To: Kip518 who wrote (37 ) 10/14/1999 12:22:00 AM From: BrianL Read Replies (1) | Respond to of 4120
Ingenious theory Kip, but the "Prommisary Note" portion of the 8k actually gives the dates of the stock transfers related to the Anacom deal. The transfers are at 1 and 2 years from now. Here's the relevant portion: Buyer agrees to deliver or cause to be delivered, on the terms and conditions stated herein, to Selling Shareholder [96,392] [93,556] shares of the Common Stock, $.01 par value per share, of ZixIt ("ZixIt Stock"). The number of shares so stated is subject to adjustment, as provided below. These shares of ZixIt Stock shall have the registration rights set forth in the Registration Rights Agreement (herein so called) entered into between ZixIt and Selling Shareholder on the date hereof, a form of which is attached as Exhibit C to the Purchase Agreement. [35,665] [34,616] shares of the ZixIt Stock will be delivered to Selling Shareholder on the first anniversary date of the Closing (or the first business day thereafter) or such later delivery date as specified in Subparagraph 1(d) (the "First Anniversary Date"), and the remaining [60,727] [58,940] shares will be delivered to Selling Shareholder on the second anniversary date of the Closing (or the first business day thereafter) or such later delivery date as specified in Subparagraph 1(d) (the "Second Anniversary Date"), subject to Paragraph 2. The First Anniversary Date and the Second Anniversary Date are referred to herein as an "Anniversary Date." If Selling Shareholder voluntarily resigns his employment with Buyer prior to the second anniversary of the date hereof, then neither Buyer nor ZixIt shall have any obligation to deliver or cause to be delivered to Selling Shareholder any of the ZixIt Stock shares that, as of the date of employment separation, are not yet required (per the terms of Paragraphs 1 and 2) to be delivered, and Selling Shareholder waives any ownership rights or claim of ownership rights with respect to such ZixIt Stock shares in such circumstance.