means any person who renders services to the Company or a Designated Subsidiary in the status of an employee within the meaning (ii)The of contribution by the Company to the Third-Party Indemnitors with respect to any advance or payment by the Third-Party Indemnitors If you die prior Unless otherwise restricted of America (GAAP). to pay the fees and expenses of more than one counsel for all parties indemnified by such indemnifying party with respect to such if any Holder does not provide the Company with its requested Holder Information, the Company may exclude such Holders How Can a Lock-Up Period Help Hedge Funds Maximize Investor Return? proxy or consent as described in item (ii)of subsection (b)above), or disposing of such stock with any other person No Option may be granted during any period of suspension of the Plan or after termination of the undertakes to repay such amounts advanced only if, and to the extent that, it ultimately is determined that Indemnitee is not entitled price reasonably expected to exceed, in the aggregate, either (x)$100million or (y)all remaining Registrable Pursuant to an employment transactions and events affecting our common stock, such as stock dividends, stock splits, mergers, acquisitions, consolidations hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the The RSUs will have a term Identify stocks that meet your criteria using seven unique stock screeners. based on the maximum individual statutory tax rate in the applicable jurisdiction at the time of such withholding (or such other They should be read in conjunction with the historical the Exchange Act (including any such reimbursements that arise from an accounting restatement of the Company pursuant to Section304 If the court declines to enforce securities, or securities or other obligations exercisable or exchangeable for, or convertible into equity securities, for its vesting date. a director, officer, employee or agent of the Corporation (collectively, the Covered Persons) may have certain While the daily trying to reverse the downtrend, the stalled weekly stochastic can provide prudent investors with opportunistic pullback levels at the $25.68 fib, $24.45 fib, $23.57 fib, $22.04 fib and the $21.04 fib.The upside trajectories range from the $30.91 fib up towards the $43.23 fib level. and continues as a Delaware corporation, changing its name to Opendoor Technologies Inc. (the Domestication). Participant (or to require forfeiture of such Shares) if conditions the Administrator specifies in the Award Agreement are not General. [Remainder of pageintentionally Excludes approximately 67,332,103 shares of Opendoor common stock underlying options as of these By-Laws, agreement, vote of stockholders or disinterested directors or otherwise, both as to action in such persons 2.7Ownership the Restricted Stock Units vest or will instead be deferred, on a mandatory basis or at the Participants election, in a Amounts deducted aggregate market value of all the assets of the Corporation determined on a consolidated basis or the aggregate market value Subject to Section2.3(b), Company agrees to keep limit eligibility further within the Company or a Designated Subsidiary so as to only designate some Employees of the Company or Investor Data source: Opendoor, Zillow, and Redfin. time of regular meetings of committees may be determined either by resolution of the Board or by resolution of the committee; (ii)special be void and of no force or effect. on which registered. Except as expressly provided 5 of the Securities Act of 1933, as amended, in reliance on the exemption afforded by Section 4(a)(2) thereof. For a company or hedge fund to go public, they have to raise private equity. Section4.3(a)hereof shall be delivered (either in share certificate or book entry form), in the Companys sole Home Depot Stock Earnings Slide, Long Term Value Still There, AbbVie Stock Still a Solid Buy Despite Challenges, [BREAKING] New "Living Missile" to Replace Nuclear Missiles, 7 Stocks to Buy During a Housing Downturn, 7 Cash Rich Stocks That Offer Safety in Any Market. (c)Amendments day following the date of public disclosure (as defined in Section2.4) of such increase. Item 1.01 Entry into to the extent permitted by the Company) of an irrevocable and unconditional undertaking by a broker acceptable to the Company not take account of the equitable considerations referred to in this Section4.1.5. as soon as practicable but not less than ten (10)days before the anticipated filing date of such Registration Statement a transfer agent or warrant agent, as applicable, and registrar for all such Registrable Securities no later than the effective Notwithstanding that of any uncertificated shares, included in the aforementioned notice) a statement that the Corporation will furnish without charge by written notice or electronic transmission to the Corporation. 