CYTRX CORP - FORM 10-K - EX-10.36 - STEVEN KRIEGSMAN THIRD AMENDMENT TO 4TH AMENDED AND RESTATED EMPLOYMENT AGREEMENT DATED MARCH 8, 2016 - March 10, 2016

Attached files

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EX-4.5 - COMMON STOCK PURCHASE WARRANT ISSUED TO ALEXANDER CAPITAL, L.P. - CYTRX CORPexh_4-5.htm
EX-31.2 - CERTIFICATION OF CHIEF FINANCIAL OFFICER, PURSUANT TO 15 U.S.C. SECTION 7241 - CYTRX CORPexh_31-2.htm
EX-23.1 - CONSENT OF BDO USA, LLP - CYTRX CORPexh_23-1.htm
EX-32.2 - CERTIFICATION OF CHIEF FINANCIAL OFFICER, PURSUANT TO 18 U.S.C. SECTION 1350 - CYTRX CORPexh_32-2.htm
EX-32.1 - CERTIFICATION OF CHIEF EXECUTIVE OFFICER, PURSUANT TO 18 U.S.C. SECTION 1350 - CYTRX CORPexh_32-1.htm
EX-31.1 - CERTIFICATION OF CHIEF EXECUTIVE OFFICER, PURSUANT TO 15 U.S.C. SECTION 7241 - CYTRX CORPexh_31-1.htm
EX-10.12 - FORM OF NON-QUALIFIED STOCK OPTION GRANT FOR EXECUTIVE OFFICERS - CYTRX CORPexh_10-12.htm
EX-10.26 - DR. DANIEL LEVITT EMPLOYMENT AGREEMENT DATED DECEMBER 31, 2015 - CYTRX CORPexh_10-26.htm
EX-10.29 - JOHN CALOZ EMPLOYMENT AGREEMENT DATED DECEMBER 31, 2015 - CYTRX CORPexh_10-29.htm
EX-10.14 - AMENDMENT NO. 1 TO STOCK OPTION AGREEMENTS OF DR. DANIEL LEVITT, DATED DEC. 31, 2015 - CYTRX CORPexh_10-14.htm
EX-32 - LETTER AGREEMENT WITH ALEXANDER CAPITAL LLP DATED FEB. 9, 2016 - CYTRX CORPexh_10-32.htm
EX-10.13 - FORM OF NON-QUALIFIED STOCK OPTION FOR GRANTS TO S. KRIEGSMAN AND DR. D. LEVITT - CYTRX CORPexh_10-13.htm
EX-10.15 - AMENDMENT NO. 1 TO STOCK OPTION AGREEMENTS (2000 PLAN) OF STEVEN. KRIEGSMAN, DATED MARCH 8, 2016 - CYTRX CORPexh_10-15.htm
EX-10.28 - SCOTT WIELAND EMPLOYMENT AGREEMENT DATED DECEMBER 31, 2015 - CYTRX CORPexh_10-28.htm
EX-10.30 - OLIVIA WARE EMPLOYMENT AGREEMENT DATED JANUARY 11, 2016 - CYTRX CORPexh_10-30.htm
EX-10.16 - AMENDMENT NO. 1 TO STOCK OPTION AGREEMENTS (2008 PLAN) OF STEVEN. KRIEGSMAN, DATED MARCH 8, 2016 - CYTRX CORPexh_10-16.htm
10-K - FORM 10-K ANNUAL REPORT FOR FISCAL YEAR ENDING 2015 DECEMBER 31 - CYTRX CORPform10-k_2015.htm
EX-10.27 - BENJAMIN LEVIN EMPLOYMENT AGREEMENT DATED DECEMBER 31, 2015 - CYTRX CORPexh_10-27.htm
EX-10.11 - FORM OF NON-QUALIFIED STOCK OPTION GRANT TO NON-EMPLOYEE DIRECTORS - CYTRX CORPexh_10-11.htm
 
Exhibit 10.36

THIRD AMENDMENT TO FOURTH AMENDED
 AND RESTATED EMPLOYMENT AGREEMENT
This Third Amendment (this "Amendment") is entered into as of March 8, 2016, between CytRx Corporation, a Delaware corporation ("Employer"), and Steven Kriegsman ("Employee") in order to amend as follows that certain Fourth Amended and Restated Employment Agreement, effective as of May 10, 2012, as amended by the First Amendment thereto dated as of March 4, 2014 and the Second Amendment thereto dated as of January 1, 2015 (as so amended, the "Employment Agreement"), between Employer and Employee.
1.            Stock Options.  Section 6.3 of the Employment Agreement is hereby amended by removing therefrom the first sentence and substituting the following:
"Employer and Employee shall enter into mutually satisfactory amendments to all stock option agreements between Employer and Employee pursuant to Employer's 2008 Stock Incentive Plan to provide for the vesting, in full, of stock options subject to each such stock option agreement in the event of, and upon, FDA approval to market aldoxorubicin.  Employee also shall be eligible for grants of stock options, restricted stock and other equity awards based on Employer stock in accordance with Employer's practices and policies with respect to its senior executives."
2.            Survival.  Section 20 of the Employment Agreement is hereby amended to add the following sentence at the end of current Section 20:
"For the avoidance of doubt and without limiting the foregoing, in the event of Employee's termination of employment by Employer other than for Cause or Employee's voluntary termination of employment with the Company for Good Reason, in either case following the expiration of the Term (including without limitation an expiration of the Term arising from the issuance of either party of non-renewal of this Agreement under Section 5), Employee shall be eligible for the severance benefits set forth in Sections 7.2, 7.3 and 7.5."
3.            No Other Changes to the Employment Agreement.  Except as expressly amended by this Amendment, all of the terms of the Employment Agreement shall remain in full force and effect.
 
IN WITNESS WHEREOF, the parties have entered into this Amendment as of the date first set forth above.
 EMPLOYER:      EMPLOYEE:  
 CYTRX CORPORATION        
/s/ JOHN Y. CALOZ
    
/s/ STEVEN A. KRIEGSMAN
  
John Y. Caloz
    
Steven A. Kriegsman
  
Chief Financial Officer
    
 
  
 

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