LOCK-UP AGREEMENT [Note: Form is set up as an individual form to be signed by each person separately.] [Date]Lock-Up Agreement • October 4th, 2006 • Ithaka Acquisition Corp • Blank checks
In connection with the Agreement and Plan of Merger dated October 3, 2006 by and among Ithaka Acquisition Corp. (“Parent”), Ithaka Sub Acquisition Corp., Alsius Corporation and certain shareholders of Alsius Corporation (the “Merger Agreement”), to induce Parent to enter into the Merger Agreement and consummate the Merger (as defined in the Merger Agreement), the undersigned agrees to, neither directly nor indirectly, during the “Restricted Period” (as hereinafter defined):
ESCROW AGREEMENTEscrow Agreement • October 4th, 2006 • Ithaka Acquisition Corp • Blank checks • New York
ESCROW AGREEMENT (“Agreement”) dated [Closing Date] by and among ITHAKA ACQUISITION CORP., a Delaware corporation (“Parent”), KURT WHEELER and WENDE HUTTON, being the joint representative of the former shareholders and noteholders of ALSIUS CORPORATION, a California corporation (the “Representative”), and CONTINENTAL STOCK TRANSFER & TRUST COMPANY, as escrow agent (the “Escrow Agent”).
