EX-10.55 18 ex1055.htm EX-10.55
1
EMPLOYMENT AGREEMENT
THIS
EMPLOYMENT AGREEMENT
(this
“
Agreement
”)
is
made
this
30th
day
of
September,
2024 by and
among Lesaka Technologies,
Inc., a Florida
corporation (“
Company
”) and Daniel
Luke
Smith (“
Executive
”).
Each of the Company and Executive is a “
Party
” and, collectively, they are the
“
Parties
.”
WHEREAS
, the
Company desires
to employ
Executive as
the
Group
Chief Financial
Officer, Treasurer
and Secretary of the
Company and Executive desires
to be so
employed in accordance with
the terms
and conditions set forth herein.
NOW
,
THEREFORE
, in consideration
of the
foregoing and
the mutual
covenants and
promises in
this
Agreement, the parties agree as follows:
Employment
.
Executive
will
be
employed
as
the
Group
Chief
Financial
Officer,
Treasurer
and
Secretary of the
Company and Executive
hereby agrees to
accept such employment
and agrees
to serve
as the
Group Chief
Financial Officer,
Treasurer
and Secretary
of the
Company,
all in
accordance
with
the
terms
and
conditions
of
this
Agreement.
The
Parties
acknowledge
that
Executive’s
employment relationship
with the
Company is
at-will.
The period
of Executive’s
employment under this Agreement shall commence on October 1, 2024 and
shall continue until
and including 30 September 2027 (such period of employment, the “
Employment Period
”).
In
this Agreement, the Company and its subsidiaries are collectively
referred to as the “Group.”
Position and Responsibilities
.
During the
Employment Period,
Executive shall
report to the
Executive
Chairman (the
“
Manager
”) and
shall have
the duties,
responsibilities, functions and
authority,
including administrative, financial, executive and managerial
as are customary to the position of
Group Chief
Financial Officer.
Executive shall
serve as
a member
of the
Board and
board of
directors (or similar governing body) of any other member of the Group as may be requested by
the Board.
Stock
Incentive
Plan
participation
.
Executive
shall
be
eligible
to
participate
in
the
Company’s
Amended
and
Restated
2022
Stock
Incentive
Plan
(the
“
2022
Plan
”)
or
such
other
equity
incentive plan(s)
as may
be implemented
by the
Board from
time to
time as
determined in
the
sole discretion of the Remuneration Committee of the Board.
Compliance with Company Policies.
The Executive shall comply with all written Company policies,
standards, rules and regulations
(a “
Company Policy
” or collectively, the “
Company Policies
”)
and
all
applicable
government
laws,
rules
and
regulations
that
are
now
or
hereafter in
effect.
Executive acknowledges receipt of
copies of all written Company
Policies that are in effect
as of
the date of this Agreement.
Restrictive Covenants Agreement
.
On the date hereof, Executive shall execute a restrictive
covenants agreement, in the form of Exhibit A attached hereto and
made a part hereof (the
“
Restrictive Covenants Agreement
”).
Exhibit 10.55
2
Modification and Waiver
. This Agreement may not be
modified or amended, nor may any
provisions
of this Agreement
be waived,
except by an
instrument in
writing signed
by the
parties. No
written
waiver will be deemed
to be a continuing
waiver unless specifically
stated therein, and
each such
waiver will
operate only
as to
the specific
term or
condition waived
and shall
not constitute
a
waiver of such
term or condition
for the
future or as
to any
act other than
that specifically
waived.
Notices
. Any notice, consent,
waiver and other communications required
or permitted pursuant to
the
provisions of this Agreement
must be in writing and will
be deemed to have been
properly given
(a) when delivered by hand; or (c)
when sent by email , in
each case to any party at
the mailing
address, facsimile number or
email address set
forth below, or, with respect to any
party set forth
below, at such
other address,
facsimile number
or email
address specified
in writing
by such
party
to the other parties hereto in accordance with this Section 7:
If to the Executive Chairman:
Lesaka Technologies, Inc.
President Place, 6
th
Floor
Cnr. Jan Smuts Avenue
and Bolton Road
Rosebank, Johannesburg, South Africa
Facsimile: +27118807080
Attn: Ali Mazanderani
Email: XXX
If to Executive:
Daniel Luke Smith
XXX
Email: XXX
Governing Law
. This Agreement shall be governed
by the laws of the
State of New York
and, to the
extent applicable, U.S. federal law, and the parties agree to submit to the jurisdiction of
the state
and federal courts sitting in New York, New York
for all disputes hereunder.
Counterparts
.
This
Agreement
may
be
executed
in
separate
counterparts
and
may
be
executed
by
facsimile
or
PDF
copies,
each
of
which
is
deemed
to
be
an
original
and
all
of
which,
taken
together, constitute one and the same agreement.
Remainder of Page Intentionally Blank; Signature Page to Follow
3
IN
WITNESS
WHEREOF
,
the
Company
has
caused
this
Agreement
to
be
executed
by
its
duly
authorized officer and Executive has signed this Agreement, as of the date first above
written.
LESAKA TECHNOLOGIES, INC.
By: /s/ Ali Mazanderani
Name: Ali Mazanderani
Title: Executive Chairman
EXECUTIVE
/s/ Dan Smith
Daniel Luke Smith
4
Exhibit A
Restrictive Covenants Agreement