EXHIBIT 10.1 INDEMNIFICATION AGREEMENT THIS AGREEMENT (the "Agreement") is made and entered into as of July __, 1997 between Pervasive Software Inc., a Delaware corporation ("the Company"), and _____________________ ("Indemnitee"). WITNESSETH THAT:...Indemnification Agreement • July 28th, 1997 • Pervasive Software Inc
UNDERWRITING AGREEMENT ----------------------Underwriting Agreement • September 2nd, 1997 • Pervasive Software Inc • Services-prepackaged software • California
EXHIBIT 10.12 FIRST AMENDMENT TO CREDIT AGREEMENT (with Borrowing Base) THIS FIRST AMENDMENT TO CREDIT AGREEMENT (with Borrowing Base)(this "Amendment") dated effective as of October 22, 1998 (the "Effective Date"), is by and between PERVASIVE...Credit Agreement • November 17th, 1998 • Pervasive Software Inc • Services-prepackaged software • Texas
WITNESSETHJoint Venture Agreement • September 2nd, 1997 • Pervasive Software Inc • Services-prepackaged software
1 EXHIBIT (d)(2) PERVASIVE SOFTWARE INC. STOCK OPTION AGREEMENT RECITALS A. The Corporation has adopted the Plan for the purpose of retaining the services of selected Employees, non-employee members of the Board or the board of directors of any Parent...Stock Option Agreement • July 27th, 2001 • Pervasive Software Inc • Services-prepackaged software • Texas
andRights Agreement • October 24th, 2000 • Pervasive Software Inc • Services-prepackaged software • Delaware
LeaseLease Agreement • September 28th, 1998 • Pervasive Software Inc • Services-prepackaged software
EXHIBIT 4.3 BTRIEVE TECHNOLOGIES, INC. INVESTORS' RIGHTS AGREEMENT APRIL 19, 1995 TABLE OF CONTENTSInvestors' Rights Agreement • July 28th, 1997 • Pervasive Software Inc • Texas
EXHIBIT 1.1 3,000,000 Shares/1/ PERVASIVE SOFTWARE INC. Common Stock UNDERWRITING AGREEMENT ----------------------Underwriting Agreement • March 18th, 1999 • Pervasive Software Inc • Services-prepackaged software • California
AGREEMENT AND PLAN OF MERGER by and among ACTIAN CORPORATION ACTIAN SUB II, INC. and PERVASIVE SOFTWARE, INC. Dated January 28, 2013Merger Agreement • January 29th, 2013 • Pervasive Software Inc • Services-prepackaged software • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of January 28, 2013 by and among Actian Corporation, a Delaware corporation (“Parent”), Actian Sub II, Inc., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and Pervasive Software, Inc., a Delaware corporation (the “Company”). All capitalized terms that are not defined elsewhere in this Agreement shall have the respective meanings assigned thereto in Annex A.
PRELIMINARY STATEMENT --------------------- The Bank and Borrower have entered into an Agreement dated as of September 18, 1996 (the "Credit Agreement"). The Bank and the Borrower have agreed to amend and restate and replace the Credit Agreement to...Credit Agreement • July 28th, 1997 • Pervasive Software Inc • Texas
EXHIBIT 10.11 AMENDMENT AND RESTATEMENT OF CREDIT AGREEMENT ("AGREEMENT") THIS AMENDMENT AND RESTATEMENT OF CREDIT AGREEMENT WITH LETTER OF CREDIT SUBLIMIT as amended, modified and supplemented from time to time, (the "Agreement") dated as of February...Credit Agreement • September 28th, 1998 • Pervasive Software Inc • Services-prepackaged software • Texas
FIRST AMENDMENT TO LEASE AGREEMENTLease Agreement • July 28th, 1997 • Pervasive Software Inc
VOTING AGREEMENTVoting Agreement • September 23rd, 2003 • Pervasive Software Inc • Services-prepackaged software • Delaware
This Voting Agreement (the “Agreement”) is made and entered into as of August 8, 2003, between Pervasive Software Inc., a Delaware corporation (“Parent”), and the undersigned stockholder (“Stockholder”) of Data Junction Corporation, a Texas corporation (“Company”). Capitalized terms not defined in this Agreement shall have the meanings ascribed to them in the Merger Agreement (as defined below).
