TERMINATION OF STOCK OPTION
AGREEMENT
THIS
TERMINATION OF STOCK OPTION AGREEMENT (this “
Agreement ”) is made by and between Lightyear
Network Solutions, Inc., a Nevada corporation (the “
Company ”), and ____________ (the “
Optionee ”).
Explanatory
Statement
Pursuant to the
terms of the Company’s 2010 Stock Incentive and Compensation
Plan and an Employee Stock Option Agreement between the Company and
Optionee (the “ Option Agreement ”),
Optionee has been granted an option (the “
Option ”) to purchase a number of common shares
of the Company (the “ Shares ”) at an
exercise price per Share, both as stated on the signature page to
this Agreement.
The parties now desire to terminate the Option
and the Option Agreement.
NOW, THEREFORE,
for good and valuable consideration including the promises herein,
the parties agree as follows:
1.
Termination of Option and Option Agreement
. Effective as of the time that this Agreement has been
executed by both the Optionee and the Company (the “
Effective Time ”), the Option and the Option
Agreement are hereby terminated and are no longer in force or
effect. All of the liabilities and obligations of the
Company and the Optionee relating to or arising from the Option and
the Option Agreement are hereby terminated. In addition,
the Optionee hereby surrenders the original Option Agreement to the
Company for cancelation, effective as of the Effective
Time.
2.
Bonus Payment . In consideration of the
termination of the Option, the Option Agreement and all related
liabilities and obligations, the Company shall pay to the Optionee
a cash bonus (the “ Bonus ”), in the
amount of $1.00 on or before December 31,
2011. The Bonus shall be reduced by the
withholding and payroll obligations described in
Section 5.
3.
Covenants, Representations and Warranties of the Optionee
. The Optionee covenants, represents and warrants to the
Company as follows:
(a) The
Optionee has received a letter (the “ Optionee
Letter ”) from the Company, dated December 20, 2011,
set