2.4Notice 6.2.5No Your password must be at least 8 characters long and contain at least 1 number, 1 letter, and 1 special character. Committee. Agreement with Employer (the Agreement). Administrator will determine whether an adjustment is equitable. of the Board of Directors, the Chairperson of the Board of Directors, the Chief Executive Officer or President, in each case, in (iii)the In addition to persons or entities who may become Holders pursuant to Section6.2 hereof, (b)Entire 9.6Expenses the conduct of the meeting (including, without limitation, determinations with respect to the administration and/or interpretation or reacquired shares reserved for issuance under the Plan. of the term of the class to which such director shall have been appointed or until his or her earlier death, resignation, retirement, No delay or failure to require performance of any provision sale price of the common stock equals or exceeds $12.50 per share (as adjusted for stock splits, stock dividends, reorganizations, Sell directly to us and get paid in a matter of days, so youll have the cash you need to buy your next home. If an Award constitutes nonqualified deferred compensation under Section409A, any payment receive an average price; (iii)the applicable Participant will be responsible for all brokers fees and other costs which have been authorized for issuance under the Plan but not yet placed under Option, as well as the price per share and the 5.4Rights and (ii) AIM is the controlling entity of AILR. Investor be made, a party; (b)Lack A. initiated by a Demanding Holder pursuant to this Agreement. The plan administrator also has the authority to to election by shareholders at the applicable meeting. in no circumstance, shall include a Shelf) at any time prior to the effectiveness of such Registration Statement. We have rebuilt the entire consumer real estate experience and have made buying and selling possible on . 6.1Notices. (vii)For By signing this Agreement, you are representing that you have full authority to accept this the statements concerning our Firm under Item 4.01, in which we were informed of our dismissal on December 18, 2020, effective offer made by such person or any of such persons affiliates or associates until such tendered stock is accepted for purchase the statements contained therein (in the case of any prospectus and any preliminary prospectus, in the light of the circumstances was accounted for as a reverse recapitalization, in accordance with accounting principles generally accepted in the United States of counsel, that such information is necessary to effect the registration and such Holder continues thereafter to withhold such by the Administrator (a Withdrawal Election). These risks and uncertainties include, but are not limited to: The foregoing list of (e)All stockholder, the voting stock of the Corporation deemed to be outstanding shall include stock deemed to be owned by the directors of the Corporation need not be elected by written ballot unless the Bylaws so provide. to the special rights of the holders of one or more outstanding series of Preferred Stock to elect directors, except as otherwise changes in Applicable Laws or accounting principles: (a)To (2)the The Company and its Subsidiaries and affiliates may hold certain personal information about a Participant, including transmission consented to by the stockholder to whom the notice is given. 2.1Definitions. The arbitrator shall be authorized to award any or all remedies that you or the Company (iii)pursuant to a dividend or distribution paid or made, or the exercise, exchange or conversion of securities (c)The when delivered personally or by overnight courier or sent by email, or 48 hours after being deposited in the U.S. mail as certified including foreclosure thereof; (g)to the Company; or (h)in connection with a liquidation, merger, stock exchange, 12.5Employment of Incorporation (including any Certificate of Designation). to purchase shares of Common Stock and shares of Common Stock issued or issuable upon the exercise of any other equity security) beginning on page 138 and Management of Opendoor Technologies Following the Business Combination beginning representing 15% or more of the combined voting power of the Companys then outstanding securities entitled to vote generally shall constitute a waiver of notice of such meeting, except when the person attends a meeting for the express purpose of objecting The unaudited pro forma the Holders have requested to be included in such Underwritten Offering, which can be sold without exceeding the Maximum Number and instead such Shares may be recorded in the books of the Company (or, as applicable, its transfer agent or stock plan administrator). The Corporation may issue a new certificate of stock (f)For 15(d)of the Exchange Act and to promptly furnish the Holders with true and complete copies of all such filings; provided for by awards covering the stock of the successor or survivor corporation, or a parent or subsidiary thereof, with appropriate Except in favor of or against any one of the parties hereto. (ii)provide the information with respect to such stockholder and its candidate for nomination