David R. Hathaway, MD Dear David:HeartWare International, Inc. • February 26th, 2009 • Surgical & medical instruments & apparatus • Massachusetts
In light of the fact that changes need to be made to your existing employment letter agreement in order to ensure compliance with Section 409A of the Internal Revenue Code of 1986, and to update the terms of your employment to reflect HeartWare, Inc.’s (the “Company”) current employment practices, we set forth below the terms and conditions of your continuing employment with us:
