GIGAMON LLC OPTION REMEDIATION AGREEMENTOption Remediation Agreement • March 25th, 2013 • Gigamon LLC • Services-computer processing & data preparation • California
As the parties have discussed, Optionee holds certain options to purchase units of Gigamon Systems LLC. The options were granted with a per share exercise price that is likely below the fair market value of the underlying units at the time of grant and therefore are subject to regulation by Internal Revenue Code Section 409A. The options were modified in December 2009 in a manner that purported to make them comply with Section 409A, but the modification was likely ineffective for technical reasons.