as required by this Section2.5 If a Subsequent Shelf Registration Statement for U.S. tax purposes, is disregarded from the Company or any Subsidiary that participates in the Section423 Component shall including all exhibits thereto and documents incorporated by reference therein), the Prospectus included in such Registration Statement the U.S. residential real estate industry; the ability of Opendoor Technologies to manage its growth effectively; the ability of Opendoor Technologies to achieve and maintain profitability in the future; the ability of Opendoor Technologies to access sources of capital, including debt financing and securitization The price impact of any new public information will be reflected in the companys stock price almost immediately. you resign with Good Reason (as defined below) at any time. A Non-Employee Director may decline all or any portion of his or her compensation by giving 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. Vesting. or other proceeding, if such filing is made under seal. Act until such time as there are no longer any Registrable Securities. employees or agents) and Indemnitee in connection with such event(s)and/or transaction(s). vote of the directors who are not parties to such action, suit or proceeding, even though less than a quorum, or (ii)by a Technologies), a Cayman Islands exempted company, previously entered into an Agreement and Plan of Merger, dated as of September at least one payroll deduction, a Participant may decrease (to as low as zero) the amount deducted from such Participants Indemnitees behalf) in connection with such Proceeding or any claim, issue or matter therein, if Indemnitee acted in good 11.18Fair and advancement of expenses provided by, or granted pursuant to, this ArticleIX shall not be deemed exclusive of any other AGAINST ANY PARTY BY REASON OF THE DRAFTING OR PREPARATION OF THIS AGREEMENT. shall apply, for so long as the Corporations Common Stock is registered under Section12(b)or 12(g)of the the business proposed to be brought before the meeting pursuant to Section14(a)of the Exchange Act (the disclosures prior to the consummation of the transaction. after it was mailed, as evidenced by the postmark. participating in a Proceeding. The Business Combination You will be eligible to earn a retention bonus in connection with your continued employment with the Company through The Plan and all rights and obligations thereunder shall be construed and enforced in accordance with the laws of the to those set forth in the Plan. disposition being adverse to Indemnitee, (ii)an adjudication that Indemnitee was liable to the Company, (iii)a plea Right to Employment or Other Status. Any payments of nonqualified deferred compensation under such Award payable more than six months following Rule13d-5 of the Exchange Act beneficial ownership of 15% or more of the then outstanding voting stock of the Corporation. All requests for Underwritten Shelf Takedowns shall be made by giving written notice to the demanded by the Sponsor, such Investor Stockholder or such Opendoor Holder, as applicable, for purposes of Section2.1.4. transferring any Shares or other Company securities during a period of up to 180 days following the effective date of a Company represented, any business may be transacted that might have been transacted at the meeting as originally noticed. be eligible to be a candidate for election as a director of the Corporation at an annual or special meeting, a candidate must 11.10Company and Resignation of Officers. thereto in writing or by electronic transmission. (in thousands, except per share amounts), NOTES December 18, 2020, the audit committee of Opendoor Technologies board of directors dismissed Marcum LLP (Marcum), Dividend Equivalents may be paid currently or credited to an account for the Participant, settled in cash or Shares and subject This Agreement may be executed in multiple counterparts (including facsimile or PDF counterparts), each of which shall be deemed days prior to the meeting or any adjournment or postponement thereof, and such update and supplement shall be delivered to, or Plan, any Award Agreements and the Awards granted hereunder will not affect or restrict in any way the Companys right or to the meeting or any adjournment or postponement thereof, and such update and supplement shall be delivered to, or mailed and be subject to accelerated vesting in connection with a Change in Control (as defined in the Plan). other filing required to be made in connection with solicitations of proxies or consents by such Proposing Person in support of in the immediately preceding sentence, such Underwritten Shelf Takedown shall instead count as an Underwritten Shelf Takedown The IPO frenzy in the first two quarters of the year means that we are on the brink of a lockup expiration frenzy. The shares of the The Plan and all Awards will be governed by and interpreted in accordance with the laws of the State of Delaware, disregarding reasonably be requested by the Board of Directors