SEC Info℠ | Home | Search | My Interests | Help | Sign In | Please Sign In | ||||||||||||||||||||
As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 9/24/18 Envision Solar Int’l, Inc. S-1/A 92:10M Chilcote Candi M/FA |
Document/Exhibit Description Pages Size 1: S-1/A Pre-Effective Amendment to Registration Statement HTML 1.27M (General Form) 2: EX-5 Opinion of Counsel re: Legality HTML 28K 4: EX-10.24 Agreement by Envision Solar International, Inc. HTML 24K With the State of California, Dated as of June 12, 2015 5: EX-10.25 Agreement by Envision Solar International, Inc. HTML 29K With the City of New York, Dated as of April 17, 2017 6: EX-10.28 Agreement by Envision Solar International, Inc. HTML 36K With the State of California, Dated June 22, 2018 7: EX-10.30 Amendment to Employment Agreement for Desmond HTML 36K Wheatley, Effective as of January 1, 2016 8: EX-10.31 Promissory Note for Deferred Compensation of HTML 37K Desmond Wheatley, Dated Effective January 15, 2016 9: EX-10.32 Agreement by Envision Solar International, Inc. HTML 24K With the City of Pittsburg, Dated November 7, 2017 3: EX-23 Consent of Experts or Counsel HTML 26K 16: R1 Document and Entity Information HTML 43K 17: R2 Consolidated Balance Sheets HTML 129K 18: R3 Consolidated Balance Sheets (Parenthetical) HTML 50K 19: R4 Consolidated Statements of Operations HTML 71K 20: R5 Consolidated Statements of Operations HTML 30K (Parenthetical) 21: R6 Consolidated Statements of Changes in HTML 95K Stockholders' Deficit 22: R7 Consolidated Statements of Cash Flows HTML 157K 23: R8 1. Corporate Organization, Nature of Operations HTML 125K and Summary of Significant Accounting Policies 24: R9 2. Going Concern HTML 36K 25: R10 3. Accounts Receivable, and Deferred Revenue HTML 38K 26: R11 4. Prepaid Expenses and Other Current Assets HTML 31K 27: R12 5. Inventory HTML 39K 28: R13 6. Property and Equipment HTML 42K 29: R14 7. Accrued Expenses HTML 41K 30: R15 8. Line of Credit/Term Debt - Silicon Valley Bank HTML 39K 31: R16 9. Convertible Line of Credit HTML 47K 32: R17 10. Convertible Notes Payable - Related Parties HTML 76K and Fair Value Measurements 33: R18 11. Convertible Notes Payable HTML 65K 34: R19 12. Note Payable and Auto Loan HTML 34K 35: R20 13. Commitments and Contingencies HTML 43K 36: R21 14. Common Stock HTML 60K 37: R22 15. Stock Options and Warrants HTML 96K 38: R23 16. Income Taxes HTML 59K 39: R24 12. Revenues HTML 32K 40: R25 17. Related Party Transactions HTML 52K 41: R26 18. Subsequent Events HTML 36K 42: R27 Corporate Organization, Nature of Operations and HTML 196K Summary of Significant Accounting Policies (Policies) 43: R28 Corporate Organization, Nature of Operations and HTML 40K Summary of Significant Accounting Policies (Tables) 44: R29 Accounts Receivable, and Deferred Revenue (Tables) HTML 33K 45: R30 Prepaid Expenses and Other Current Assets (Tables) HTML 33K 46: R31 Inventory (Tables) HTML 39K 47: R32 Property and Equipment (Tables) HTML 41K 48: R33 Accrued Expenses (Tables) HTML 40K 49: R34 Convertible Notes Payable - Related Parties and HTML 56K Fair Value Measurements (Tables) 50: R35 Convertible Notes Payable (Tables) HTML 39K 51: R36 Commitments and Contingencies (Tables) HTML 31K 52: R37 Stock Options and Warrants (Tables) HTML 81K 53: R38 Income Taxes (Tables) HTML 52K 54: R39 12. Revenues (Tables) HTML 32K 55: R40 Corporate Organization, Nature of Operations and HTML 53K Summary of Significant Accounting Policies (Details) 56: R41 1. Corporate Organization, Nature of Operations HTML 66K and Summary of Significant Accounting Policies (Details Narrative) 57: R42 2. Going Concern (Details Narrative) HTML 57K 58: R43 3. Accounts Receivable, and