Exhibit 10.1 EMPLOYMENT AGREEMENT Agreement made as of the 13th day of August, 1998 (the "Effective Date"), by and between Peritus Software Services, Inc., a Massachusetts corporation (the "Company"), and John Giordano (the "Employee"). The Company...Employment Agreement • December 14th, 1998 • Peritus Software Services Inc • Services-computer programming services • Massachusetts
Contract Type FiledDecember 14th, 1998 Company Industry Jurisdiction
RENT PERIOD ANNUAL BASE RENT MONTHLY RENT -------------------------------------------------- Lease Year 1 $ 750,000.00 $ 62,500.00 -------------------------------------------------- Lease Year 2 $ 950,000.00 $ 79,166.67...Lease Agreement • March 31st, 1998 • Peritus Software Services Inc • Services-computer programming services • Massachusetts
Contract Type FiledMarch 31st, 1998 Company Industry Jurisdiction
EXHIBIT 10.21 ------------- PERITUS SOFTWARE SERVICES, INC. EMPLOYMENT AGREEMENT Agreement made as of the 27/th/ day of January, 1997 (the "Effective Date"), by and between Peritus Software Services, Inc., a Massachusetts corporation (the "Company"),...Employment Agreement • May 14th, 1997 • Peritus Software Services Inc • Massachusetts
Contract Type FiledMay 14th, 1997 Company Jurisdiction
BY AND BETWEEN --------------Share Purchase Agreement • December 14th, 1998 • Peritus Software Services Inc • Services-computer programming services • Massachusetts
Contract Type FiledDecember 14th, 1998 Company Industry Jurisdiction
BACKGROUNDLicense Agreement • July 1st, 1997 • Peritus Software Services Inc • Services-computer programming services • Massachusetts
Contract Type FiledJuly 1st, 1997 Company Industry Jurisdiction
SERVICE AGREEMENT: AUTOMATE: 2000/(R)/ SERVICESService Agreement • August 14th, 1998 • Peritus Software Services Inc • Services-computer programming services • Ohio
Contract Type FiledAugust 14th, 1998 Company Industry Jurisdiction
No. W-1 Right to Purchase 125,000 Shares of Class A Voting Common Stock of Peritus Software Services, Inc. PERITUS SOFTWARE SERVICES, INC. Common Stock Purchase Warrant Peritus Software Services, Inc., a Massachusetts corporation (the "Company"),...Common Stock Purchase Warrant • May 14th, 1997 • Peritus Software Services Inc • Massachusetts
Contract Type FiledMay 14th, 1997 Company Jurisdiction
EXHIBIT 10.1 SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Agreement") is made as of September 15, 1999, by and between PERITUS SOFTWARE SERVICES, INC., a Massachusetts corporation with an address at Two Federal Street, Billerica, Massachusetts...Settlement Agreement • November 12th, 1999 • Peritus Software Services Inc • Services-computer programming services • Massachusetts
Contract Type FiledNovember 12th, 1999 Company Industry Jurisdiction
EXHIBIT 10.52 SEPARATION AGREEMENT AND RELEASE -------------------------------- AGREEMENT made as of the 30th day of March 1999, by and between Peritus Software Services, Inc. (the "Company") and Peter Espinosa (the "Employee"). WHEREAS, the parties...Separation Agreement • April 15th, 1999 • Peritus Software Services Inc • Services-computer programming services • Massachusetts
Contract Type FiledApril 15th, 1999 Company Industry Jurisdiction
September 6, 1996 Fleet National Bank 75 State Street Boston, MA 02109 Gentlemen: This letter agreement will set forth certain understandings between Peritus Software Services, Inc., a Massachusetts corporation (the "Borrower") and Fleet National Bank...Loan Agreement • May 14th, 1997 • Peritus Software Services Inc • Massachusetts
Contract Type FiledMay 14th, 1997 Company Jurisdiction
Common StockUnderwriting Agreement • July 1st, 1997 • Peritus Software Services Inc • Services-computer programming services • New York
Contract Type FiledJuly 1st, 1997 Company Industry Jurisdiction
COMMON STOCK PURCHASE AGREEMENT BETWEEN PERITUS SOFTWARE SERVICES, INC. AND BULL HN INFORMATION SYSTEMS INC. DATED MAY 29, 1992Common Stock Purchase Agreement • May 14th, 1997 • Peritus Software Services Inc • Massachusetts
Contract Type FiledMay 14th, 1997 Company Jurisdiction
EXHIBIT 10.42 ------------- [FLEET BANK LOGO APPEARS HERE] November 26th, 1997 Mr. John McPhee Director of Finance & Treasurer Peritus Software Services, Inc. 304 Concord Road Billerica, MA 01821-3485 Dear John: Reference is hereby made to the Letter...Letter Agreement • March 31st, 1998 • Peritus Software Services Inc • Services-computer programming services
Contract Type FiledMarch 31st, 1998 Company IndustryReference is hereby made to the Letter Agreement (the "Agreement") dated September 6, 1996, and amended as of March 30, 1997, and June 30, 1997, by and between Peritus Software Services, Inc. ("Peritus" or the "Company") and Fleet National Bank (the "Bank").
