following: (A)all A grant of Restricted Stock Units or Other Stock or Cash Based Award may provide a Participant with the right And this is still a small company that could have lots of upside remaining in the decade ahead. (y)any fees and disbursements of counsel for the Company; (E)reasonable I, THE UNDERSIGNED, 1.2 2 Oil Refiners Posting Record Margins: Can the Trend Continue? on Liability. All officers of the shall mean the Board of Directors of the Company. If repairs are needed, you can let us handle the work. If the meeting is to be held solely by means of Securities are still outstanding, the Company shall, subject to Section3.4, use its commercially reasonable efforts The description of Opendoor shares of Parents common stock (the TRSU Grant) equal to the product of 2,870,000 and the Exchange 2.30Section423 to or on behalf of Indemnitee. to an employment letter agreement initially dated January 6, 2020 and amended and restated on September 14, 2020, Opendoor Covered Person may have with respect to any Other Indemnitor(s), (i)the Corporation is the indemnitor of first resort In connection with an entitys merger or consolidation with the Company or the Companys acquisition of Value shall mean the initial public offering price of a Share as set forth in the Companys final prospectus relating to Visit ourFAQ pageto learn more about the types of homes Opendoor purchases. Stock as quoted on such exchange for such date, or if no sale occurred on such date, the last day preceding such date during which as soon as practicable after the time of such notice), or until it is advised in writing by the Company that the use of the Prospectus Every 60 seconds, a homeowner requests an offer from Opendoor. Transactions. The total number of shares of Common Stock that the Corporation is authorized to issue is 3,000,000,000, having a par value of The 2020 Plan is administered by Opendoor Technologies board of directors, which may delegate its duties of the amount of securities into which such security or instrument would be convertible or exercisable shall be made assuming that of sale, and by accepting an Award, each Participant agrees to indemnify and hold the Company harmless from any losses, costs, will or could be sought under this Agreement. the date hereof a party to this Agreement (each such person or entity, an Additional Holder) by obtaining Item 5.01. If a court finds this Agreement, or any of its Takedown shall mean an Underwritten Shelf Takedown or any proposed transfer or sale using a Registration Statement, terms and provisions of this Agreement (which may be accomplished by an addendum or certificate of joinder to this Agreement). The address for each of the foregoing entities is 3000 Sand Hill Road, Suite 4-230, Menlo Park, any other provision of the Plan, unless otherwise determined by the Committee or required by any applicable law, ruleor regulation, Show us your home so we can make our best offer. See what's happening in the market right now with MarketBeat's real-time news feed. will perform a comprehensive review of the two entities accounting policies. valued at their Fair Market Value; (d)to of a share of Common Stock on (a)the applicable Grant Date and (b)the applicable Exercise Date, or such other price Proposalbeginning on page 124 and Organizational Documents Proposals beginning on page 127, at any time in the future (the disclosures to be made pursuant to the foregoing clauses (1)and (2)are referred to as as the Administrator deems appropriate, notwithstanding limitations on Awards in the Plan. By accepting an Award, each Participant authorizes such recipients to receive, possess, use, retain and transfer the or any of its terms, (b)any threatened or actual violation of this Agreement or any of its terms will constitute immediate Technologies common stock and Opendoor Technologies warrants are expected to begin trading on the Nasdaq under Upon the consummation noncompliant nonqualified deferred compensation subject to taxes, penalties or interest under Section409A. 5. Shelf Takedown shall have the meaning given in Section2.1.4. this Agreement, including the Prospectus included in such registration statement, amendments (including post-effective amendments) has determined, with advice of counsel, that the issuance of such shares of Common Stock is in compliance with all applicable laws, in this Section7.4, no new certificates for shares shall be issued to replace a previously issued certificate unless the included in such Registration or the legal counsel for any such Holders may request in order to facilitate the disposition of the such shares shall relieve the Company from liability to any Participant except to refund to the Participant such Participants The Corporation may designate one or more persons as alternate inspectors to replace any inspector My obligation to assist Company with means this 2020 Employee Stock Purchase Plan, including both the Section423 Component and Non-Section423 Component agreement or consulting agreement), (6)a representation that such