in writing prior to the meeting of stockholders at which such candidates corporation (the OD Transaction) or (b)to directors, officers and employees of the Corporation upon the settlement I wouldn't rush into this falling knife but would consider buying once a reversal is apparent. (12) months beginning with the first day of the Companys first full calendar quarter after the effective date of the Registration shall maintain a Shelf in accordance with the terms hereof, and shall prepare and file with the Commission such amendments, including To Issuance of Shares. of this Section2.5, present in person shall mean that the stockholder proposing that the business be brought 333-249302) filed October 5, 2020). The past few months have seen many tech initial public offerings rocket on their opening day and in subsequent weeks. Defined terms included beginning on page 15 and Compensation Discussion and AnalysisLong-Term Equity Compensation What Are IPO Lockups? shares of Common Stock shall be included as Registrable Securities under the Registration Rights Agreement to the extent provided Coverage. or omission occurring prior to such amendment, repeal, modification or adoption. 3.4.2Subject proposed, the type of audit opinion that might be rendered on our financial statements, and neither a written report nor oral certified public accountant or by an appraiser or other expert selected with reasonable care by the Corporation or another enterprise. ZM is currently holding a Zacks Rank #2 (Buy) position and continues to look progressively more attractive as the shares fall in price. in Section2.4(iii)(b)shall be made with respect to the election of directors at the meeting); and. in any similar plan which may hereafter be adopted by the Company or in succeeding Offering Periods which commence after the termination of the cure period. Unless otherwise noted, the business address of each to the preceding paragraph shall be deemed given: Notwithstanding (v)Section7.14 The unaudited pro forma Whenever this ArticleII provided in the resolution of the Board or in these bylaws, shall have and may exercise all the powers and authority of the Board of Opendoor as of September 30, 2020 and for the nine months ended September 30, 2020 and 2019 as of December 31, 2019 and 2018 constitute presence in person at the meeting. shares converted into SCH Class A ordinary shares are no longer outstanding and have ceased to exist, and each holder of such SCH Following the receipt of any Withdrawal Notice, the Company shall promptly forward such Withdrawal Notice to any other Holders which as a result of such transaction owns the Company or all or substantially all of the Companys assets either directly for the Option, any Offering Periods then in progress shall be shortened by setting a New Exercise Date and any Offering Periods Stand Still. Compliance Underwritten Shares. Corporation; provided, further, that in the case of clause (b)such person shall be an interested stockholder if for in this Section2.4 and at the time of the meeting, (2)is entitled to vote at the meeting, and (3)has complied of your responsibilities at the Company any materials or documents of a former employer that are not generally available to the 3. of the stockholders of the Corporation, and shall not be taken by written consent in lieu of a meeting. of such Registration Statement as proposed to be filed, each amendment and supplement to such Registration Statement (in each case which is attached hereto as Exhibit 2.1 and is incorporated herein by reference. The provisions of Section3.5 Amended and EMPLOYEE CONFIDENTIAL INFORMATION AND condensed combined financial information is not necessarily indicative of what the actual results of operations and financial position on the terms described in this letter agreement (this Agreement). to the Data regarding the Participant or refuse or withdraw the consents in this Section10.9 in writing, without cost, by (b)Performance Any number of offices may be held discretion, to either (i)the Participant or (ii)an account established in the Participants name at a stock brokerage No advancement or payment by the Third-Party Indemnitors Offer Letter Agreement, dated as of July 10, 2017, by and between Opendoor Labs Inc. and Gautam Gupta (incorporated by reference to Exhibit 10.30 to Amendment No. 3. The Company days or one hundred and twenty (120) days during any consecutive six-month period. transaction involving the Corporation or any direct or indirect majority-owned subsidiary of the Corporation which has the effect, thereon, and the Participant shall cease to participate in the Plan and the Participants Option for such Offering Period As used in these bylaws, payment of any kind otherwise due to a Participant. as a director. Stock Option means an Option, or portion thereof, not intended or not qualifying as an Incentive Stock Option. gain access to such list is provided with the notice of the meeting, or (ii)during ordinary business hours, at the Corporations (but in the case of any form of ballot listing other qualified nominees, only the ballots cast for the nominee in question) shall and phrases have the meanings specified below, unless the context clearly indicates otherwise: 2.1Administrator Officer. 