Assignment and Assumption Agreement and Amendment
Exhibit 10.6
Assignment and Assumption Agreement and Amendment
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT (this “Assignment”) is effective the
22nd day of September, 2009, by and among Xxxxxxx Xxxxxxxx (“Executive”), MiMedx, Inc.
(“MiMedx”) and MiMedx Group, Inc. (“Group”);
WHEREAS, Xxxxxxx Xxxxxxxx (“Executive”) and MiMedx, Inc. are parties to an Employment Agreement
(the “Employment Agreement”) dated May 16, 2008; and
WHEREAS, the Board of Directors of Group has appointed Executive as Group’s Chief Financial Officer
effective September 22, 2009, and the parties believe that is in their best interests to assign the
Employment Agreement to Group so that Executive will become employed by Group for purposes of
completing the terms of the Employment Agreement;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledge, the parties hereto agree as follows:
| 1. | MiMedx hereby assigns and delivers all of its rights, duties and obligations under
the Employment Agreement to Group effective on the date and year first written above.
From and after the date of this Assignment, all references in the Employment Agreement to
the “Company” shall be deemed to refer to Group. |
| 2. | Group hereby assumes and agrees to pay, discharge and perform, as appropriate, all of
MiMedx’s obligations under the Employment Agreement arising after the date hereof. |
| 3. | The first sentence of Section 1 of the Employment Agreement is hereby amended to read
as follows: “Executive shall be employed by the Company as its Chief Financial Officer,
reporting to Company’s Chief Executive Officer.” |
| 4. | Except as otherwise provided herein, the Employment Agreement shall remain in full
force and effect. |
IN WITNESS WHEREOF, the parties have caused this Assignment to be executed as of the date and year
first written above.
Xxxxxxx Xxxxxxxx:
|
MiMedx, Inc. | |||||||||||
| /s/: Xxxxxxx X. Xxxxxxxx | By | /s/: Xxxxxxx X. Xxxxxxxx | ||||||||||
| Its | Chief Financial Officer | |||||||||||
| MiMedx Group, Inc. | ||||||||||||
| By | /s/: Xxxxxxx X. XxXxx | |||||||||||
| Its | Secretary | |||||||||||
