ContractOpenwave Systems Inc • May 12th, 2004 • Services-prepackaged software
This letter sets forth the terms of your employment at Openwave Systems Inc. (the “Company”) and memorializes that to which we previously agreed. This letter supersedes all prior agreements relating to the terms of your employment, except for the Change of Control Severance Agreement dated October 12, 2001, between you and the Company (the “Change of Control Agreement”) and the Confidentiality and Invention Assignment Agreement dated September 1, 2002 (the “Confidentiality and Invention Assignment Agreement”). As we previously agreed, the terms set forth below are effective as of January 1, 2004. Capitalized terms used in this letter have the meanings set forth on the attached
OPENWAVE SYSTEMS INC. STOCK OPTION AGREEMENT (Non-U.S. Optionees)Stock Option Agreement • May 12th, 2004 • Openwave Systems Inc • Services-prepackaged software • California
Due to Brazilian foreign exchange laws, your Option is exercisable only on a “Cashless/Same-day Sale” basis. There are two types of Cashless/Same-day Sale exercises: “Full Cashless/Same-day Sale” and “Partial Cashless/Same-day Sale.” If you elect to do a “Full Cashless/Same-day Sale” exercise, you will: (a) sell all of the Shares that you are entitled to at exercise; and (b) receive the sale proceeds in cash less deductions for the Exercise Price, withholding taxes and brokerage fees, if any. If you elect to do a “Partial Cashless/Same-day Sale” exercise, you will: (a) sell only enough Shares to cover the Exercise Price, withholding taxes and brokerage fees, if any; and (b) instruct the broker to hold the remaining Shares on your behalf.
OPENWAVE SYSTEMS INC. STOCK OPTION AGREEMENT (U.S. Optionees)Stock Option Agreement • May 12th, 2004 • Openwave Systems Inc • Services-prepackaged software • California