Deferred Revenue HTML 35K (Details-Accounts Receivable) 59: R44 3. Accounts Receivable, and Deferred Revenue HTML 33K (Details Narrative) 60: R45 4. Prepaid Expenses and Other Current Assets HTML 38K (Details) 61: R46 5. Inventory (Details) HTML 39K 62: R47 6. Property and Equipment (Details) HTML 51K 63: R48 6. Property and Equipment (Details Narrative) HTML 31K 64: R49 7. Accrued Expenses (Details) HTML 49K 65: R50 8. Line of Credit/Term Debt - Silicon Valley Bank HTML 80K (Details Narrative) 66: R51 9. Convertible Line of Credit (Details Narrative) HTML 64K 67: R52 10. Convertible Note Payable - Related Parties and HTML 37K Fair Value Measurements (Details-Summary) 68: R53 10. Convertible Note Payable - Related Parties and HTML 36K Fair Value Measurements (Details-Fair Value Measurements) 69: R54 10. Convertible Note Payable - Related Parties and HTML 36K Fair Value Measurements (Details-Level 3) 70: R55 10. Convertible Note Payable - Related Parties and HTML 35K Fair Value Measurements (Details-Assumptions) 71: R56 10. Convertible Note Payable - Related Parties and HTML 68K Fair Value Measurements (Details Narrative) 72: R57 11. Convertible Notes Payable (Details) HTML 50K 73: R58 11. Convertible Notes Payable (Details Narrative) HTML 83K 74: R59 12. Notes Payable and Auto Loan (Details HTML 45K Narrative) 75: R60 13. Commitments and Contingencies (Details-Future HTML 37K lease payments ) 76: R61 13. Commitments and Contingencies (Details HTML 37K Narrative) 77: R62 14. Common Stock (Details Narrative) HTML 128K 78: R63 15. Stock Options and Warrants HTML 46K (Details-Assumptions) 79: R64 15. Stock Options and Warrants (Details-Option HTML 61K Activity) 80: R65 15. Stock Options and Warrants (Details-Options HTML 52K Outstanding and Exercisable) 81: R66 15. Stock Options and Warrants (Details-Warrant HTML 56K Activity) 82: R67 15. Stock Options and Warrants (Details Narrative) HTML 78K 83: R68 16. Income Taxes (Details-Tax Expense) HTML 45K 84: R69 16. Income Taxes (Details-Deferred tax assets and HTML 59K liabilities) 85: R70 16. Income Taxes (Details Narrative) HTML 43K 86: R71 12. Revenues (Details) HTML 34K 87: R72 12. Revenues (Details Narrative) HTML 31K 88: R73 17. Related Party Transactions (Details Narrative) HTML 93K 89: R74 14. Subsequent Events (Details Narrative) HTML 36K 91: XML IDEA XML File -- Filing Summary XML 164K 90: EXCEL IDEA Workbook of Financial Reports XLSX 115K 10: EX-101.INS XBRL Instance -- evsi-20180630 XML 1.68M 12: EX-101.CAL XBRL Calculations -- evsi-20180630_cal XML 217K 13: EX-101.DEF XBRL Definitions -- evsi-20180630_def XML 676K 14: EX-101.LAB XBRL Labels -- evsi-20180630_lab XML 1.04M 15: EX-101.PRE XBRL Presentations -- evsi-20180630_pre XML 957K 11: EX-101.SCH XBRL Schema -- evsi-20180630 XSD 187K 92: ZIP XBRL Zipped Folder -- 0001065949-18-000130-xbrl Zip 171K
EXHIBIT 10.30
AMENDMENT TO EMPLOYMENT AGREEMENT
This AMENDMENT TO EMPLOYMENT AGREEMENT (this "Agreement") is effective as of the 1st day of January 2016, by and between Envision Solar International, Inc., a Nevada corporation (the "Company"), and Desmond Wheatley, an individual ("Employee"), and is made with respect to the following facts:
R E C I T A L S
A. The Company and the Employee entered into that certain Employment Agreement, dated as of January 1, 2016 (the “Original Agreement”), by and between the Company, as employer, and Desmond Wheatley, as employee.
B. In order to ensure that the Original Agreement complies with Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”), the parties desire to enter into this Agreement as an Amendment to the Original Agreement, effective as of the effective date of the Original Agreement.