L E A S E ---------Lease • November 12th, 1999 • Peritus Software Services Inc • Services-computer programming services • Massachusetts
Contract Type FiledNovember 12th, 1999 Company Industry Jurisdiction
By and AmongAsset Purchase Agreement • December 16th, 1997 • Peritus Software Services Inc • Services-computer programming services • Massachusetts
Contract Type FiledDecember 16th, 1997 Company Industry Jurisdiction
Annex A PERITUS SOFTWARE SERVICES, INC. Registration Rights Agreement This Registration Rights Agreement (this "Agreement") dated as of March 27, 2000 is entered into between Peritus Software Services, Inc., a Massachusetts corporation (the...Registration Rights Agreement • March 30th, 2000 • Peritus Software Services Inc • Services-computer programming services • Massachusetts
Contract Type FiledMarch 30th, 2000 Company Industry Jurisdiction
EXHIBIT 10.24 Confidential materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote such omissions. LICENSE AGREEMENT This License Agreement ("Agreement") is by and between Bull HN Information Systems Inc.,...License Agreement • May 14th, 1997 • Peritus Software Services Inc
Contract Type FiledMay 14th, 1997 Company
SCHEDULE A TO SECURITY AGREEMENT (TRADEMARKS)Security Agreement • May 14th, 1997 • Peritus Software Services Inc
Contract Type FiledMay 14th, 1997 CompanyWHEREAS, PERITUS SOFTWARE SERVICES, INC, a Massachusetts corporation, with a principal place of business at 304 Concord Road, Billerica, MA 01821 (the "Company") and FLEET NATIONAL BANK, with a place of business at 75 State Street, Boston, Massachusetts 02109 (the "Bank") have entered into an Inventory, Accounts Receivable and Intangibles Security Agreement dated as of September 6, 1996 (the "Security Agreement") and are also parties to a related letter agreement (the "Letter Agreement") between the Bank and the Company; and
LEASELease • May 14th, 1997 • Peritus Software Services Inc • Massachusetts
Contract Type FiledMay 14th, 1997 Company Jurisdiction
EXHIBIT 10.14 ------------- REGISTRATION RIGHTS AGREEMENT March 15, 1996 AGREEMENT, made as of the 15th day of March, 1996, by and among Peritus Software Services, Inc., a Massachusetts corporation (the "Company") and the persons listed in the...Registration Rights Agreement • May 14th, 1997 • Peritus Software Services Inc • Massachusetts
Contract Type FiledMay 14th, 1997 Company Jurisdiction
EXHIBIT 10.30 ------------- PROMISSORY NOTE ---------------Promissory Note • May 14th, 1997 • Peritus Software Services Inc
Contract Type FiledMay 14th, 1997 CompanyFOR VALUE RECEIVED, the undersigned Peritus Software Services, Inc., a Massachusetts corporation (the "Borrower") hereby promises to pay to the order of FLEET NATIONAL BANK (the "Bank") the principal amount of Eight Hundred Twenty-Five Thousand and 00/100 ($825,000.00) Dollars or such portion thereof as may be advanced by the Bank as one or more "Additional Term Loans" pursuant to (S) 1.4 of the below-described Letter Agreement and remains outstanding from time to time hereunder ("Principal"), with interest, at the rate hereinafter set forth, on the daily balance of all unpaid Principal, from the date hereof until payment in full of all Principal and interest hereunder. As used herein, "Letter Agreement" means that certain letter agreement of even date herewith between the Bank and the Borrower.
