EXHIBIT 10.2 ------------------------------------------------------------------ -------------- AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT BRIO TECHNOLOGY, INC. TABLE OF CONTENTSLoan and Security Agreement • June 29th, 2001 • Brio Technology Inc • Services-prepackaged software
Contract Type FiledJune 29th, 2001 Company Industry
AGREEMENT ---------Indemnification Agreement • March 3rd, 1998 • Brio Technology Inc • Delaware
Contract Type FiledMarch 3rd, 1998 Company Jurisdiction
AMENDED AND RESTATED RIGHTS AGREEMENTRights Agreement • March 3rd, 1998 • Brio Technology Inc • California
Contract Type FiledMarch 3rd, 1998 Company Jurisdiction
EXHIBIT 2.3 AMENDMENT NO. 2 ---------------Agreement and Plan of Merger • July 6th, 1999 • Brio Technology Inc • Services-prepackaged software
Contract Type FiledJuly 6th, 1999 Company Industry
This Employment Agreement is made and entered into by and between BRIO TECHNOLOGY, INC. (the "Company") and Robert W. Currie ("Currie") as of July 15, 1996 ("Effective Date"). 1. POSITION AND DUTIES: Currie is employed by the Company as...Employment Agreement • March 3rd, 1998 • Brio Technology Inc • California
Contract Type FiledMarch 3rd, 1998 Company Jurisdiction
WHEREAS, by that certain Lease and Sublease Assignment and Assumption Agreement dated as of May 31, 1994 (the "Assumption Agreement"), by and among -------------------- Landlord, Assignor and Sublandlord, Assignor assigned to Landlord all of...Sublease • March 3rd, 1998 • Brio Technology Inc
Contract Type FiledMarch 3rd, 1998 Company
AGREEMENT ---------Employment Agreement • July 9th, 1999 • Brio Technology Inc • Services-prepackaged software • California
Contract Type FiledJuly 9th, 1999 Company Industry Jurisdiction
This Employment Agreement (the "Agreement") is entered into as of June 18, --------- 2001 by and between James Guthrie (the "Executive") and Brio Technology, Inc., a --------- Delaware corporation (the "Company"). -------Employment Agreement • August 14th, 2001 • Brio Technology Inc • Services-prepackaged software • California
Contract Type FiledAugust 14th, 2001 Company Industry Jurisdiction
NONSTATUTORY STOCK OPTION AGREEMENT -----------------------------------Nonstatutory Stock Option Agreement • November 5th, 2001 • Brio Software Inc • Services-prepackaged software
Contract Type FiledNovember 5th, 2001 Company Industry
AGREEMENT ---------Employment Agreement • July 6th, 1999 • Brio Technology Inc • Services-prepackaged software • California
Contract Type FiledJuly 6th, 1999 Company Industry Jurisdiction
EXHIBIT 10.28 SEPARATION AND RELEASE AGREEMENT This Separation and Release Agreement (the "Agreement") is entered into by and between Tamara L. MacDuff (the "Executive") and Brio Software, Inc., a Delaware corporation (the "Company"). WHEREAS, Ms....Separation and Release Agreement • February 14th, 2002 • Brio Software Inc • Services-prepackaged software • California
Contract Type FiledFebruary 14th, 2002 Company Industry Jurisdiction
a) Position. During his employment under this Agreement -------- ("Employment"), the Company agrees to employ the Executive in the position of ---------- President and Chief Executive Officer. As such, the Executive shall report to the Company's Board...Employment Agreement • June 29th, 2001 • Brio Technology Inc • Services-prepackaged software • California
Contract Type FiledJune 29th, 2001 Company Industry Jurisdiction
EXHIBIT 10.29 LOAN AND SECURITY AGREEMENT by and between BRIO SOFTWARE, INC.Loan and Security Agreement • February 14th, 2002 • Brio Software Inc • Services-prepackaged software • California
Contract Type FiledFebruary 14th, 2002 Company Industry Jurisdiction
1. Grant of Option. Brio Software, a Delaware corporation (the --------------- "Company"), hereby grants to the Optionee named in the Notice of Stock Option ------- Grant attached to this Agreement ("Optionee"), an option (the "Option") to --------...Stock Option Agreement • November 5th, 2001 • Brio Software Inc • Services-prepackaged software • Delaware
Contract Type FiledNovember 5th, 2001 Company Industry Jurisdiction
