Exhibit 10.52
Supplemental agreement , dated as of July 31, 2009, between Steven
Murray and MXenergy Inc., a Delaware corporation.
Preliminary
statement
Certain capitalized terms used herein have the
meanings set forth in section 1 hereof.
Murray and the Company wish to memorialize their
understanding with respect to the amount and timing of and
conditions to payment of Murray’s bonuses for fiscal years
2008 and 2009 and the treatment of his outstanding
options.
Accordingly, in consideration of the mutual
promises contained herein, the concurrent execution by Murray of
the Assignment and Acceptances and other good and valuable
consideration the sufficiency of which is hereby acknowledged, the
parties hereto agree as follows.
Agreement
1.
Certain defined terms
.
(a)
“ Assignment and
Acceptances ” means the forms of assignment and
acceptance attached hereto as exhibit A.
(b)
“ Company ” means
MxEnergy Inc., a Delaware corporation.
(c)
“ Employment Agreement
” means that certain employment agreement between Murray and
the Company, dated as of August ,
2006.
(d)
“ Murray ” means
Steven Murray, an individual.
(e)
“ Senior Management
Team ” has its customary meaning as used at the Company
and includes the top ten managers employed by the Company and its
affiliates. This team includes, among others, Bob Blake, Gina
Goldberg, Robi Artman-Hodge, Paul Konikowski, Rodger Krakau,
Jeffrey Mayer, Chaitu Parikh and Robert Werner.
2.
Agreement as to Murray’s
bonuses.
(a)
The amount of the unpaid portion of
Murray’s bonus for the Company’s 2008 fiscal year
pursuant to section 4(a) of the Employment Agreement is
$140,788.
(b)
The amount of Murray’s bonus
for the Company’s 2009 fiscal year pursuant to section
4(a) of the Employment Agreement will be determined by the
Company in its sole discretion subject to the re
