EMPLOYMENT AGREEMENTEmployment Agreement • July 10th, 2003 • Interactivecorp • Transportation services • Delaware
THIS EMPLOYMENT AGREEMENT ("Agreement") is entered into by and between Douglas R. Lebda ("Employee") and Forest Merger Corp., a Delaware corporation (the "Company"), dated as of May 5, 2003 (the "Agreement Date"), and, except for the provisions of Section 2 of the Standard Terms and Conditions, which shall be effective as of the Agreement Date, this Agreement is effective as of the Effective Date (as defined below). In the event that the Merger Agreement (as defined below) is terminated, this Agreement shall be void ab initio and of no further force and effect, and the Prior Agreements (as defined below) shall become immediately effective and binding in full on the parties as if Employee's rights under the same had never been waived by this Agreement. All capitalized terms used but not defined herein shall have the meaning set forth in the Merger Agreement.
AMENDED AND RESTATED RESTRICTED SHARE GRANT AND SHAREHOLDERS' AGREEMENT dated as of July 7, 2003 among Forest Merger Corp., LendingTree Inc., InterActiveCorp (formerly known as USA Interactive) and the GranteesRestricted Share Grant and Shareholders' Agreement • July 10th, 2003 • Interactivecorp • Transportation services • Delaware
The Company, Forest Merger Corp., a Delaware corporation ("Merger Sub") and Parent are parties to the Agreement and Plan of Merger dated May 5, 2003 (the "Merger Agreement") pursuant to which, at the Effective Time of the Merger (as such term is defined in the Merger Agreement), Merger Sub shall be merged with and into the Company, with the separate corporate existence of the Merger Sub ceasing and the Company continuing as the surviving corporation (the "Merger").
