|
||||||||||||||||||||||||||
| SEC Info℠ | | | Home | | | Search | | | My Interests | | | Help | | | Sign In | | | Please Sign In | |||||||
|
||||||||||||||||||||||||||
As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 3/06/20 Avinger Inc 10-K 12/31/19 78:7.9M RDG Filings/FA |
Document/Exhibit Description Pages Size
1: 10-K Annual Report HTML 1.13M
2: EX-4.5 Instrument Defining the Rights of Security Holders HTML 37K
3: EX-10.40 Material Contract HTML 27K
4: EX-10.41 Material Contract HTML 80K
5: EX-10.42 Material Contract HTML 31K
6: EX-10.43 Material Contract HTML 30K
7: EX-10.44 Material Contract HTML 31K
8: EX-23.1 Consent of Experts or Counsel HTML 22K
9: EX-31.1 Certification -- §302 - SOA'02 HTML 27K
10: EX-31.2 Certification -- §302 - SOA'02 HTML 27K
11: EX-32.1 Certification -- §906 - SOA'02 HTML 25K
51: R1 Document And Entity Information HTML 64K
27: R2 Balance Sheets HTML 102K
38: R3 Balance Sheets (Parentheticals) HTML 45K
70: R4 Statements of Operations and Comprehensive Loss HTML 65K
52: R5 Statements of Stockholders' Equity (Deficit) HTML 141K
29: R6 Statements of Cash Flows HTML 127K
39: R7 Note 1 - Organization HTML 53K
69: R8 Note 2 - Summary of Significant Accounting HTML 147K
Policies
53: R9 Note 3 - Fair Value Measurements HTML 32K
60: R10 Note 4 - Inventories HTML 33K
77: R11 Note 5 - Property and Equipment, Net HTML 45K
41: R12 Note 6 - Accrued Expenses and Other Current HTML 38K
Liabilities
31: R13 Note 7 - Borrowings HTML 60K
59: R14 Note 8 - Commitments and Contingencies HTML 64K
76: R15 Note 9 - Stockholders' Equity HTML 207K
40: R16 Note 10 - Stock-based Compensation HTML 34K
30: R17 Note 11 - Income Taxes HTML 81K
58: R18 Note 12 - Related-party Transactions HTML 28K
78: R19 Note 13 - 401(k) Plan HTML 27K
46: R20 Note 14 - Subsequent Events HTML 33K
20: R21 Significant Accounting Policies (Policies) HTML 201K
62: R22 Note 2 - Summary of Significant Accounting HTML 64K
Policies (Tables)
66: R23 Note 4 - Inventories (Tables) HTML 34K
45: R24 Note 5 - Property and Equipment, Net (Tables) HTML 41K
19: R25 Note 6 - Accrued Expenses and Other Current HTML 37K
Liabilities (Tables)
61: R26 Note 7 - Borrowings (Tables) HTML 32K
65: R27 Note 8 - Commitments and Contingencies (Tables) HTML 32K
47: R28 Note 9 - Stockholders' Equity (Tables) HTML 167K
18: R29 Note 10 - Stock-based Compensation (Tables) HTML 33K
32: R30 Note 11 - Income Taxes (Tables) HTML 72K
43: R31 Note 1 - Organization (Details Textual) HTML 118K
73: R32 Note 2 - Summary of Significant Accounting HTML 72K
Policies (Details Textual)
56: R33 Note 2 - Summary of Significant Accounting HTML 29K
Policies - Accounts Receivable, Allowance for
Credit Loss (Details)
33: R34 Note 2 - Summary of Significant Accounting HTML 29K
Policies - Product Warranty Costs (Details)
44: R35 Note 2 - Summary of Significant Accounting HTML 28K
Policies - Net Loss Per Share (Details)
75: R36 Note 2 - Summary of Significant Accounting HTML 32K
Policies - Anti-dilutive Securities (Details)
57: R37 Note 3 - Fair Value Measurements (Details Textual) HTML 26K
34: R38 Note 4 - Inventories - Schedule of Inventory HTML 33K
(Details)
42: R39 Note 5 - Property and Equipment, Net (Details HTML 32K
Textual)
21: R40 Note 5 - Property and Equipment, Net - Property HTML 44K
and Equipment (Details)
49: R41 Note 6 - Accrued Expenses and Other Current HTML 43K
Liabilities - Schedule of Accrued Expenses and
Other Current Liabilities (Details)
67: R42 Note 7 - Borrowings (Details Textual) HTML 85K
63: R43 Note 7 - Borrowings - Schedule of Debt (Details) HTML 47K
22: R44 Note 8 - Commitments and Contingencies (Details HTML 74K
Textual)
50: R45 Note 8 - Commitments and Contingencies - Future HTML 38K
Operating Lease Payments (Details)
68: R46 Note 9 - Stockholders' Equity (Details Textual) HTML 254K
64: R47 Note 9 - Stockholders' Equity - Assumptions Used HTML 29K
to Estimate Fair Value (Details)
23: R48 Note 9 - Stockholders' Equity - Stock Option HTML 60K
Activity (Details)
48: R49 Note 9 - Stockholders' Equity - Options HTML 112K
Outstanding and Vested (Details)
36: R50 Note 9 - Stockholders' Equity - Restricted Stock HTML 48K
Units Award Activity (Details)
25: R51 Note 10 - Stock-based Compensation - Noncash HTML 30K
Stock-based Compensation Expense Related to Stock
Options, ESPP, and RSUs (Details)
55: R52 Note 11 - Income Taxes (Details Textual) HTML 46K
72: R53 Note 11 - Income Taxes - Effective Income Tax HTML 42K
Reconciliation (Details)
35: R54 Note 11 - Income Taxes - Deferred Tax Assets and HTML 51K
Liabilities (Details)
24: R55 Note 11 - Income Taxes - Reconciliation of HTML 31K
Unrecognized Tax Benefits (Details)
54: R56 Note 12 - Related-party Transactions (Details HTML 29K
Textual)
71: R57 Note 13 - 401(k) Plan (Details Textual) HTML 29K
37: R58 Note 14 - Subsequent Events (Details Textual) HTML 44K
26: XML IDEA XML File -- Filing Summary XML 132K
74: EXCEL IDEA Workbook of Financial Reports XLSX 68K
12: EX-101.INS XBRL Instance -- avgr-20191231 XML 2.00M
14: EX-101.CAL XBRL Calculations -- avgr-20191231_cal XML 145K
15: EX-101.DEF XBRL Definitions -- avgr-20191231_def XML 1.41M
16: EX-101.LAB XBRL Labels -- avgr-20191231_lab XML 1.15M
17: EX-101.PRE XBRL Presentations -- avgr-20191231_pre XML 1.42M
13: EX-101.SCH XBRL Schema -- avgr-20191231 XSD 192K
28: ZIP XBRL Zipped Folder -- 0001437749-20-004451-xbrl Zip 187K
Exhibit 10.44
AMENDMENT NO. 1 TO THE
CHANGE OF CONTROL AND SEVERANCE AGREEMENT
This Amendment No. 1 (this “Amendment”) to the Agreement (defined below) is entered into and made effective on March 4, 2020 (“Effective Date”), by Mark Weinswig (“Executive”) and Avinger, Inc. (“Company”). This Amendment amends the Change of Control and Severance Agreement entered into between Executive and Company on June 25, 2018 (the “Agreement”).
