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EXHIBIT 10.16
NOTE
$250,000 Pleasanton, California
January 31, 1997
FOR VALUE RECEIVED, Xxxxxxx X. Xxxxxxx ("Borrower") promises to pay to
ProBusiness, Inc., a California corporation (the "Company"), the principal sum
of Two Hundred Fifty Thousand Dollars ($250,000) together with interest on the
unpaid principal hereof from the date hereof at the rate of 6.10% per annum,
compounded annually.
Beginning on the date twenty-five months from the date hereof, Xxxxxxxx
promises to pay to the Company on a monthly basis accrued interest on the
aggregate amount of outstanding principal and accrued but unpaid interest under
this Note on the date twenty-four months from the date hereof. All outstanding
principal and accrued but unpaid interest shall be due and payable forty-eight
months from the date of this Note. Payments of principal and interest shall be
made in lawful money of the United States of America.
Notwithstanding the foregoing, in the event Xxxxxxxx's employment with
the Company terminates, Borrower promises to the Company all outstanding
principal and accrued but unpaid interest under this Note on the date (i) twelve
months from the date employment termination, if Borrower voluntarily terminates
employment with the Company, with interest accruing during such twelve months to
be paid on a monthly basis, or (ii) twenty-four months from the date of
employment termination, if the Company terminates Borrower's employment for any
reason. Provided however, in no event shall the outstanding principal and
accrued but unpaid interest under this Note be due and payable later than the
date forty-eight months from the date of this Note.
The undersigned may at any time prepay all or any portion of the
principal or interest owing hereunder.
The holder of this Note shall have full recourse against the
undersigned in the event of default.
Should any action be instituted for the collection of this Note, the
reasonable costs and attorneys' fees therein of the holder shall be paid by the
undersigned.
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Xxxxxxx X. Xxxxxxx
000 Xxxx Xxxxxx
Xxxxxxxx, XX 00000
