Browse EX-10 agreements

Portions of this agreement (indicated by “[***]”) have been omitted as the Registrant has determined that: (i) the omitted information is not material; and (ii) the omitted information is the type that the Registrant treats as private or confidential.

PROLOGIS CLEAR LEASE

THIS LEASE is made between Landlord and Tenant as of the Effective Date below.

1. General Defined Terms.

a)		Effective Date:		June 2, 2023
b)		Landlord:		Duke Realty Limited Partnership
c)		Landlord Notice Address:		Prologis		With copy to:  Prologis
				9655 Katy Freeway				Attn. General Counsel
				Suite 400				1800 Wazee Street
				Houston, Texas 77024				Suite 500
								Denver, CO 80202

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Portions of this agreement (indicated by “[***]”) have been omitted as the Registrant has determined that: (i) the omitted information is not material; and (ii) the omitted information is the type that the Registrant treats as private or confidential.

VINE STREET STUDIOS

SIXTH AMENDMENT TO OFFICE/WAREHOUSE LEASE

This SIXTH AMENDMENT TO OFFICE/WAREHOUSE LEASE AGREEMENT (“Amendment”) is made effective as of November 1. 2020, by and between VINE STREET STUDIOS, I LC (“Landlord”) and Enchanted Rock Management LLC, (“Tenant”).

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Portions of this agreement (indicated by “[***]”) have been omitted as the Registrant has determined that: (i) the omitted information is not material; and (ii) the omitted information is the type that the Registrant treats as private or confidential.

VINE STREET STUDIOS

FIFTH AMENDMENT TO OFFICE/WAREHOUSE LEASE

This FIFTH AMENDMENT TO OFFICE/WAREHOUSE LEASE AGREEMENT (“Amendment”) is made effective as of AUGUST 1, 2020, by and between VINE STREET STUDIOS, LLC (“Landlord”) and Enchanted Rock Management LLC, (“Tenant”).

Landlord and Tenant entered into that certain Office/Warehouse Lease Agreement (as amended by that certain First Amendment dated as of November 1, 2018, Second Amendment dated as of October 1, 2019, Third Amendment dated as of November 1, 2019, and Fourth Amendment dated as of May 1, 2020, the “Lease”) dated June 1, 2018 for certain office space in the building located at 1113 Vine Street, Houston, Harris County, Texas (the “Premises”).

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Portions of this agreement (indicated by “[***]”) have been omitted as the Registrant has determined that: (i) the omitted information is not material; and (ii) the omitted information is the type that the Registrant treats as private or confidential.

VINE STREET STUDIO

FOURTH AMENDMENT TO OFFICE/WAREHOUSE LEASE

This FOURTH AMENDMENT TO OFFICE/WAREHOUSE LEASE AGREEMENT (‘Amendment”) is made effective as of May 1, 2020, by and between VINE STREET STUDIOS, LLC (“Landlord”) and Enchanted Rock Management, LLC (“Tenant”).

Landlord and Tenant entered into that certain Office/Warehouse Lease Agreement (the “Lease”) dated June 1, 2018, by Amendment to office Warehouse Lease date January 10, 2019 for Suite 101, Suite 115, Suite, 121, Suite 117 in the building locate at 1113 Vines Street, Houston, Harris County, Texas and the Second Amendment for Suite 138 and 206 date September 11, 2019 and the Third Amendment for Suite 210 dated October 22, 2019 (the “Premises”).

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Portions of this agreement (indicated by “[***]”) have been omitted as the Registrant has determined that: (i) the omitted information is not material; and (ii) the omitted information is the type that the Registrant treats as private or confidential.

VINE STREET STUDIOS

THIRD AMENDMENT TO OFFICE/WAREHOUSE LEASE

This THIRD AMENDMENT TO OFFICE/WAREHOUSE LEASE AGREEMENT (“Amendment”) is made effective as of November 1., 2019, by and between VINE STREET STUDIOS, LLC (“Landlord”) and Enchanted Rock Management LLC, (“Tenant”).

Landlord and Tenant entered into that certain Office/Warehouse Lease Agreement (the “Lease”) dated June 1, 2018, and Amended by First Amendment to Office/Warehouse Lease dated January 10. 2019 for Suite 101, Suite 115, Suite 121, Suite 110. and Suite 117 in the building located at 1113 Vine Street, Houston, Harris County, Texas and the Second Amendment for Suite 138 and 206 dated September 11, 2019 (the “Premises”).

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Portions of this agreement (indicated by “[***]”) have been omitted as the Registrant has determined that: (i) the omitted information is not material; and (ii) the omitted information is the type that the Registrant treats as private or confidential.

VINE STREET STUDIOS

SECOND AMENDMENT TO OFFICE/WAREHOUSE LEASE

This SECOND AMENDMENT TO OFFICE/WAREHOUSE LEASE AGREEMENT (“Amendment”) is made effective as of October 1, 2019, by and between VINE STREET STUDIOS, LLC (“Landlord”) and Enchanted Rock Management LLC, (“Tenant”).

