Re: Amended and Restated Employment AgreementEmployment Agreement • July 13th, 2007 • Hypercom Corp • Calculating & accounting machines (no electronic computers) • Arizona
On October 6, 2005, you executed a letter agreement constituting an offer of employment and your employment agreement (“Offer of Employment Agreement”) with Hypercom Corporation (“Hypercom” or the “Company”). Hypercom wishes to amend, replace and supersede your Offer of Employment Agreement with this employment agreement (the “Agreement”) which will become effective upon execution by you and Hypercom (the “Effective Date”).
CONSULTING AGREEMENTConsulting Agreement • July 13th, 2007 • Hypercom Corp • Calculating & accounting machines (no electronic computers) • Arizona
This Consulting Agreement (the “Agreement”) is entered into on this 11th day of July, 2007, by and between Hypercom Corporation, a Delaware corporation (“Company”) and William Keiper (“Consultant”).
HYPERCOM CORPORATION 2851 West Kathleen Road Phoenix, Arizona 85053 Phone: 602.504.5000 Fax: 602.504.4655 July 11, 2007 Mr. Philippe Tartavull 3550 Surfwood Road Malibu, California 90265 Re: Amendment to Your Employment Agreement with Hypercom...Employment Agreement • July 13th, 2007 • Hypercom Corp • Calculating & accounting machines (no electronic computers)
If Hypercom Corporation (“Company”) does not select you for the Chief Executive Officer (“CEO”) position to succeed William Keiper, and you separate from service with the Company during the “trial period” for any reason other than termination by the Company for Cause1, the Company will provide to you the separation payment and benefits described below. In addition, should the Company terminate your employment without Cause, or you terminate your employment for Good Reason, prior to commencement of the trial period, the Company will likewise provide you with the separation payment and benefits described below. For the purpose of this letter, the “trial period” begins on the first day on which the new CEO succeeds Mr. Keiper as the CEO of the Company (or on January 1, 2008, if no CEO has succeeded Mr. Keiper as of that date) and ends on a date six months from the date the CEO succeeding Mr. Keiper commences employment with the Company as CEO. To receive the payment and benefits described
SEPARATION AGREEMENT AND GENERAL RELEASESeparation Agreement • July 13th, 2007 • Hypercom Corp • Calculating & accounting machines (no electronic computers) • Arizona
This Separation Agreement and General Release (the “Agreement”) is entered into on this 11th day of July, 2007, by and between Hypercom Corporation, a Delaware corporation (“Company”), and William Keiper (“Executive”).
