NOVABAY PHARMACEUTICALS, INC. PERFORMANCE RESTRICTED STOCK UNIT AWARD AGREEMENTPerformance Restricted Stock Unit Award Agreement • November 12th, 2021 • NovaBay Pharmaceuticals, Inc. • Pharmaceutical preparations • Delaware
This PERFORMANCE RESTRICTED STOCK UNIT AWARD AGREEMENT (this “Agreement”), dated as of November 8, 2021(the “Effective Date”), is between NovaBay Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and the participant named below (“Participant”). This equity award is granted under the NovaBay Pharmaceuticals, Inc. 2017 Omnibus Incentive Plan (the “2017 Plan”) and is subject to the terms of the 2017 Plan. A copy of the 2017 Plan will be furnished upon the request of Participant. This Agreement represents the Company’s unfunded and unsecured promise to issue common stock of the Company, $0.01 par value (“Common Stock”), at a future date, subject to the terms of this Agreement and the 2017 Plan. All capitalized terms used in this Agreement and not otherwise defined in this Agreement shall have the meanings assigned to them in the 2017 Plan, unless specifically set forth herein.
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • November 12th, 2021 • NovaBay Pharmaceuticals, Inc. • Pharmaceutical preparations • Kansas
THIS EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into as of November 5, 2021 by and between DERMAdoctor, LLC, a Missouri limited liability company (“Company”) and Audrey Kunin (“Executive”). This Agreement is conditioned upon and will become effective on the closing (the “Closing”) of the acquisition transaction (the “Acquisition”) contemplated by the Membership Unit Purchase Agreement, dated September 27, 2021 (“Purchase Agreement”), by and among NovaBay Pharmaceuticals, Inc. (“NovaBay”), the Company, and holders of 100% of the membership units of the Company. Executive is a founder of the Company, served as an executive officer of the Company and was formerly a majority owner of the Company, holding 82.238% of its equity through ownership of Papillon Partners, Inc., prior to the Closing. As of the Closing, the Company shall become the wholly-owned subsidiary of NovaBay and NovaBay shall become the sole manager of the Company (“Manager”), acting through its Chief Executive
November 5, 2021Side Letter • November 12th, 2021 • NovaBay Pharmaceuticals, Inc. • Pharmaceutical preparations
