Anthera Pharmaceuticals Inc - FORM 10-K - EX-10.33 - EXHIBIT 10.33 - March 14, 2016

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EX-31.2 - EXHIBIT 31.2 - Anthera Pharmaceuticals Incex31_2.htm
EX-10.36 - EXHIBIT 10.36 - Anthera Pharmaceuticals Incex10_36.htm
EX-32.1 - EXHIBIT 32.1 - Anthera Pharmaceuticals Incex32_1.htm
EX-32.2 - EXHIBIT 32.2 - Anthera Pharmaceuticals Incex32_2.htm
EX-23.1 - EXHIBIT 23.1 - Anthera Pharmaceuticals Incex23_1.htm
EX-10.38 - EXHIBIT 10.38 - Anthera Pharmaceuticals Incex10_38.htm
EX-10.39 - EXHIBIT 10.39 - Anthera Pharmaceuticals Incex10_39.htm
EX-10.37 - EXHIBIT 10.37 - Anthera Pharmaceuticals Incex10_37.htm
EX-10.34 - EXHIBIT 10.34 - Anthera Pharmaceuticals Incex10_34.htm
EX-10.35 - EXHIBIT 10.35 - Anthera Pharmaceuticals Incex10_35.htm
EX-10.40 - EXHIBIT 10.40 - Anthera Pharmaceuticals Incex10_40.htm
EX-10.32 - EXHIBIT 10.32 - Anthera Pharmaceuticals Incex10_32.htm
EX-31.1 - EXHIBIT 31.1 - Anthera Pharmaceuticals Incex31_1.htm
10-K - FOR THE FISCAL YEAR ENDED DECEMBER 31, 2015 - Anthera Pharmaceuticals Incs3416010k.htm
Exhibit 10.33
 
ANTHERA PHARMACEUTICALS, INC.
Deferred Compensation Election Form
 

 
I.
Elective Deferral Percentages
 
As specified below, I elect pursuant to the Deferred Compensation Agreement entered into by Anthera Pharmaceuticals, Inc. (the “Company”) and me as of the 28th day of December, 2015  (the “Deferred Compensation Agreement”) to defer receipt of that percentage of my Eligible Compensation which would otherwise be paid to me for services during 2016 (with respect to compensation earned with respect to services to be performed by me subsequent to the date of this election) and subsequent calendar years:
 
 
Deferral Percentage:
Base Annual Salary:  60%
Annual Bonus: 100%
 
I understand that this election is irrevocable for 2016 and that unless and until this election is changed prospectively for future calendar years on a new election form before those years begin, this election shall continue as shown above for all subsequent calendar years.  Capitalized terms used in this election will have the meaning given such terms in the Deferred Compensation Agreement.
 
II.
Form and Timing of Payment of Account
 
I understand that my Account will be paid to me upon the first to occur of the dates specified in Section 3 of the Deferred Compensation Agreement and that I may specify a date for subsection (i) of such Section 3.  The date I specify for subsection (i) of Section 3 of the Deferred Compensation Agreement is January 1st, 2017.  I understand that if I do not specify a date, that the Account will be paid to me upon the first to occur of the dates/events specified in subsections (ii) through (v) of Section 3 of the Deferred Compensation Agreement.  At the End of the Deferral Period, my Account will be paid as specified in Section 4 of the Deferred Compensation Agreement, subject to the requirements of Section 8 of the Deferred Compensation Agreement.
 
I understand that any amounts deferred by this election and any other amounts deferred by me pursuant to the Deferred Compensation Agreement shall be credited to a bookkeeping account established for me by the Company and that any segregation of Company assets intended to satisfy the obligations of the Company under the Deferred Compensation Agreement shall not confer a beneficial ownership interest on me and any such assets shall remain subject to the claims of the general creditors of the Company in the event of the bankruptcy or insolvency of the Company.
 
 
 
 
 
Executed on the date specified below.
 
 
/s/ Paul F. Truex
  
December 28th, 2015
Executive: Paul F. Truex
  
Date
Title: President and CEO
    

 
Receipt of Form by Company
 
Received by:
/s/ May Liu
  

Title:
SVP, Finance & Administration
  

Date signed:
December 28th, 2015
  

 
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