inc /De/ • August 31st, 1999 • California
EXHIBIT 99.4 eMACHINES, INC. WAYNE R. INOUYE EMPLOYMENT AGREEMENT This Agreement is entered into as of February 23, 2001 by and between eMachines, Inc. (the "Company"), and Wayne R. Inouye (the "Executive"). WHEREAS, the Company desires to retain...Employment Agreement • March 8th, 2001 • Emachines Inc /De/ • Electronic computers • California
EXHIBIT 99.10 SEVERANCE AGREEMENT AND MUTUAL RELEASE This Severance Agreement and Mutual Release ("Agreement") is made by and between eMachines, Inc. (the "Company"), and John Dickinson ("Employee"). WHEREAS, Employee joined the Company pursuant to...Severance Agreement and Mutual Release • April 27th, 2001 • Emachines Inc /De/ • Wholesale-computers & peripheral equipment & software • California
EXHIBIT 99.10 EMACHINES, INC. INDEMNIFICATION AGREEMENT This Indemnification Agreement ("Agreement") is effective as of June 25, 2001, by and between eMachines, Inc., a Delaware corporation (the "Company"), and Bob Davidson ("Indemnitee"). WHEREAS,...Indemnification Agreement • July 3rd, 2001 • Emachines Inc /De/ • Wholesale-computers & peripheral equipment & software • Delaware
EXHIBIT 2.1Agreement and Plan of Reorganization • January 28th, 2000 • Emachines Inc /De/ • Electronic computers • California
EXHIBIT 99.3 PLEDGED COLLATERAL ACCOUNT CONTROL AGREEMENT/1/ TO: McDonald Investment, Inc. 580 Lincoln Park Boulevard, Suite 388 Kettering, OH 45429 Attention: Steven F. Goens DATE: February 1, 2001 Dear Mr. Goens: Simultaneously with the execution of...Control Agreement • April 27th, 2001 • Emachines Inc /De/ • Wholesale-computers & peripheral equipment & software • California
b) As soon as practicable after the Effective Time, Parent shall deliver to each holder of Company Options, an appropriate notice regarding the assumption by Parent of the holder's Company Options and stating that (x) the agreements evidencing the...Agreement and Plan of Reorganization • March 22nd, 2000 • Emachines Inc /De/ • Electronic computers • California
Confidential MARKETING AGREEMENT -------------------Confidential Marketing Agreement • April 27th, 2001 • Emachines Inc /De/ • Wholesale-computers & peripheral equipment & software • England
WITNESSETH:Manufacturer Agreement • November 30th, 2001 • Emachines Inc /De/ • Wholesale-computers & peripheral equipment & software
EXHIBIT 10.6 EMACHINES, INC. INDEMNIFICATION AGREEMENT This Indemnification Agreement ("Agreement") is effective as of August _____, 1999 by and between emachines, Inc., a Delaware corporation (the "Company"), and __________________________________,...Indemnification Agreement • August 31st, 1999 • Emachines Inc /De/ • Delaware
AMENDMENT NO.1 TO ORIGINAL DESIGN MANUFACTURER AGREEMENTOriginal Design Manufacturer Agreement • May 8th, 2001 • Emachines Inc /De/ • Wholesale-computers & peripheral equipment & software
EXHIBIT 99.11 EMACHINES, INC. INDEMNIFICATION AGREEMENT This Indemnification Agreement ("Agreement") is effective as of June 25, 2001, by and between eMachines, Inc., a Delaware corporation (the "Company"), and Brian Firestone ("Indemnitee"). WHEREAS,...Indemnification Agreement • July 3rd, 2001 • Emachines Inc /De/ • Wholesale-computers & peripheral equipment & software • Delaware
EXHIBIT 99.13 EMACHINES, INC. INDEMNIFICATION AGREEMENT This Indemnification Agreement ("Agreement") is effective as of June 25, 2001, by and between eMachines, Inc., a Delaware corporation (the "Company"), and Adam A. Andersen ("Indemnitee")....Indemnification Agreement • July 3rd, 2001 • Emachines Inc /De/ • Wholesale-computers & peripheral equipment & software • Delaware
Exhibit (e)(4) eMachines, Inc. 14350 Myford Road, Building 100 Irvine, CA 92606 November 12, 2001 EM Holdings, Inc. 7373 Hunt Avenue Garden Grove, CA 92841 Mr. Lap Shun Hui C/o EM Holdings, Inc. 7373 Hunt Avenue Garden Grove, CA 92841 Re: Amended and...Emachines Inc /De/ • November 29th, 2001 • Wholesale-computers & peripheral equipment & software • California
EXHIBIT 99.4 AGREEMENT FOR THE TERMINATION OF THE ESCROW AGREEMENT AND FOR OPERATION OF THE ACCOUNT This agreement is made this 6th day of August, 2001, by and between Brian Firestone (the "Executive"), eMachines, Inc. (the "Company") and California...Agreement • August 14th, 2001 • Emachines Inc /De/ • Wholesale-computers & peripheral equipment & software • California
eMachines, Inc. AGREEMENTAgreement • August 31st, 1999 • Emachines Inc /De/