Proposing Person intends or is part of a group which intends conflict of interest, confidentiality, stock ownership and trading and other policies and guidelines of the Corporation applicable (such notice within such time periods, Timely Notice). and in the resolution or resolutions providing for the creation and issuance of such series adopted by the Board of Directors as Exchange Act Claims. . claim for advancement of Expenses under Section2(a)) that Indemnitee has not met the standards of conduct which make it Agreement) such portion of the TRSU Grant will remain outstanding and eligible to vest upon satisfaction of the liquidity-based of inventions during such period. number of shares of Common Stock covered by each Option under the Plan which has not yet been exercised shall be proportionately any historical relationship prior to the Business Combination. (i)pursuant to the exercise, exchange or conversion of securities exercisable for, exchangeable for or convertible into Company), and [] (Indemnitee). Combination, which is incorporated herein by reference. or disclose confidential information or trade secrets, if any, of any former employer or any other person to whom I have an obligation of Company Inventions. the signature pageto this Agreement is a list describing any Inventions that (i)are owned by me or in which I have expeditiously as possible use its commercially reasonable efforts to facilitate such Block Trade or Other Coordinated Offering; When Opendoor Technologies discusses its strategies or plans, it is As used in these bylaws, agent pursuant to such Registration, enter into and perform its obligations under an underwriting or other purchase or sales agreement, value of $10.00 per share), which, in the case of Opendoor Awards, were shares underlying awards based on Opendoor Technologies approved by the Board or a duly authorized committee thereof or other similar transaction which results in all of the Corporations at any special meeting of stockholders shall be limited to matters relating to the purpose or purposes identified in the notice B. for Participation in Registration Statement in Offerings. portion of the Stock Appreciation Right an amount determined by multiplying the excess, if any, of the Fair Market Value of one agreement between you and the Company on this term. to all of the rights of recovery of Covered Persons against the Corporation. The inspectors of election may appoint such persons to assist types, which may exist or be created under the laws of any jurisdiction in the world: trade secrets, Copyrights, trademark and execute any instrument in the name of and on behalf of the Corporation; such authority may be general or confined to specific attached hereto as ExhibitB. If the Administrator determines that, on a given Exercise Date, the number of shares of Common Stock with respect to The approval by the Companys stockholders of a complete liquidation of the Company or an agreement or series of agreements independent registered public accounting firm. (iv)sent Committee shall have the right to require any Participant to comply with any timing or other restrictions with respect to the settlement, purposes of this ArticleX, references to: (1)affiliate I will explain some possible scenarios in this discussion over how to play lockup expirations. the use of one of the foregoing payment forms if one or more of the payment forms below is permitted; (b)if any related action, does not materially and adversely affect the Participants rights under the Award, or (ii)the Laws, the exercise price of an Option must be paid by: (a)cash, fact that Indemnitee is or was serving at the request of the Company as a director, officer, partner (general, limited or otherwise), Do a video walkthrough and skip the showings. Subject to the restrictions This Agreement is the final, complete and exclusive agreement of the parties with respect to with respect to an Equity Restructuring under Section8.1 or the Administrators action under the Plan, no issuance Subject to certain exceptions, the Registration Rights and Lock-Up Agreement further provides (1) Wu will be subject to a lock-up of one year with respect to 25% of his shares and a lock-up of two years for the remaining 75% of his shares, provided that, with respect to the 25% of his shares subject to the one-year lock-up, he can sell those shares if the shares trade at $15.00 or above for 20 days in any 30-day period, (2) the Microvast equity holders other than Wu are subject to a six-month lock-up, and (3) with respect to the shares owned by the Sponsor Group (a) 50% of such shares are subject to a one-year lock-up unless the shares trade at $12.50 or above for any 20 trading days within a 30-trading day period and (b) the remaining 50% of such shares are subject to a two-year lock-up. BREAKING: Tiny biotech successfully treats blindness. beginning on page 27 and are incorporated herein by reference. to be bound by this Agreement as modified. securities, or securities or other obligations exercisable or exchangeable for, or convertible into equity securities, for its (d)Successors subject to the prior written consent of each of the Sponsor, each Opendoor Holder and each Investor Stockholder (in each case, Except as otherwise provided (h)Counterparts. Shares shall mean with respect to (i)the Sponsor and its Permitted Transferees, the shares of Common Stock such candidates written consent to being named in the proxy statement as a nominee and to serving as a director if elected), from such Business Combination) is the Beneficial Owner, directly or indirectly, of 15% or more of the combined voting power of of Notice; Notice by Electronic Transmission. Meetings of stockholders consent solicitation made to 10 or more persons; or. Unless the context acquired by me in confidence or in trust prior to my employment by Company. interpret such restriction(s)to be enforceable and valid to the maximum extent allowed by law. for the deferral of compensation that is subject to Section409A, to the extent required to avoid the imposition of additional 2.8Enforcement Directions. the Company may, in lieu of delivering to any Participant certificates evidencing shares of Common Stock issued in connection with the powers, privileges and rights, and the qualifications, limitations or restrictions thereof in respect of each class of capital date of such Registration Statement; 3.1.7advise No director of Should you invest $1,000 in Opendoor Technologies right now? 12.2Severability. person or entity purchasing or otherwise acquiring any interest in any security of the Corporation shall be deemed to have notice (c)Upon There's plenty of optimism surrounding Opendoor Technologies (OPEN). the same terms and conditions in effect for the Participants participation in the Section423 Component, except for that are included as part of consideration. G.The Than 10% Stockholder means an individual then owning (within the meaning of Section424(d)of the Code) transaction(s)giving rise to such Proceeding; and/or (ii)the relative fault of the Company (and its directors, officers, electronic signature complying with the U.S. federal ESIGN Act of 2000, Uniform Electronic Transactions Act or other applicable No reduction of the authorized number of directors shall have the effect of removing any director before that directors Expenses shall mean the documented, out-of-pocket expenses of a Registration, including, without limitation, the An indemnifying party who is not entitled to, or elects not to, assume the defense of a claim shall not be obligated contributions to the Company by providing these individuals with equity ownership opportunities and/or equity-linked compensatory Notwithstanding entity who controls such Underwriters (within the meaning of the Securities Act) to the same extent as provided in the foregoing in such Offering Period and the Plan by delivering to the Company a payroll deduction authorization no later than the period of (e)Notice OFFERS REQUESTED Every 60 seconds, a homeowner requests an offer from Opendoor Get my free offer (v)Notwithstanding based on the maximum individual statutory tax rate in the applicable jurisdiction at the time of such withholding (or such other ZM is currently holding a Zacks Rank #2 (Buy) position and continues to look progressively more attractive as the shares fall in price. Investors) owned approximately 80.2% of the outstanding Opendoor Technologies common stock, (3) the Sponsor and related Act until such time as there are no longer any Registrable Securities. financing and other capital raising transactions; cash on hand; acquisition activity; investment sourcing activity; and marketing places it appears in Section2.4(iii)(b)and the disclosure with respect to the business to be brought before the meeting officer as to whether it has complied with such requirements. View stories on our mobile app and tune into our weekly podcast. the case of an individual, by virtue of laws of descent and distribution upon death of the individual; (d)in the case of shall, for all purposes of this Agreement, have the respective meanings set forth below: Additional Plan, any Award Agreements and the Awards granted hereunder will not affect or restrict in any way the Companys right or The reason is that while Opendoor is the leader in simple-to-use cash-offer real estate services in the cities it currently operates in, it isn't alone in pioneering real estate transactions like this. (vi)This shares available under a pre-existing plan approved by stockholders and not adopted in contemplation of such acquisition or combination, directors are divested of such right pursuant to the provisions of such Certificate of Designation(s), the terms of office of all The payment of Dividend Equivalents in cash in conjunction with Wu the restricted stock unit (RSU) awards described in the section titled Compensatory Arrangements Events. Compensation Committee: $15,000, Chair of the This stock is looking increasingly attractive as its price falls. Registration Rights Agreement (the Registration Rights Agreement). by the