This Employment Agreement (the "Agreement") is entered into as of March 6, --------- 2001 by and between Donald M. Beck (the "Executive") and Brio Technology, Inc., --------- a Delaware corporation (the "Company"). -------Employment Agreement • June 29th, 2001 • Brio Technology Inc • Services-prepackaged software • California
Contract Type FiledJune 29th, 2001 Company Industry Jurisdiction
This Employment Agreement (the "Agreement") is entered into as of June 22, --------- 2001 by and between Brian Gentile (the "Executive") and Brio Technology, Inc., a --------- Delaware corporation (the "Company"). -------Employment Agreement • August 14th, 2001 • Brio Technology Inc • Services-prepackaged software • California
Contract Type FiledAugust 14th, 2001 Company Industry Jurisdiction
EXHIBIT 10.23 EMPLOYMENT AGREEMENT This Employment Agreement is entered into as of April 16, 2001, by and between Todd Davis (the "Executive") and Brio Technology, Inc., a Delaware corporation (the "Company"). 1. Duties and Scope of Employment....Employment Agreement • August 14th, 2001 • Brio Technology Inc • Services-prepackaged software • California
Contract Type FiledAugust 14th, 2001 Company Industry Jurisdiction
EMPLOYMENT AGREEMENT -------------------- This Employment Agreement is made and entered into by and between BRIO TECHNOLOGY, INC. (the "Company") and Karen Willem ("Willem") as of July 21, 1997 ("Effective Date"). 1. POSITION AND DUTIES: Willem is...Employment Agreement • March 3rd, 1998 • Brio Technology Inc • California
Contract Type FiledMarch 3rd, 1998 Company Jurisdiction
Exhibit 10.30 EMPLOYMENT AGREEMENT This Employment Agreement is entered into as of January 7, 2002, by and between Craig Collins (the "Executive") and Brio Software, Inc., a Delaware corporation (the "Company" or "Brio Software"). 1. Duties and Scope...Employment Agreement • May 21st, 2002 • Brio Software Inc • Services-prepackaged software • California
Contract Type FiledMay 21st, 2002 Company Industry Jurisdiction
EXHIBIT 10.21 CONFIDENTIAL RESIGNATION AGREEMENT ---------------------------------- AND GENERAL RELEASE OF CLAIMS ----------------------------- 1. Sujata Luther ("Employee") was employed by Brio Technology, Inc. (the "Company") on or about June 12,...Confidential Resignation Agreement • June 29th, 2001 • Brio Technology Inc • Services-prepackaged software
Contract Type FiledJune 29th, 2001 Company Industry
Page iLease Agreement • June 29th, 2000 • Brio Technology Inc • Services-prepackaged software • California
Contract Type FiledJune 29th, 2000 Company Industry Jurisdiction
WITNESSETH:Lease Agreement • March 3rd, 1998 • Brio Technology Inc
Contract Type FiledMarch 3rd, 1998 Company
May 19, 2000Employment Agreement • June 29th, 2000 • Brio Technology Inc • Services-prepackaged software
Contract Type FiledJune 29th, 2000 Company Industry
EXHIBIT 10.25 CONFIDENTIAL RESIGNATION AGREEMENT ---------------------------------- AND GENERAL RELEASE OF CLAIMS ----------------------------- 1. Katherine Glassey ("Employee") was employed by Brio Technology, Inc. (the "Company") on or about January...Confidential Resignation Agreement and General Release of Claims • August 14th, 2001 • Brio Technology Inc • Services-prepackaged software
Contract Type FiledAugust 14th, 2001 Company Industry
EXHIBIT 10.27 CONFIDENTIAL RESIGNATION AGREEMENT ---------------------------------- AND GENERAL RELEASE OF CLAIMS (the "Agreement") ----------------------------------------------- 1. Arun Shah ("Employee") was employed by Brio Technology, Inc. (the...Resignation Agreement • November 14th, 2001 • Brio Software Inc • Services-prepackaged software
Contract Type FiledNovember 14th, 2001 Company Industry
EXHIBIT 1.1 BRIO TECHNOLOGY, INC. _________ SHARES COMMON STOCK, PAR VALUE $0.001 PER SHARE UNDERWRITING AGREEMENT Dated April ____, 1998 BRIO TECHNOLOGY, INC.Underwriting Agreement • April 17th, 1998 • Brio Technology Inc • Services-prepackaged software • New York
Contract Type FiledApril 17th, 1998 Company Industry Jurisdiction
BRIO SOFTWARE, INC. STOCK OPTION AGREEMENTStock Option Agreement • December 6th, 2002 • Brio Software Inc • Services-prepackaged software • Delaware
Contract Type FiledDecember 6th, 2002 Company Industry Jurisdiction
