MARCUS AND MILLICHAP, INC.Restricted Stock Unit Award Agreement • September 23rd, 2013 • Marcus & Millichap, Inc. • Real estate agents & managers (for others) • California
Unless otherwise defined herein, the terms defined in the Marcus and Millichap, Inc. 2013 Omnibus Equity Incentive Plan (the “Plan”) will have the same defined meanings in this Restricted Stock Unit Award Agreement (the “Award Agreement”).
FORM OF AMENDMENT, RESTATEMENT AND FREEZING OF STOCK APPRECIATION RIGHTS AGREEMENTStock Appreciation Rights Agreement • September 23rd, 2013 • Marcus & Millichap, Inc. • Real estate agents & managers (for others) • California
This Amendment, Restatement and Freeze of Stock Appreciation Rights Agreement (this “Agreement”) is made and entered into effective as of [ ], 2013 (the “Effective Date”) by and between Marcus & Millichap Real Estate Investment Services, Inc., a California corporation (the “Company”), and [ ] (“Employee”).
MARCUS AND MILLICHAP, INC. FORM OFStock Option Award Agreement • September 23rd, 2013 • Marcus & Millichap, Inc. • Real estate agents & managers (for others) • California
Unless otherwise defined herein, the terms defined in the Marcus and Millichap, Inc. 2013 Omnibus Equity Incentive Plan (the “Plan”) will have the same defined meanings in this Stock Option Award Agreement (the “Award Agreement”).
FORM OF TRANSITION SERVICES AGREEMENTTransition Services Agreement • September 23rd, 2013 • Marcus & Millichap, Inc. • Real estate agents & managers (for others) • Delaware
THIS TRANSITION SERVICES AGREEMENT (this “Agreement”) is made and entered into as of this [__]th day of [ ], 2013 between Marcus & Millichap, Inc., a Delaware corporation (“MMI”), and Marcus & Millichap Company, a California corporation, and its subsidiary M&M Corporate Services, Inc., a California corporation (together referred to herein as “MMC”) (collectively, the “parties” or individually a “party”).
MARCUS AND MILLICHAP, INC. FORM OFDeferred Stock Unit Award Agreement • September 23rd, 2013 • Marcus & Millichap, Inc. • Real estate agents & managers (for others) • California
Unless otherwise defined herein, the terms defined in the Marcus and Millichap, Inc. 2013 Omnibus Equity Incentive Plan (the “Plan”) will have the same defined meanings in this Deferred Stock Unit Award Agreement (the “Award Agreement”).
PRESIDENT AND CHIEF EXECUTIVE OFFICER EMPLOYMENT AGREEMENTEmployment Agreement • September 23rd, 2013 • Marcus & Millichap, Inc. • Real estate agents & managers (for others) • California
AGREEMENT made effective as of the 1st day of July, 2010, by and between MARCUS & MILLICHAP REAL ESTATE INVESTMENT SERVICES, INC. a California corporation, hereinafter referred to as “Company” and JOHN J. KERIN, hereinafter referred to as “Employee.”
FORM OF DEBT-FOR-EQUITY EXCHANGE AGREEMENTDebt-for-Equity Exchange Agreement • September 23rd, 2013 • Marcus & Millichap, Inc. • Real estate agents & managers (for others) • Delaware
This DEBT-FOR-EQUITY EXCHANGE AGREEMENT dated as of [•], 2013 (this “Agreement”), is made among MARCUS & MILLICHAP COMPANY, a California corporation (“MMC”), GEORGE M. MARCUS, WILLIAM A. MILLICHAP, THE DONALD AND BEVERLY LORENZ LIVING TRUST, DONALD A. LORENZ 2012 DYNASTY TRUST, BEVERLY J. LORENZ 2012 DYNASTY TRUST, and LORENZ CAPITAL ASSETS, L.P., a California limited partnership (collectively, the “Debt Holders”), and, solely with respect to Sections 4(b) and 5 through 12 hereof, MARCUS & MILLICHAP, INC., a Delaware corporation (“MMI”).
TAX MATTERS AGREEMENTTax Matters Agreement • September 23rd, 2013 • Marcus & Millichap, Inc. • Real estate agents & managers (for others)
This TAX MATTERS AGREEMENT (this “Agreement”) is entered into as of [ ], 2013, by and among Marcus & Millichap Company, a California corporation (“MMC”), and Marcus & Millichap, Inc., a Delaware corporation and a wholly owned subsidiary of MMC (“MMREIS”) (MMC and MMREIS are sometimes collectively referred to herein as the “Companies” and, as the context requires, individually referred to herein as the “Company”).
FORM OF SEPARATION AND DISTRIBUTION AGREEMENT BETWEEN MARCUS & MILLICHAP COMPANY AND MARCUS & MILLICHAP, INC.Separation and Distribution Agreement • September 23rd, 2013 • Marcus & Millichap, Inc. • Real estate agents & managers (for others) • California
THIS SEPARATION AND DISTRIBUTION AGREEMENT, dated as of [—], 2013, is by and between MARCUS & MILLICHAP COMPANY, a California corporation (“MMC”) and MARCUS & MILLICHAP, INC., a Delaware corporation (the “Company”). Capitalized terms used herein and not otherwise defined shall have the respective meanings assigned to them in Article I hereof.
FORM OF SALE RESTRICTION AGREEMENTSale Restriction Agreement • September 23rd, 2013 • Marcus & Millichap, Inc. • Real estate agents & managers (for others) • California
This Sale Restriction Agreement (this “Agreement”) is made and entered into effective as of [ ], 2013 (the “Effective Date”) by and between Marcus & Millichap Real Estate Investment Services, Inc., a California corporation (the “Company”), and [ ] (“Employee”).