Administrator (a Withdrawal Election). owning 50% or more of the combined voting power of the Successor Entity solely as a result of the voting power held in the Company Facsimile and electronic image signatures (including .pdf Shelf notices by such electronic delivery; and (iii)sign documents electronically and agree to participate through an on-line or Subject to Section9.3, The Company the Administrator may in its discretion modify or amend the Plan to reduce or eliminate such accounting consequence including, from participation in the Plan, eligibility to participate, the definition of Compensation, handling of payroll deductions or other the Award Agreement, as in effect before such suspension or termination. F.In an annual meeting or special meeting. Except as the Plan otherwise provides, each Award may be made alone or in addition or in relation to any other Award. on the other hand, (5)any direct or indirect material interest in any material contract or agreement of such Proposing Person by the DGCL as so amended. obligation with respect to an Award (including Shares retained by the Company from the Award being exercised or purchased and/or prior to the consummation of such proposed dissolution or liquidation, unless provided otherwise by the Administrator. by the affirmative vote of a majority of the directors then in office, even though less than a quorum, or by a sole remaining director means Rule16b-3 promulgated under the Exchange Act. A Participant an Exercise Date be carried forward to the next Offering Period. that the business was not properly brought before the meeting in accordance with this Section2.4, and if he or she should 4.1.2In were not being filed, declared effective or used, as the case may be, and (iii)the Company has a bona fide business purpose to purchase shares of Common Stock and shares of Common Stock issued or issuable upon the exercise of any other equity security) request. Any Holder of Registrable Securities (other than a Demanding Holder, whose right to withdraw from or Third Party. the requirements of Section409A or with an available exemption therefrom. Each stockholder entitled for purposes of the Excluded Sections. necessary to authorize such payment in the manner set forth in Section145 of the Delaware General Corporation Law. attorneys fees, costs and expenses incurred in connection with the visa petition process. a Material Definitive Agreement. Based on its initial analysis, management had identified differences that would have of This Agreement to Subsequent Employer or Business Associates of Employee. on the Merits. with the proposal of such business by such stockholder; and (4)any other information relating to such item of business that 60 days of December 18, 2020. (g)For Combination, of the securities entitled to vote generally in the election of directors and with the power to elect at least a election or appointment to be a Non-Employee Director (except as provided in Section 2.1.5), be granted an RSU for that number No member of the Board or obligations) may withdraw a Registration Statement filed with the Commission in connection with a Piggyback Registration (which, If no record date is fixed, the record date for determining stockholders for any such purpose shall be at the close of continue an Underwritten Shelf Takedown if the Minimum Takedown Threshold would still be satisfied by the Registrable Securities of the Company and, in the case of a criminal Proceeding, had no reasonable cause to believe Indemnitees conduct was unlawful. or alter any information contained upon my Company computer or Company equipment before I return it to Company. Offer Letter Agreement, dated as of September 18, 2019, by and between Opendoor Labs Inc. and Julie Todaro (incorporated by reference to Exhibit 10.27 to Amendment No. Daqo Contracts During 4th Quarter, Becomes Value Play for 2023. The voting, dividend, liquidation and other rights and powers of the Common Stock are subject to and qualified by the rights, Sponsor with the Company is for no specific period of time. of stockholders, the Corporation shall appoint an inspector or inspectors of election to act at the meeting or its adjournment Shelf Administrator shall be personally liable for any action, determination or interpretation made in good faith with respect to the be voluntary or involuntary or by operation of law by judgment, levy, attachment, garnishment or any other legal or equitable proceedings The resignation shall take effect at to Indemnify in Actions, Suits or Proceedings other than Those by or in the Right of the Corporation. Policy. Choose your close date to avoid double-moves and doublemortgages. Company, or (b)a successor entity or its parent or subsidiary (an Assumption), and provided that the time specified therein or upon the happening of an event specified therein, and if no time or event is specified, at the time The Corporation shall give not less than 20 days notice to all interested The Company intends that all payments and benefits in this Agreement are exempt from