Landlord and Tenant entered into that certain Office/Warehouse Lease Agreement (the “Lease”) dated June 1, 2018 and Amended by First Amendment to Office/Warehouse Lease dated January 10, 2019 for Suite 101, Suite 115, Suite 121, Suite 110, and Suite 117 in the building located at 1113 Vine Street, Houston, Harris County, Texas (the “Premises”).

Landlord and Tenant desire by this Amendment to amend the Lease as herein provided and, except as modified herein, to confirm the Lease as amended.

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Portions of this agreement (indicated by “[***]”) have been omitted as the Registrant has determined that: (i) the omitted information is not material; and (ii) the omitted information is the type that the Registrant treats as private or confidential.

FIRST AMENDMENT TO OFFICE/WAREHOUSE LEASE

This FIRST AMENDMENT TO OFFICE/WAREHOUSE LEASE AGREEMENT (“Amendment”) is made effective as of November 1, 2018, by and between VINE STREET STUDIOS, LLC (“Landlord”) and Enchanted Rock Management, LLC (“Tenant”).

Landlord and Tenant entered into that certain Office/Warehouse Lease Agreement (the “Lease”) dated June 1, 2018, for Suite 101, suite 115. suite 121, suite 110 and suite 117 in the building located at 1113 Vine Street, Houston, Harris County, Texas (the “Premises”).

Landlord and Tenant desire by this Amendment to amend the Lease as herein provided and, except as modified herein, to confirm the Lease as amended.

IN CONSIDERATION OF THE AGREEMENTS HEREIN, Landlord and Tenant agrees as follows:

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Portions of this agreement (indicated by “[***]”) have been omitted as the Registrant has determined that: (i) the omitted information is not material; and (ii) the omitted information is the type that the Registrant treats as private or confidential.

OFFICE/WAREHOUSE LEASE AGREEMENT

This Office/ Warehouse Lease Agreement (“Lease”) isentered into by and between the Landlord and the Tenant named below.

ARTICLE 1.

DEFINITIONS

This Article contains definitions of certain terms used in this Lease, set forth as follows:

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EROCK, INC.

EXECUTIVE SEVERANCE PLAN

1. Purpose. The purpose of the ERock, Inc. Executive Severance Plan (the “Plan”) is to provide severance benefits to certain employees of ERock, Inc. and its Affiliates in the event of a Qualifying Termination or Change in Control Qualifying Termination. The Plan is maintained for the purpose of providing benefits for a select group of management or highly compensated employees.

2. Definitions.

(a) “Affiliate” means any entity in which the Company has a substantial direct or indirect equity interest.

(b) “Base Salary” means the Participant’s annualized base salary, as in effect immediately before the Participant’s termination of employment (without regard to any reduction that constitutes Good Reason), excluding overtime, bonuses, incentive compensation or any other special payments.

(c) “Board” means the Board of Directors of the Company.

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ERock, Inc.

Non-Employee Director Compensation Policy

Each member of the Board of Directors (the “Board”) of ERock, Inc., a Delaware corporation (the “Company”) who is not an employee of the Company or any of its direct or indirect subsidiaries (each, a “Non-Employee Director”) shall receive compensation in accordance with this Non-Employee Director Compensation Policy (this “Policy”) as set forth below:

1. Cash Retainers

a. Annual Retainer for Board Membership: Each Non-Employee Director will be paid an annual cash retainer for service as a member of the Board of $80,000.

b. Additional Annual Retainers for Committee Member Chairs: Each Non-Employee Director appointed to serve as chairperson of a standing Board committee will receive the following additional annual cash retainer for service as chair of each such committee:

Chair of the Audit Committee		$	25,000
Chair of the Compensation Committee		$	15,000
Chair of the Governance Committee		$	15,000

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EROCK, INC.

2026 EQUITY INCENTIVE PLAN

1. Purpose

The purpose of this ERock, Inc. 2026 Equity Incentive Plan (the “Plan”) is to promote and closely align the interests of employees, officers, non-employee directors and other individual service providers of ERock, Inc. and its stockholders by providing stock-based compensation and other performance-based compensation. The objectives of the Plan are to attract and retain the best available employees, officers, non-employee directors and other individual service providers for positions of substantial responsibility and to motivate Participants to optimize the profitability and growth of the Company through incentives that are consistent with the Company’s goals and that link the personal interests of Participants to those of the Company’s stockholders. The Plan provides for the grant of Options, Stock Appreciation Rights, Restricted Stock, Restricted Stock Units and Other Stock-Based Awards and for Incentive Bonuses, which may be paid in cash, Common Stock or a combination thereof, as determined by the Committee.

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INDEMNIFICATION AGREEMENT

This Indemnification Agreement (this “Agreement”) is entered into as of [         ], 2026 (the “Effective Date”) by and between ERock, Inc., a Delaware corporation (the “Company”), and [         ] (the “Indemnitee”).

RECITALS

WHEREAS, the Board of Directors of the Company (the “Board of Directors”) has determined that the inability to attract and retain qualified persons as directors and officers is detrimental to the best interests of the Company’s stockholders and that the Company should act to assure such persons that there shall be adequate certainty of protection through insurance and indemnification against risks of claims and actions against them arising out of their service to and activities on behalf of the Company;

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