EMPLOYMENT AGREEMENTEmployment Agreement • July 20th, 2007 • Masimo Corp • Electromedical & electrotherapeutic apparatus
THIS EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into as of this 19th day of July, 2007, by and between Masimo Corporation, a Delaware corporation (“Company”), and Joe E. Kiani (“Executive”).
MASIMO CORPORATIONMasimo Corp • July 20th, 2007 • Electromedical & electrotherapeutic apparatus
Through this letter, you are being offered the opportunity to become a participant in the Plan before the three years of service specified in the Plan, and thereby to be eligible to receive the basic, change in control, and voluntary severance benefits described below. A copy of the Plan is attached to this letter. You should read it carefully and become comfortable with its terms and conditions, and those set forth below.
Shares Masimo Corporation Common Stock PURCHASE AGREEMENTPurchase Agreement • July 20th, 2007 • Masimo Corp • Electromedical & electrotherapeutic apparatus • New York
Masimo Corporation, a Delaware corporation (the “Company”), and the stockholders of the Company listed in Schedule I hereto (the “Selling Stockholders”) severally propose to sell to the several Underwriters named in Schedule II hereto (the “Underwriters”) an aggregate of shares (the “Firm Shares”) of Common Stock, $0.001 par value per share (the “Common Stock”), of the Company. The Firm Shares consist of authorized but unissued shares of Common Stock to be issued and sold by the Company and outstanding shares of Common Stock (the “Selling Stockholder Shares”) to be sold by the Selling Stockholders. The Company has also granted to the several Underwriters an option to purchase up to additional shares of Common Stock, on the terms and for the purposes set forth in Section 3 hereof (the “Option Shares”). The Firm Shares and any Option Shares purchased pursuant to this Purchase Agreement are herein collectively called the “Securities.”
