CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, IS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. AMENDED AND RESTATED DEVELOPMENT AND...Certain • March 1st, 2011 • Xenoport Inc • Pharmaceutical preparations • Delaware
* CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, IS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED
RE: Release and Severance Agreement (the “Agreement”)Xenoport Inc • March 1st, 2011 • Pharmaceutical preparations
This Agreement confirms the terms upon which you and XenoPort, Inc. (“XenoPort” or the “Company”) have agreed for your departure.
AMENDED AND RESTATED CHANGE OF CONTROL AGREEMENTChange of Control Agreement • March 1st, 2011 • Xenoport Inc • Pharmaceutical preparations • California
This Amended and Restated Change of Control Agreement (the “Agreement”) is made and entered into by and between GIANNA M. BOSKO (the “Executive”) and XENOPORT, INC., a Delaware corporation (the “Company”), effective as of February 25, 2011 (the “Effective Date”). From and following the Effective Date, this Agreement shall replace and supersede that certain Change of Control Agreement between the Executive and the Company dated September 3, 2010 (the “Prior Agreement”). The Company and the Executive desire to amend and restate the terms of the terms of the Prior Agreement to eliminate the tax gross-up payment with respect to the excise tax liability, if any, under Section 4999 of the Internal Revenue Code of 1986, as amended (the “Code”) related to any excess parachute payment under Section 280G of the Code and to make other clarifying changes.
