EX-10.36
from S-4
25 pages
Whereas, in Connection Herewith, the Board Has Approved the Momentive Performance Materials Holdings LLC 2011 Equity Incentive Plan (The “2011 Plan”) Under Which the Company May, From Time to Time, Issue Equity Awards to Selected Members of Management of the Company, Its Subsidiaries or Affiliates and the Apollo Group (Each as Hereinafter Defined). Now, Therefore, in Consideration of the Premises and of the Mutual Covenants and Obligations Hereinafter Set Forth, the Parties Agree as Follows: Section 1. Definitions; Rules of Construction. (A) as Used in This Agreement
12/34/56
EX-10.16
from S-4
16 pages
Whereas, Concurrently With the Execution of the Purchase Agreement, as a Condition and Inducement to the Parent’s Willingness to Enter Into the Purchase Agreement, the Company and the Executive Entered Into a Definitive Term Sheet With Respect to the Executive’s Employment by the Company Upon Closing of the Transaction (The “Term Sheet”); and Whereas, This Agreement Is Intended to Replace the Term Sheet Effective as of the Effective Date (As Defined Below) and Execution Hereof by the Parties Hereto; and Whereas, in Connection With the Transaction, the Company Desires to Employ the Executive and the Executive Desires to Be Employed by the Company; Now Therefore, in Consideration of the Mutual Covenants Contained Herein and Other Good and Valuable Consideration, the Receipt and Sufficiency of Which Are Hereby Acknowledged, the Parties Hereto Agree as Follows: Section 1. Employment Period
12/34/56