P 650 930-5282 F 650 930-5600 August 9, 2002 Lee Bieber 2961 South Court Palo Alto, CA 94306 Dear Lee: This letter (the "Agreement") is to confirm the agreement between you and Marimba, Inc. (the "Company") regarding the termination of your employment...Marimba Inc • March 28th, 2003 • Services-prepackaged software • California
MARIMBA, INC.Loan and Security Agreement • February 12th, 1999 • Marimba Inc • California
1 EXHIBIT 10.1 INDEMNIFICATION AGREEMENT THIS AGREEMENT (the "Agreement") is made and entered into as of ________ __, 1999, between MARIMBA, INC., a Delaware corporation ("the Company"), and _____________ ("Indemnitee"). WITNESSETH THAT: WHEREAS,...Indemnification Agreement • February 12th, 1999 • Marimba Inc • Delaware
Silicon Valley Bank 3003 Tasman Drive/HF 170 Santa Clara, CA 95054 (408) 654-1000 - Fax (408) 980-6410 This NON-RECOURSE RECEIVABLES PURCHASE AGREEMENT (the "Agreement"), dated as of June 25, 2001, is between Silicon Valley Bank, ("Buyer') and...Receivables Purchase Agreement • August 6th, 2001 • Marimba Inc • Services-prepackaged software
MARIMBA, INC.Marimba Inc • February 12th, 1999 • California
MARIMBA, INC.Underwriting Agreement • April 7th, 1999 • Marimba Inc • Services-prepackaged software • New York
RECITALS:Marimba Inc • April 20th, 1999 • Services-prepackaged software
MARIMBA, INC.Marimba Inc • February 12th, 1999 • California
REFERENCE AGREEMENT NUMBER: RES9700332 AMENDMENT NO: 05 MARIMBA NAME AND ADDRESS: RESELLER NAME AND ADDRESS: Marimba, Inc. ("Marimba") Tivoli Systems, Inc. ("Reseller") 440 Clyde Avenue 9442 Capital of Texas Highway North Mountain View, CA 94043...Reseller Agreement • August 12th, 1999 • Marimba Inc • Services-prepackaged software
MARIMBA, INC. OEM AGREEMENTOem Agreement • February 12th, 1999 • Marimba Inc • California
P 650 930-5282 F 650 930-5600 January 31, 2003 Mr. Chris Hessler 1041 Katrine Ct Sunnyvale, CA 94087 Dear Chris: This letter is to confirm the agreement between you and Marimba, Inc. (the "Company") regarding the termination of your employment with...Marimba Inc • March 28th, 2003 • Services-prepackaged software • California
AGREEMENT AND PLAN OF MERGER among BMC SOFTWARE, INC., MALTA MERGER SUBSIDIARY, INC. and MARIMBA, INC. April 28, 2004Agreement and Plan of Merger • April 30th, 2004 • Marimba Inc • Services-prepackaged software • Delaware
THIS AGREEMENT AND PLAN OF MERGER, dated as of April 28, 2004 (this “Agreement”), is by and among BMC Software, Inc., a Delaware corporation (the “Parent”), Malta Merger Subsidiary, Inc., a Delaware corporation and a wholly owned direct subsidiary of the Parent (“Merger Sub”), and Marimba, Inc., a Delaware corporation (the “Company”). The Parent and Merger Sub are sometimes referred to herein as the “Parent Companies.”
P 650 930-5282 F 650 930-5600 January 29, 2003 Mr. Matt Thompson 3312 Deer Hollow Dr Danville, CA 94506 Dear Matt: This letter is to confirm the agreement between you and Marimba, Inc. (the "Company") regarding the termination of your employment with...Marimba Inc • March 28th, 2003 • Services-prepackaged software • California
EXHIBIT 10.8 AMENDMENT TO THE AGREEMENTS GOVERNING RESTRICTED STOCK AWARD This Amendment (the "Amendment") is made effective as of _________, 2002 (the "Effective Date") between Marimba, Inc., a Delaware corporation (the "Company"), and __________...Marimba Inc • March 28th, 2003 • Services-prepackaged software
P 650 930-5282 F 650 930-5600 June 10, 2002 This letter serves as an agreement between Matt Thompson and Marimba, Inc. Marimba will pay Matt a sum of $100,000 in return for his agreement to not voluntarily leave Marimba prior to December 31, 2002....Marimba Inc • March 28th, 2003 • Services-prepackaged software
This letter serves as an agreement between Matt Thompson and Marimba, Inc. Marimba will pay Matt a sum of $100,000 in return for his agreement to not voluntarily leave Marimba prior to December 31, 2002. Matt agrees to reimburse Marimba the entire $100,000 should he voluntarily leave Marimba prior to that date, or should he be terminated for "cause". Cause shall mean:
EXHIBIT 10.17 [LOGO] AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION STANDARD INDUSTRIAL/COMMERCIAL SINGLE-TENANT LEASE -- NET (DO NOT USE THIS FORM FOR MULTI-TENANT BUILDINGS) 1. BASIC PROVISIONS ("BASIC PROVISIONS"). 1.1 PARTIES: This Lease ("LEASE"),...Marimba Inc • March 27th, 2000 • Services-prepackaged software
EXHIBIT 10.7 Employee Incentive Agreement THIS AGREEMENT is entered into as of ________, 200__, by and between _________________ (the "Employee") and MARIMBA, INC., a Delaware corporation (the "Company"). 1. Term of Agreement. This Agreement shall...Employee Incentive Agreement • March 28th, 2003 • Marimba Inc • Services-prepackaged software • California
TRANSITION AND CONSULTING AGREEMENTTransition and Consulting Agreement • March 16th, 2004 • Marimba Inc • Services-prepackaged software
ADDENDUM 1 dated June 4, 2003 (“Addendum Effective Date”) Standard Industrial/Commercial Single-Tenant Lease-NetMarimba Inc • July 29th, 2003 • Services-prepackaged software
THIS ADDENDUM 1 to that Standard Industrial/Commercial Single-Tenant Lease-Net (“Lease”) with the Reference Date of February 21, 2000 and Exhibits and Lessee Estoppel Certificate, between ilicon, Inc., a California corporation (“Lessor”), and Marimba, Inc., a Delaware corporation (“Lessee”), is regarding the Property located at 440 Clyde Avenue, Mountain View, California.
1 EXHIBIT 10.16 TIVOLI - MARIMBA RESELLER AGREEMENT AMENDMENT NO. 5 AMENDMENT TO RESELLER AGREEMENT BETWEEN MARIMBA, INC. AND TIVOLI SYSTEMS, INC.Marimba Inc • November 12th, 1999 • Services-prepackaged software
EXHIBIT 10.11 AMENDMENT NO. 2 TO RESELLER AGREEMENT BETWEEN MARIMBA, INC. AND TIVOLI SYSTEMS, INC. REFERENCE AGREEMENT NUMBER: RES9700332 AMENDMENT NO: 2 EFFECTIVE DATE OF AMENDMENT NO. 2 - JUNE 30, 1998 MARIMBA NAME AND ADDRESS: RESELLER NAME AND...Marimba Inc • February 12th, 1999
EXHIBIT 4.4 MARIMBA, INC. AMENDMENT AND WAIVER OF REGISTRATION RIGHTSMarimba Inc • February 12th, 1999
Marímba Software UK Limited CONTRACT OF EMPLOYMENTContract of Employment • May 14th, 2004 • Marimba Inc • Services-prepackaged software
