SETTLEMENT AGREEMENTSettlement Agreement • May 11th, 2006 • Inter Tel Inc • Telephone & telegraph apparatus • California
This Settlement Agreement (this “Agreement”), dated as of May 5, 2006 (the “Effective Date”), is entered into among Inter-Tel, Incorporated (“Inter-Tel” or the “Company”), Steven G. Mihaylo (“Mr. Mihaylo”) and Summit Growth Management LLC, a wholly owned affiliate of Mr. Mihaylo (“Summit”). Each of the Company, Mr. Mihaylo and Summit are referred to individually as a “Party” and collectively as the “Parties”.
CONFIDENTIALITY AGREEMENTConfidentiality Agreement • May 11th, 2006 • Inter Tel Inc • Telephone & telegraph apparatus • California
In connection with your consideration of a possible acquisition of or business combination with (the “Transaction”) Inter-Tel, Incorporated (the “Company”), we have agreed to provide to each other and our respective Representatives (as defined below) certain non-public information regarding the Company and you. In consideration of, and as a condition to, such information and any other information (whether in oral or written form, electronically stored or otherwise) being furnished to each of us or any of our affiliates, directors, officers, employees, advisors (including, without limitation, financial advisors, financing sources, attorneys and accountants), agents, representatives or “controlling persons” (within the meaning of the Securities Exchange Act of 1934, as amended (the “1934 Act”)) who are actively and directly participating in the evaluation of the proposed Transaction and the exchange of information (such persons for either you or the Company being herein referred to colle