WHEREAS, the Agreement may be amended or modified by a written instrument executed by Company and Executive;
WHEREAS, Company and Executive desire to amend certain provisions of the Agreement;
NOW, THERFORE, Company and Executive intending to be legally bound hereby enter into this Amendment and agree as follows:
1. Termination for other than Cause, Death or Disability or Good Reason in the Event of a Change of Control. Section 1(a) of the Agreement is hereby amended and restated to read as follows:
(a) Termination for other than Cause, Death or Disability or Good Reason in the Event of a Change of Control. If upon or within eighteen (18) months following a Change of Control (i) the Company (or any parent or subsidiary or successor of the Company) terminates Executive’s employment with the Company other than for Cause, death or disability, or (ii) the Executive resigns from such employment for Good Reason, then, subject to Section 2, Executive will be entitled to: (A) receive continuing payments of severance pay at a rate equal to Executive’s monthly base salary and pro rated target bonus, as then in effect, for a period of twelve (12) months plus one (1) month for every year of service completed (measured from Executive’s date of hire until the Change of Control) for the Company (or any parent or subsidiary or successor of the Company); provided that, such severance period shall not exceed eighteen (18) months and such continuing payments will be paid in accordance with the Company’s regular payroll procedures; (B) if Executive timely elects continuation coverage pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”) for Executive and Executive’s dependents, within the time period prescribed pursuant to COBRA, the Company will reimburse Executive for the COBRA premiums for such coverage for Executive and his covered dependents for twelve (12) months from the date of Executive’s termination of employment or such earlier date if Executive no longer constitutes a “Qualified Beneficiary” (as such term is defined in Section 4980B(g) of the Code); (C) accelerated vesting as to 100% of Executive’s outstanding unvested stock options and/or restricted stock; and (D) the extension of the post-termination exercise period for any options held by Executive for a period of one (1) year. Notwithstanding the foregoing, Executive will not be entitled to any payment under Section 1(a)(A) if Executive has received a bonus pursuant to Section 1(e).
2. Stay Bonus. Section 1(e) of the Agreement is hereby added and will read as follows:
(e) Stay Bonus. If upon the date that is twelve (12) months following a Change of Control Executive is employed by the Company (or any parent or subsidiary or successor of the Company), then Executive will be entitled to receive a lump sum bonus payment in an amount equal to what Executive would be entitled to receive under Section 1(a)(A) had Executive been terminated other than for Cause, death or disability. Any bonus payable pursuant to this Section 1(e) shall be paid upon the date that is twelve (12) months following a Change of Control. If payment is made pursuant to this Section 1(e), Executive will not be entitled to any payment under Section 1(a)(A).
3. Amendment. This Amendment shall be binding upon and inure to the benefit of the parties hereto, and their respective heirs, executors, administrators, successors, and assigns, who are obligated to take any action which may be necessary or proper to carry out the purpose and intent hereof.
4. Effect on Agreement; Capitalized Terms. Except as expressly modified or amended by this Amendment, the Agreement shall continue in full force and effect in accordance with its terms. All capitalized terms not otherwise defined herein shall have the meaning set forth in the Agreement.
5. Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be deemed an original and all of which taken together shall constitute a single instrument.
6. Governing Law. This Amendment shall be construed and enforced with, and governed by, the laws of the State of California.
IN WITNESS WHEREOF, the following, being Company and Executive, have executed this Amendment to be effective as of the Effective Date.
|
COMPANY:
AVINGER, INC.
By: /s/ Jeffrey Soinski Name: Jeffrey Soinski Title: President and Chief Executive Officer
EXECUTIVE:
/s/ Mark Weinswig
|
[Signature Page to Amendment to Change of Control and Severance Agreement]
| This ‘10-K’ Filing | Date | Other Filings | ||
|---|---|---|---|---|
 | ||||
| Filed as of: | 3/6/20 | |||
| Filed on: | 3/5/20 | 8-K | ||
| 3/4/20 | ||||
| For Period end: | 12/31/19 | 4, SD | ||
| 6/25/18 | 3 | |||
| List all Filings | ||||