RECITALSIntellectual Property Security Agreement • March 30th, 2000 • Peritus Software Services Inc • Services-computer programming services • California
Contract Type FiledMarch 30th, 2000 Company Industry Jurisdiction
VOTING AGREEMENT ----------------Voting Agreement • May 14th, 1997 • Peritus Software Services Inc
Contract Type FiledMay 14th, 1997 Company
INDEX -----Note and Warrant Purchase Agreement • May 14th, 1997 • Peritus Software Services Inc • Massachusetts
Contract Type FiledMay 14th, 1997 Company Jurisdiction
EXHIBIT 10.16 ------------- VOTING AGREEMENT ---------------- AGREEMENT dated as of March 15, 1996, among Peritus Software Services, Inc., a Massachusetts corporation (the "Company") and the persons listed as Purchasers in the signature pages hereto...Voting Agreement • May 14th, 1997 • Peritus Software Services Inc
Contract Type FiledMay 14th, 1997 Company
Exhibit 10.34 ------------- Employment Agreement Agreement made as of the 21st day of January 2000 (the "Effective Date"), by and between Peritus Software Services, Inc., a Massachusetts corporation (the "Company"), and John Giordano (the "Employee")....Employment Agreement • March 30th, 2000 • Peritus Software Services Inc • Services-computer programming services • Massachusetts
Contract Type FiledMarch 30th, 2000 Company Industry Jurisdiction
EXHIBIT 10.37 ------------- AGREEMENT AND PLAN OF MERGERMerger Agreement • May 14th, 1997 • Peritus Software Services Inc • Massachusetts
Contract Type FiledMay 14th, 1997 Company Jurisdiction
EXHIBIT 10.29 ------------- PROMISSORY NOTE ---------------Promissory Note • May 14th, 1997 • Peritus Software Services Inc
Contract Type FiledMay 14th, 1997 CompanyFOR VALUE RECEIVED, the undersigned Peritus Software Services, Inc., a Massachusetts corporation (the "Borrower") hereby promises to pay to the order of FLEET NATIONAL BANK (the "Bank") the principal amount of Six Hundred Seventy- Five Thousand and 00/100 ($675,000.00) Dollars ("Principal"), with interest, at the rate hereinafter set forth, on the daily balance of all unpaid Principal, from the date hereof until payment in kill of all Principal and interest hereunder. As used herein, "Letter Agreement" means that certain letter agreement of even date herewith between the Bank and the Borrower.
Exhibit 10.3 EMPLOYMENT AGREEMENT Agreement made as of the 9th day of September 1999 (the "Effective Date"), by and between Peritus Software Services, Inc., a Massachusetts corporation (the "Company"), and John Giordano (the "Employee"). This...Employment Agreement • November 12th, 1999 • Peritus Software Services Inc • Services-computer programming services • Massachusetts
Contract Type FiledNovember 12th, 1999 Company Industry Jurisdiction
EXHIBIT 10.17 ------------- STOCK OPTION AGREEMENT ---------------------- This Agreement is entered into by and among DOMINIC CHAN ("DOMINIC"), MARSHA C. CHAN ("MARSHA") and PERITUS SOFTWARE SERVICES, INC. ("PERITUS"), a Massachusetts corporation....Stock Option Agreement • May 14th, 1997 • Peritus Software Services Inc • Massachusetts
Contract Type FiledMay 14th, 1997 Company Jurisdiction
EXHIBIT 10.15 ------------- STOCK RESTRICTION AGREEMENT AGREEMENT, made as of the 15th day of March, 1996, by and among Peritus Software Services, Inc., a Massachusetts corporation (the "Company"), the persons listed collectively as a Stockholder in...Stock Restriction Agreement • May 14th, 1997 • Peritus Software Services Inc
Contract Type FiledMay 14th, 1997 Company
Exhibit 99 REGISTRATION RIGHTS AGREEMENT This Registration Rights Agreement (this "AGREEMENT") dated as of December 1, 1997 is entered into by and among Peritus Software Services, Inc., a Massachusetts corporation ("PERITUS"), and American Premier...Registration Rights Agreement • December 16th, 1997 • Peritus Software Services Inc • Services-computer programming services • Massachusetts
Contract Type FiledDecember 16th, 1997 Company Industry Jurisdiction
EXHIBIT 10.25 Confidential material omitted and filed separately with the Securities and Exchange Commission. Asterisks denote such omissions. MASTER LICENSE AGREEMENT ------------------------ This Master License Agreement ("Agreement") is made and...Master License Agreement • May 14th, 1997 • Peritus Software Services Inc • New York
Contract Type FiledMay 14th, 1997 Company Jurisdiction
EXHIBIT 10.5 SIEMENS September 30, 1999 Via Facsimile to 508-870-0964 Mr. John Giordano President, Chief Executive Officer Peritus Software Services, Inc. Two Federal Street Billerica, MA 01821-3540 Re: Master Equipment Lease Agreement dated February...Master Equipment Lease Agreement • November 12th, 1999 • Peritus Software Services Inc • Services-computer programming services
Contract Type FiledNovember 12th, 1999 Company Industry
EXHIBIT 10.39 Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote such omissions. JOINT MARKETING AGREEMENTJoint Marketing Agreement • June 20th, 1997 • Peritus Software Services Inc • Services-computer programming services • Arizona
Contract Type FiledJune 20th, 1997 Company Industry Jurisdiction