EXHIBIT 10.22 CONFIDENTIAL SEPARATION AGREEMENT --------------------------------- AND GENERAL RELEASE OF CLAIMS ----------------------------- 1. Scott Chalmers ("Employee") was employed by Brio Technology, Inc. (the "Company") on or about August 3,...Confidential Separation Agreement and General Release of Claims • June 29th, 2001 • Brio Technology Inc • Services-prepackaged software
Contract Type FiledJune 29th, 2001 Company Industry
EXHIBIT 10.7 EMPLOYMENT AGREEMENT -------------------- This Employment Agreement is made and entered into by and between BRIO TECHNOLOGY, INC. (the "Company") and Yorgen H. Edholm ("Edholm") as of September 1, 1993.Employment Agreement • April 7th, 1998 • Brio Technology Inc • Services-prepackaged software • California
Contract Type FiledApril 7th, 1998 Company Industry Jurisdiction
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 5th, 2002 • Brio Software Inc • Services-prepackaged software • California
Contract Type FiledMarch 5th, 2002 Company Industry JurisdictionSECURITIES PURCHASE AGREEMENT (this “Agreement”), dated as of February 20, 2002, by and among BRIO SOFTWARE, INC., a corporation organized under the laws of the State of Delaware (the “Company”), and the purchasers (the “Purchasers”) set forth on the execution pages hereof (the “Execution Pages”).
Exhibit 10.18 SECURED PROMISSORY NOTE -----------------------Secured Promissory Note • February 14th, 2001 • Brio Technology Inc • Services-prepackaged software
Contract Type FiledFebruary 14th, 2001 Company IndustryFOR VALUE RECEIVED, the undersigned, Yorgen H. Edholm and Katherine Glassey Edholm (together, the "Borrowers") promise to pay to Brio Technology, a Delaware corporation ("Lender"), or order, at the principal office of Lender, or at such other place as Lender may from time to time designate in writing, the sum of One Million Five Hundred Thousand Dollars ($1,500,000.00), plus accrued but unpaid interest thereon. Except as provided below in the case of a default in payment, the principal amount of this Note shall bear interest at a rate of 6.10% per annum. Principal and accrued interest hereunder shall be due and payable on demand on the tenth day following the release of earnings of the Lender for the December quarter provided that such time is during an open trading window for directors and officers of the Lender under the Lender's Insider Trading Policy in which the Borrowers can sell shares of Lender's Common Stock. Otherwise, the principal and accrued interest shall be due and payab
Exhibit 10.31 EMPLOYMENT AGREEMENT This Employment Agreement is entered into as of May 30, 2002 by and between Mike Levine (the "Executive") and Brio Software, Inc., a Delaware corporation (the "Company "). 1. Duties and Scope of Employment. (a)...Employment Agreement • August 14th, 2002 • Brio Software Inc • Services-prepackaged software • California
Contract Type FiledAugust 14th, 2002 Company Industry Jurisdiction
CONFIDENTIAL SEPARATION AND RELEASE AGREEMENTSeparation and Release Agreement • August 14th, 2003 • Brio Software Inc • Services-prepackaged software
Contract Type FiledAugust 14th, 2003 Company IndustryThis Separation and Release Agreement (the “Agreement”) is entered into by and between Todd Davis (the “Executive”) and Brio Software, Inc., a Delaware corporation (the “Company”).
AMENDMENT NUMBER ONE TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 30th, 2003 • Brio Software Inc • Services-prepackaged software • California
Contract Type FiledJune 30th, 2003 Company Industry JurisdictionThis AMENDMENT NUMBER ONE TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into as of February 27, 2002, between FOOTHILLCAPITAL CORPORATION, a California corporation (the “Lender”) and BRIO SOFTWARE, INC., a Delaware corporation (“Borrower”), with reference to the following:
AMENDMENT NUMBER TWO TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 30th, 2003 • Brio Software Inc • Services-prepackaged software • California
Contract Type FiledJune 30th, 2003 Company Industry JurisdictionThis AMENDMENT NUMBER TWO TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into as of May 15, 2002 by and between FOOTHILLCAPITAL CORPORATION, a California corporation (“Lender”), and BRIO SOFTWARE, INC., formerly known as Brio Technology, Inc., a Delaware corporation (“Borrower”), with reference to the following: