EMPLOYMENT AGREEMENT (As Amended and Restated January 18, 2008)Employment Agreement • March 7th, 2008 • Turbochef Technologies Inc • Refrigeration & service industry machinery • Delaware
TurboChef Technologies, Inc., a Delaware corporation, (“TurboChef”) and James A. Cochran (“Executive”) entered into an employment agreement (the “Employment Agreement”) effective October 28, 2003 (the “Effective Date”). TurboChef and Executive hereby amend and restate the Employment Agreement in its entirety in order to evidence formal compliance with Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”), and the guidance thereunder (collectively “Section 409A”) and to make other desired changes and clarifications. This revised Employment Agreement is effective upon execution and has the following terms and conditions:
TURBOCHEF TECHNOLOGIES, INC. STOCK OPTION FIXED EXERCISE AMENDMENT AGREEMENTStock Option Agreement • March 7th, 2008 • Turbochef Technologies Inc • Refrigeration & service industry machinery
PLEASE NOTE THAT BY YOUR SIGNATURE BELOW, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THIS ELECTION FORM AND AGREE TO THE AMENDMENT OF YOUR IDENTIFIED STOCK OPTION AGREEMENT(S) WITH RESPECT TO OPTIONS VESTED AFTER DECEMBER 31, 2004 (“STOCK OPTION AGREEMENTS”) AS DESCRIBED BELOW.