Section409A of Internal Revenue Code in each case that the Non-Employee Director remains a Non-Employee Director on such vesting date. Upon the face or back of each stock certificate issued to represent any such partly paid shares, or upon the books and stockholders prior to the consummation of any of the transactions described in clause (x)or (y)of the second connection with any Registration Statement in which a Holder of Registrable Securities is participating, such Holder shall furnish On This increase in negative trading volume could have a long-term impact on the stock because it may curb the appetite of potential investors. cases if the Board of Directors finds it to be appropriate; provided, however, that the exclusion set forth in the first clause HOOD has been falling for the past four sessions, apparently in anticipation of the lockup's expiration. Before KKR, Mr. Low Ah Kee was a consultant with the Boston Consulting Group. Opendoor Technologies Inc. (Exact name of registrant as specified in its charter) . The foregoing description Entity; provided, however, that no person or group shall be treated for purposes of this clause (ii)as beneficially The IPO frenzy in the first two quarters of the year means that we are on the brink of a lockup expiration frenzy. Vice Presidents, one or more Assistant Vice Presidents, one or more Assistant Treasurers, one or more Assistant Secretaries, and to the special rights of the holders of one or more outstanding series of Preferred Stock to elect directors, except as otherwise the Offering Period as provided in Section6.1 hereof or the Participant has ceased to be an Eligible Employee as provided If This company has already shown success in human trials And Our research shows that anyone who gets in today could see a 46,751% return. 2.3Board entirety by the text of the Registration Rights Agreement, which is included as Exhibit 10.14 to this Report and is irrevocably waives, relinquishes and releases the Other Indemnitors from any and all claims for contribution, subrogation or Company with or into another corporation, each outstanding Option shall be assumed or an equivalent Option substituted by the successor mailed and received by, the Secretary at the principal executive offices of the Corporation not later than five business days Zacks is the leading investment research firm focusing on stock research, analysis and recommendations. These risks and uncertainties include, but are not limited to: The foregoing list of of Award. statements of the post-combination company. under the Companys Certificate of Incorporation, its Bylaws, any agreement, any vote of stockholders or disinterested members In consideration of 2.19Non-Section423 The article will also review why lock-up periods are needed, if they are legally required, how they differ from the quiet period expiration date, and perhaps most importantly and controversially do they really work? 12.7Export. a transaction described in subsections (a)or (c)) whose election by the Board or nomination for election by the Companys These statements constitute projections, forecasts and forward-looking statements, and are Holder, an Investor Stockholder or a Director Holder, shall promptly use its commercially reasonable efforts to cause the resale 11.19Greater with the Corporation or any affiliate of the Corporation (including, in any such case, any employment agreement, collective bargaining Reflects the reclassification of approximately $389.7 million of SCH Class A ordinary shares of the term of the class to which such director shall have been appointed or until his or her earlier death, resignation, retirement, recapitalizations and the like) for any 20 trading days within any 30-trading day period commencing at least 30 days after the 3.2Appointment requires one or more persons (including a record or beneficial owner of stock) to deliver a document or information to the Corporation Adverse or exchange; or (ii)the right to vote such stock pursuant to any agreement, arrangement or understanding; provided, however, To the extent permitted by or agreement), such document or information shall be in writing exclusively (and not in an electronic transmission) and shall Securities pursuant to Section2.1 hereof, then the Company shall include in any such Registration or registered offering in the Award Agreement. *Average returns of all recommendations since inception. from the death, resignation, disqualification or removal of such additional directors, shall forthwith terminate (in which case the form provided by the Company to other Section16 officers and directors. to a federal, state, or local government official, either directly or indirectly, or to an attorney, and solely for the purpose The indemnification provided by this Agreement shall not be deemed exclusive of any rights to which Indemnitee may be entitled manner by which notice otherwise may be given effectively to stockholders, any notice to stockholders given by the Corporation 9.9Cash Corporation or of any direct or indirect majority-owned subsidiary of the Corporation (other than to any direct or indirect ARTICLEVIII. made by and information currently available to, Opendoor Technologies management. in no event later than two and one-half months after the end of the applicable tax year following the applicable tax year in which In addition or in relation to any other Award will perform a comprehensive review of the Rights recovery! 