{"id":40286,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/promissory-note-akamai-technologies-inc-and-timothy-weller2.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"promissory-note-akamai-technologies-inc-and-timothy-weller2","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/compensation\/promissory-note-akamai-technologies-inc-and-timothy-weller2.html","title":{"rendered":"Promissory Note &#8211; Akamai Technologies Inc. and Timothy Weller"},"content":{"rendered":"<pre>                                 PROMISSORY NOTE\n                                 ---------------\n\n                                                                   July 23, 1999\n$2,619,750                                                    New York, New York\n\n     FOR VALUE RECEIVED, Timothy Weller (the 'Maker'), promises to pay to Akamai\nTechnologies, Inc. (the 'Company'), or order, at its offices or at such other\nplace as the holder of this Note may designate, the principal sum of $\n2,619,750, together with interest on the unpaid principal balance of this Note\nfrom time to time outstanding at the rate of 6.1% per year, compounded annually,\nuntil paid in full. Principal and interest shall be paid in full on July 23,\n2009; provided, however, if the Maker sells any shares of the Company, he shall\nmake a prepayment on this Note equal to the proceeds of such sale (net of\ntaxes), such payment applied first to accrued and unpaid interest and then to\nprincipal until paid in full.\n\n     Interest on this Note shall be computed on the basis of a year of 365 days\nfor the actual number of days elapsed. All payments by the Maker under this Note\nshall be in immediately available funds.\n\n     This Note shall become immediately due and payable without notice (except\nas provided in paragraph (1) below) or demand upon the occurrence at any time of\nany of the following events of default (individually, 'an Event of Default' and\ncollectively, 'Events of Default'):\n\n     (1)  default in the payment or performance of this or any other liability\n          or obligation of the Maker under a written contract to the holder that\n          is not cured within 30 days after written notice of default thereof,\n          including the payment when due of any principal, premium or interest\n          under this Note;\n\n     (2)  the insolvency of the Maker, or the appointment of a receiver or\n          custodian for the Maker or any part of its property if such\n          appointment is not terminated or dismissed within thirty (30) days;\n\n     (3)  the institution against the Maker or any indorser or guarantor of this\n          Note of any proceedings under the United States Bankruptcy Code or any\n          other federal or state bankruptcy, reorganization, receivership,\n          insolvency or other similar law affecting the rights of creditors\n          generally, which proceeding is not dismissed within thirty (30) days\n          of filing; or\n\n     (4)  the institution by the Maker or any indorser or guarantor of this Note\n          of any proceedings under the United States Bankruptcy Code or any\n          other federal or state bankruptcy, reorganization, receivership,\n          insolvency or other similar law affecting the rights of creditors\n          generally or the making by the Maker or any indorser or guarantor of\n          this Note of a composition or an assignment or trust mortgage for the\n          benefit of creditors.\n\n\n\n\n\n     Upon the occurrence of an Event of Default, the holder shall have then, or\nat any time thereafter, all of the rights and remedies afforded by the Uniform\nCommercial Code as from time to time in effect in the Commonwealth of\nMassachusetts or afforded by other applicable law.\n\n     All payments by the Maker under this Note shall be made without set-off or\ncounterclaim and be free and clear and without any deduction or withholding for\nany taxes or fees of any nature whatever, unless the obligation to make such\ndeduction or withholding is imposed by law. The Maker shall pay and save the\nholder harmless from all liabilities with respect to or resulting from any delay\nor omission to make any such deduction or withholding required by law.\n\n     No reference in this Note to any guaranty or other document shall impair\nthe obligation of the Maker, which is absolute and unconditional, to pay all\namounts under this Note strictly in accordance with the terms of this Note.\n\n     The Maker agrees to pay on demand all costs of collection, including\nreasonable attorneys' fees, incurred by the holder in enforcing the obligations\nof the Maker under this Note.\n\n     No delay or omission on the part of the holder in exercising any right\nunder this Note shall operate as a waiver of such right or of any other right of\nsuch holder, nor shall any delay, omission or waiver on any one occasion be\ndeemed a bar to or waiver of the same or any other right on any future occasion.\nThe Maker and every indorser or guarantor of this Note regardless of the time,\norder or place of signing waives presentment, demand, protest and notices of\nevery kind and assents to any extension or postponement of the time of payment\nor any other indulgence, to any substitution, exchange or release of collateral,\nand to the addition or release of any other party or person primarily or\nsecondarily liable.\n\n     This Note may be prepaid in whole or in part at any time or from time to\ntime. Any such prepayment shall be without premium or penalty.\n\n     None of the terms or provisions of this Note may be excluded, modified or\namended except by a written instrument duly executed on behalf of the holder\nexpressly referring to this Note and setting forth the provision so excluded,\nmodified or amended.\n\n     All rights and obligations hereunder shall be governed by the laws of the\nCommonwealth of Massachusetts and this Note is executed as an instrument under\nseal.\n\n\n\n                                              \/s\/ Timothy Weller\n                                              -------------------------------\n                                              Timothy Weller\n\n\n                                       -2-\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[6606],"corporate_contracts_industries":[],"corporate_contracts_types":[9539,9544],"class_list":["post-40286","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-akamai-technologies-inc","corporate_contracts_types-compensation","corporate_contracts_types-compensation__employment"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/40286","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=40286"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=40286"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=40286"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=40286"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}