ESCROW AGREEMENTEscrow Agreement • November 13th, 2007 • Silver Lake Partners Lp • Services-computer integrated systems design • Delaware
This Escrow Agreement is entered into as of September 20, 2007 by and among NetScout Systems, Inc., a Delaware corporation (“NetScout”), Silver Lake Partners, L.P., a Delaware limited partnership (the “Stockholders Representative No. 1”), TPG Starburst IV, LLC, a Delaware limited liability company (the “Stockholders Representative No. 2” and together with the Stockholders Representative No. 1, the “Stockholders Representatives”), and U.S. Bank National Association, a national banking association (the “Escrow Agent”). Capitalized terms used herein and not otherwise defined herein shall have the meanings given to such terms in the Merger Agreement (as defined below).
STOCK PURCHASE AGREEMENTStock Purchase Agreement • May 22nd, 2006 • Silver Lake Partners Lp • Services-management services • New York
This STOCK PURCHASE AGREEMENT (the “Agreement”) is made as of May 8, 2006 by and among James C. Smith (the “Purchaser”), Silver Lake Partners, L.P., a Delaware limited partnership, Silver Lake Investors, L.P., a Delaware limited partnership, and Silver Lake Technology Investors, L.L.C., a Delaware limited liability company (collectively, “Silver Lake”).
JOINT FILING AGREEMENTJoint Filing Agreement • November 13th, 2007 • Silver Lake Partners Lp • Services-computer integrated systems design
By this Agreement, the undersigned agree that this Statement on Schedule 13D being filed on or about this date, and any subsequent amendments thereto filed by any of us, with respect to the shares of Common Stock, par value $0.001 per share, of NetScout Systems, Inc. is being filed on behalf of each of us.