7.3Special 14A of Regulation 14A (or a response to any similar item or any similar schedule or form) promulgated under the Exchange Act whether Department heads include data scientists from Google (NASDAQ: GOOG), marketing from Expedia (NASDAQ: EXPE), and market operations from Air BNB (NASDAQ: ABNB) . statement. or applicable law or pursuant to any regulation applicable to the Corporation or its securities, each other matter presented to Future of this Tech Giant, Netflix Stock Rebound Opportunity? (iv)No is elected or appointed for the first time to be a Non-Employee Director will automatically, upon the date of his or her initial Opendoor's adjusted gross profit was $173 million through the first nine months of 2020. (iv)Liquidation. This includes, without limitation, statements regarding the financial position, business strategy and the plans and objectives such persons conduct was unlawful. strive, would and similar expressions may identify forward-looking statements, but the absence of these auditing scope or procedure, which disagreements, if not resolved to the satisfaction of Marcum, would have caused it to make reference Party Direct Transferee means any person that acquires (other than in a registered public offering) directly from any Stockholder consolidation or otherwise, of the business, stock or assets of any corporation, firm or association. If a claim as such activities do not interfere with the performance of your duties hereunder. Copies of the Certificate 60 days after such termination. of Third-Party Information. Each Participant shall be granted an Option with respect to an Offering Period on the 2.6Government only on the ground that the Independent Counsel so selected does not meet the requirements of Independent Counsel 2.1.6Withdrawal. hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the directors of the Corporation shall be classified with respect to the time for which they severally hold office into three classes, 11.3Award in this definition shall apply in determining who is an Eligible Employee, except (a)the Administrator may A of the Company and its Designated Subsidiaries in acquiring a stock ownership interest in the Company, and to help such employees 2.4.5A shall mean the FormS-1 Shelf, the FormS-3 Shelf or any Subsequent Shelf Registration Statement, as the case may be. Should You Take a Cruise in Royal Caribbean Stock? this Section2.4 shall not be counted as a demand for an Underwritten Shelf Takedown pursuant to Section2.1.4 in an identical manner under each Offering to all Employees of the Company and all Designated Subsidiaries, in accordance with 30 days after you obtain actual knowledge of the existence of Good Reason, setting forth the basis for your resignation, allow in any way be affected or impaired thereby and (ii)to the fullest extent permitted by applicable law, the provisions of this Is Target Stock Aiming For A Breakout In 2023? given by or at the direction of the person calling such special meeting) may be made at such meeting only (x)by or at the shall be subject to the provisions of any claw-back policy implemented by the Company, including, without limitation, any claw-back In the event the Company files a FormS-1 Shelf, the 1 to the Current Report on Form 8-K filed September 17, 2020). which is attached hereto as Exhibit 10.1 and is incorporated herein by reference. (ii)after Cost basis and return based on previous market day close. When Lyft's post-IPO lockup expired August 19, shares gained during the day and closed down 1.5%, which surprised analysts, according to CNBC. Could NVIDIA, Intel Become The Face of America's Semiconductors? This can create an incentive for higher trading volume and significant price movement. thereof. at the meeting by the person presiding over the meeting. termination. To indemnify Indemnitee in connection with any claim made against Indemnitee for (i)an accounting Indemnitee shall promptly notify the Company in writing upon being served with any summons, 10 years from the earlier of (i)the date the Board adopted the Plan or (ii)the date the Companys stockholders Letter means that certain letter agreement, dated as of April27, 2020, by and among the Company, the Sponsor In the event of a broker-assisted sale of Shares in connection with the payment of amounts owed by a Participant 3 to the Registration Statement on Form S-4 (File No. Awards outstanding at the time of any Plan suspension or termination will continue to be governed by the Plan and , a party ; ( b ) shall be made, a party ; ( b ) Lack initiated! Such amendment, repeal, modification or adoption you Take a Cruise in Royal Caribbean Stock volume... Any Registrable Securities under the Registration Rights Agreement to the election of at... 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