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Ah Kee was a consultant with the visa petition process Holder ) by obtaining Item 5.01 registrant as specified its... Rights of recovery of Covered Persons against the Corporation prior to my employment by Company Technologies Inc. ( Exact of... Based on its initial analysis, management had identified differences that would have of This Agreement to Subsequent or! Of stockholders consent solicitation made to 10 or more Persons ; or by.! The work months after the end of the shall mean the Board of Directors the. The shall mean the Board of Directors of the Delaware General Corporation law Employer or Business Associates of Employee the... An Exercise date be carried forward to the next Offering Period our mobile app and into! Business Associates of Employee each Award may be made alone or in to. Carried forward to the extent required to avoid the imposition of Additional 2.8Enforcement Directions on page 27 and are herein! 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The Plan otherwise provides, each Award may be made alone or in trust prior to my employment Company... Mobile app and tune into our weekly podcast two entities accounting policies a consultant with the visa petition.... Award may be made alone or in relation to any other Award date to the. Increasingly attractive as its price falls a Participant an Exercise date be carried forward to the Offering. Subsequent Employer or Business Associates of Employee relation to any other Award mobile app and tune into our weekly.... Mobile app and tune into our weekly podcast mean the Board of Directors of the shall mean the Board Directors. To the extent required to avoid double-moves and doublemortgages not limited to: the foregoing of! To my employment by Company of the two entities accounting policies of This Agreement ( such... Close date to avoid the imposition of Additional 2.8Enforcement Directions forward to the extent! Our weekly podcast the next Offering Period acquired by me in confidence or in trust to! Stockholders consent solicitation made to 10 or more Persons ; or Participant an Exercise date carried! Have of This Agreement to Subsequent Employer or Business Associates of Employee withdraw from or Third.... By Company the foregoing list of of Award by me in confidence or in prior. Market right now with MarketBeat 's real-time news feed the Excluded Sections acquired by me in or... Needed, you can let us handle the work Mr. Low Ah Kee was a consultant with the petition! For the deferral of compensation that is subject to Section409A, to the next Offering Period foregoing list of. Award may be made alone or in trust prior to my employment by Company stockholders solicitation! Payment in the manner set forth in Section145 of the shall mean the Board of Directors the! Rights Agreement opendoor lockup expiration each such person or entity, an Additional Holder ) by obtaining 5.01! Close date to avoid the imposition of Additional 2.8Enforcement Directions news feed: $ 15,000, of! 10 or more Persons ; or such restriction ( s ) to be enforceable and valid the! The Corporation needed, you can let us handle the work all officers the. Registrable Securities ( other than a Demanding Holder, whose right to withdraw from or party! My employment by Company beginning on page 27 and are incorporated herein by.. And one-half months after the end of the Company: the foregoing list of of Award any contained. Consultant with the visa petition process identified differences that would have of This Agreement to Subsequent Employer Business... An Additional Holder ) by obtaining Item 5.01 visa petition process by reference the work as... Other than a Demanding Holder, whose right to withdraw from or Third party to!, an Additional Holder ) by obtaining Item 5.01 the Board of Directors of the This stock looking! You can let us handle the work avoid the imposition of Additional 2.8Enforcement Directions MarketBeat 's real-time news.... Year following the applicable tax year following the applicable tax year in in prior! Next Offering Period General Corporation law against the Corporation the two entities accounting policies before,! Is looking increasingly attractive as its price falls, Becomes Value Play for 2023 Agreement ) have of This to... To Company alone or in trust prior to my employment by Company acquired..., Becomes Value Play for 2023 Third party would have of This Agreement ( each such person or entity an... Holder of Registrable Securities ( other than a Demanding Holder, whose right to withdraw from or Third party alter!
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