EXHIBIT 10.8 AGREEMENT TOSub-Lease Agreement • July 28th, 1997 • Pervasive Software Inc
AMENDMENT NO. 2Lease Agreement • February 23rd, 2011 • Pervasive Software Inc • Services-prepackaged software • Texas
THIS SUBORDINATION AGREEMENT; ACKNOWLEDGMENT OF LEASE ASSIGNMENT, ESTOPPEL, ATTORNMENT AND NON-DISTURBANCE AGREEMENT (“Agreement”) is made , 2011 by and between RIATA HOLDINGS, L.P., a Delaware limited partnership doing business in Texas as Riata Austin Holdings, L.P. (“Owner”), PERVASIVE SOFTWARE INC., a Delaware corporation (“Lessee”) and WELLS FARGO BANK, NATIONAL ASSOCIATION (“Lender”).
Lease RIATA CORPORATE PARK Between PERVASIVE SOFTWARE INC. (Tenant) and CARR TEXAS OP, LP (Landlord)Lease Agreement • September 28th, 2004 • Pervasive Software Inc • Services-prepackaged software
THIS LEASE (the “Lease”) is made as of July 1, 2004, between Carr Texas OP, LP, a Delaware limited partnership (the “Landlord”), and the Tenant as named in the Schedule below. The term “Building” means the building known as “Riata Corporate Park Building 8” with a local address of 12365-B Riata Trace Pkwy, Austin, Texas, and situated on the land legally described in Appendix A. “Premises” means that part of the Building leased to Tenant described in the Schedule. The Building is part of an office development (the “Project”) known as “Riata Corporate Park,” the extent and configuration of which shall be determined by Landlord from time to time. The initial configuration of the Project, including the Premises, is outlined on the site plan attached hereto as Appendix A-1. Landlord shall obtain Tenant’s prior written approval (not to be unreasonably withheld or delayed) to any reconfiguration of the Project which involves relocation or reconfiguration of the Building or which will have a m
PERVASIVE SOFTWARE INC.Stock Option Award Agreement • February 22nd, 2007 • Pervasive Software Inc • Services-prepackaged software • Texas
Unless otherwise defined herein, the terms defined in the 2006 Equity Incentive Plan (the “Plan”) will have the same defined meanings in this Stock Option Award Agreement (the “Award Agreement”).
SEPARATION AGREEMENT AND RELEASESeparation Agreement • February 9th, 2006 • Pervasive Software Inc • Services-prepackaged software • Texas
THIS SEPARATION AGREEMENT AND RELEASE (“Agreement”) is made by and between David Sikora (“Employee”) and Pervasive Software Inc., a Delaware corporation (the “Company” and together with Employee, the “Parties”).
SEPARATION AGREEMENT AND RELEASESeparation Agreement • May 9th, 2007 • Pervasive Software Inc • Services-prepackaged software • Texas
THIS SEPARATION AGREEMENT AND RELEASE (“Agreement”) is made by and between Michele Barbero Thompson (“Employee”) and Pervasive Software Inc., a Delaware corporation (the “Company” and together with Employee, the “Parties”), on this date, February 16, 2007.
SEPARATION AGREEMENT AND RELEASESeparation Agreement • February 9th, 2006 • Pervasive Software Inc • Services-prepackaged software • Texas
THIS SEPARATION AGREEMENT AND RELEASE (“Agreement”) is made by and between Jeff Seiden (“Employee”) and Pervasive Software Inc., a Delaware corporation (the “Company” and together with Employee, the “Parties”), on this date, January 24th, 2006.
MERGER AGREEMENT BY AND AMONG PERVASIVE SOFTWARE INC., RAMAL ACQUISITION CORP., DATA JUNCTION CORPORATION, MICHAEL E. HOSKINS, THE HOSKINS 2003 CHARITABLE REMAINDER UNITRUST WITH MAKEUP, DARRELL G. BLANDFORD, THE BLANDFORD 2003 CHARITABLE REMAINDER...Merger Agreement • August 13th, 2003 • Pervasive Software Inc • Services-prepackaged software • Delaware
This Merger Agreement (the “Agreement”) is entered into as of August 8, 2003, by and among Pervasive Software Inc., a Delaware corporation (“Parent”), Ramal Acquisition Corp., a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”), Data Junction Corporation, a Texas corporation (“Company”), Michael E. Hoskins, The Hoskins 2003 Charitable Remainder Unitrust with Makeup, Darrell G. Blandford, The Blandford 2003 Charitable Remainder Unitrust with Makeup, Gregory E. Grosh, The Gregory E. Grosh Charitable Remainder Unitrust (Gregory E. Grosh Trustee) Ron S. Dougherty, and, as to Section 9 only, Computershare Trust Company, Inc., as the Escrow Agent (the “Escrow Agent”). Parent, Merger Sub, Company, Principal Stockholders (as defined herein) and the Escrow Agent are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