C. The parties have entered into this Agreement for the purpose of setting forth the original terms of employment of the Employee by the Company.
NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Amendment. Section 8.1 of the Original Agreement is hereby amended and restated in its entirety to provide as follows, in lieu of the provision in the Original Agreement:
“8.1 Annual Compensation. Starting on January 1, 2016, Employee shall be paid a fixed salary of $250,000 per annum, which will be paid (1) in twenty-four installments of $8,333.33 each on the fifteenth and last day of each month and (2) twenty-four installments of $2083.34 each on the same dates, which Employee shall defer until the earliest to occur of the following: (i) a permissable event specified in Section 409A of the Code, or (ii) December 31, 2020, or (iii) an event specified below in Section 8.1(a) or 8.1(b) of this Agreement (collectively, “Annual Compensation”). In the case of a cessation of the deferral, the Company’s Board of Directors may unilaterally affect such a result by a resolution duly adopted by it without the agreement or participation of the Employee and with Employee recusing himself from the vote. Employee will be paid all of the deferred amount upon the occurrence of (a) if and when the Company experiences a “change of control” whereby more than 50% of the outstanding equity of the Company changes ownership in a single transaction or series of related transactions, or otherwise as defined in Section 15.6 of the Original Agreement, (b) a sale of all or substantially all of the assets of the Company, (c) a permissable event specified in Section 409A of the Code, or (d) on December 31, 2020. In any event, all deferred amounts of salary under this Section 8.1 will be evidenced by an unsecured convertible promissory note payable by the Company to the Employee, bearing simple interest at the rate of 10% per annum, accruing until paid, convertible into shares of the Company’s common stock at $.15 per share (subject to appropriate adjustment in the event of stock dividends, stock splits, recapitalizations, and similar extraordinary transactions) in whole or in part at the Employee’s discretion, provided
C:C: 1 |
that the deferred salary represented by the outstanding balance of the note to be converted is due and payable by the Company under Section 8.1 of this Agreement. The maturity date of the note is December 31, 2020, provided that the maturity date will be accelerated to a date described in Section 8.1(a), 8.1(b), 8.1(c) or 8.1(d) of this Agreement, if applicable. The promissory note will initially be issued on January 15, 2016 and thereafter be amended for each payment period to reflect increases in outstanding principal, with interest accruing on outstanding principal, as adjusted, on a simple basis without compounding. Notwithstanding anything else herein to the contrary, under no circumstances will any deferred salary be paid to the Employee under this Agreement in violation of Section 409A of the Code. ”
2. Effect of Amendment. The Original Agreement will remain in full force and effect except as modified by this Agreement. In the event of any contradiction in terms between this Agreement and the Original Agreement, the terms of this Agreement will govern.
3. Applicable Law. This Agreement and the Original Agreement, as amended, shall be construed as a whole and in accordance with their fair meaning. This Agreement and the Original Agreement, as amended, shall be interpreted in accordance with the laws of the State of California, and venue for any action or proceedings brought with respect to this Agreement or the Original Agreement, as amended, shall be in the County of San Diego in the State of California.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
THE COMPANY: | Envision Solar International, Inc. |
a Nevada corporation |
Peter Davidson, Director |
Date: July 24, 2018 |
Anthony Posawatz, Director |
Date: July 24, 2018 |
EMPLOYEE: | By: |
Desmond Wheatley |
Date: July 24, 2018 |
C:
2 |
This ‘S-1/A’ Filing | Date | Other Filings | ||
---|---|---|---|---|
12/31/20 | ||||
Filed on: | 9/24/18 | CORRESP | ||
7/24/18 | 8-K | |||
1/15/16 | ||||
1/1/16 | ||||
List all Filings |
As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 4/16/24 Beam Global 10-K 12/31/23 87:6.7M GlobalOne Filings Inc/FA 3/31/23 Beam Global 10-K 12/31/22 73:5.3M GlobalOne Filings Inc/FA 9/16/22 Beam Global S-1 15:783K GlobalOne Filings Inc/FA 3/31/22 Beam Global 10-K 12/31/21 69:4.9M GlobalOne Filings Inc/FA 3/30/21 Beam Global 10-K 12/31/20 80:4.4M GlobalOne Filings Inc/FA |