Exhibit 10.18 Network Engines ---------------Lease Agreement • June 19th, 2000 • Network Engines Inc • Services-prepackaged software
6,325,000 Shares NETWORK ENGINES, INC. Common Stock UNDERWRITING AGREEMENT ----------------------Underwriting Agreement • July 10th, 2000 • Network Engines Inc • Services-prepackaged software • New York
Exhibit 10.1 LEASE AGREEMENT --------------- LANDLORD: New Boston Batterymarch Limited Partnership TENANT: Network Engines, Inc. PREMISES: 15 Dan Road Canton, Massachusetts SUBMISSION NOT AN OPTION ------------------------ THE SUBMISSION OF THIS LEASE...Lease Agreement • April 7th, 2000 • Network Engines Inc
EXHIBIT 10.21 PLEDGE AGREEMENT ---------------- THIS PLEDGE AGREEMENT (as amended from time to time, this "Agreement"), dated as of January 9, 2001, is made by Lawrence A. Genovesi ("Pledgor"), in favor of Network Engines, Inc., a Delaware corporation...Pledge Agreement • February 13th, 2001 • Network Engines Inc • Services-prepackaged software • Massachusetts
AMENDMENT NO. 1 TO RESTRICTED STOCK AGREEMENTRestricted Stock Agreement • December 21st, 2001 • Network Engines Inc • Services-prepackaged software • Delaware
If you choose not to sign and return this letter agreement by December 5, 2001, you shall not receive the severance benefits from the Company. You will, however, receive payment on your Termination Date for any unused vacation time accrued through the...Severance Agreement • December 21st, 2001 • Network Engines Inc • Services-prepackaged software • Massachusetts
RECITALSLoan Modification Agreement • April 7th, 2000 • Network Engines Inc
This Agreement dated as of December 20, 1999 is entered into by and among (i) Network Engines, Inc., a Delaware corporation (the "Company"), (ii) HarbourVest Partners VI - Direct Fund, L.P., a Delaware limited partnership, Ascent Venture Partners III,...Investor Rights Agreement • April 7th, 2000 • Network Engines Inc • Massachusetts
BY AND AMONGMerger Agreement • December 21st, 2000 • Network Engines Inc • Services-prepackaged software • Delaware
This Agreement consists of the attached General Terms and Conditions and the ---------------------------- following Schedules (as applicable):Manufacturing Agreement • December 21st, 2000 • Network Engines Inc • Services-prepackaged software
Exhibit 10.7 DECLARATION AND AGREEMENT OF TRUST DECLARATION AND AGREEMENT OF TRUST for the purpose of establishing a VOTTNG TRUST, dated this 1st day of October, 1995, by and among the undersigned stockholders, in their capacity as stockholders (the...Voting Trust Agreement • April 7th, 2000 • Network Engines Inc • Massachusetts
ARTICLE IReimbursement Agreement • February 13th, 2001 • Network Engines Inc • Services-prepackaged software • Massachusetts
BY AND AMONGMerger Agreement • November 15th, 2002 • Network Engines Inc • Services-prepackaged software • Delaware
Exhibit 10.3 NETWORK ENGINES, INC. Incentive Stock Option Agreement Granted Under 1999 Stock Incentive Plan --------------------------------------- 1. Grant of Option. --------------- This agreement evidences the grant by Network Engines, Inc., a...Incentive Stock Option Agreement • April 7th, 2000 • Network Engines Inc
LICENSE AGREEMENT NUMBER 4999RL0930 ---------- This agreement and its attachments, which are hereby incorporated by this reference, ("Agreement") is entered into by and between Network Engines, Inc., with a place of business at 61 Pleasant Street,...License Agreement • July 10th, 2000 • Network Engines Inc • Services-prepackaged software • New York
AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 9th, 2010 • Network Engines Inc • Services-prepackaged software • Delaware
THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of the Effective Date between SILICON VALLEY BANK, a California corporation with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (“Bank”), and NETWORK ENGINES, INC., a Delaware corporation with offices at 25 Dan Road, Canton, Massachusetts 02021 (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. This Agreement amends and restates in its entirety that certain Loan and Security Agreement, dated as of October 11, 2007, by and between Borrower, Alliance Systems Inc. (“Alliance”), and Bank, as amended by that certain First Loan Modification Agreement dated as of August 1, 2008, between Borrower, Alliance, and Bank. The parties agree as follows:
EXHIBIT 10.35 Network Engines, Inc. Executive Retention Agreement ----------------------------- THIS EXECUTIVE RETENTION AGREEMENT by and between Network Engines, Inc., a Delaware corporation (the "Company"), and _________________ (the "Executive") is...Executive Retention Agreement • February 14th, 2002 • Network Engines Inc • Services-prepackaged software • Massachusetts
NETWORK ENGINES, INC. Amended and Restated Executive Retention AgreementExecutive Retention Agreement • January 6th, 2009 • Network Engines Inc • Services-prepackaged software • Massachusetts
THIS AMENDED AND RESTATED EXECUTIVE RETENTION AGREEMENT (the “Agreement”) by and between Network Engines, Inc., a Delaware corporation (the “Company”), and Charles N. Cone III (the “Executive”) is made as of December 30, 2008 (the “Effective Date”). This Agreement amends, restates and supersedes, in its entirety, the Executive Retention Agreement dated October 12, 2008, previously in effect between the parties hereto.
Network Engines, Inc. Executive Retention AgreementExecutive Retention Agreement • February 13th, 2004 • Network Engines Inc • Services-prepackaged software • Massachusetts
THIS EXECUTIVE RETENTION AGREEMENT by and between Network Engines, Inc., a Delaware corporation (the “Company”), and Don Oldham (the “Executive”) is made as of October 7, 2002. (the “Effective Date”).
AGREEMENT AND PLAN OF MERGER DATED AS OF JUNE 18, 2012 BY AND AMONG NETWORK ENGINES, INC., UNICOM SYSTEMS, INC., AND UNICOM SUB TWO, INC.Merger Agreement • June 20th, 2012 • Network Engines Inc • Services-prepackaged software • Delaware
AGREEMENT AND PLAN OF MERGER, dated as of June 18, 2012 (this “Agreement”), by and among UNICOM SYSTEMS, INC. a California corporation (“Parent”), UNICOM SUB TWO, INC., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and NETWORK ENGINES, INC., a Delaware corporation (the “Company”). All capitalized terms used in this Agreement shall have the meanings assigned to such terms in Section 8.4 or as otherwise defined elsewhere in this Agreement unless the context clearly indicates otherwise.
EMPLOYMENT AGREEMENTEmployment Agreement • May 15th, 2001 • Network Engines Inc • Services-prepackaged software • Massachusetts
THIS EMPLOYMENT AGREEMENT (the “Agreement”), made this 21st day of March, 2001, is entered into by Network Engines, Inc., a Delaware corporation with its principal place of business at 25 Dan Road, Canton, Massachusetts 02021-2817 (the “Company”), and John Curtis, an individual residing at 9 Parmenter Road, Framingham, Ma. 01701 (the “Employee”).
SUBLEASESublease • August 14th, 2001 • Network Engines Inc • Services-prepackaged software
EXHIBIT 10.15 NETWORK ENGINES, INC. Nonstatutory Stock Option Agreement Granted Under 1999 Stock Incentive Plan --------------------------------------- 1. Grant of Option. ---------------Nonstatutory Stock Option Agreement • May 19th, 2000 • Network Engines Inc • Services-prepackaged software
NETWORK ENGINES, INC. Form of Restricted Stock AgreementRestricted Stock Agreement • February 8th, 2012 • Network Engines Inc • Services-prepackaged software • Delaware
Network Engines, Inc. (the “Company”) has selected you to receive the restricted stock award described above, which is subject to the provisions of the Company’s 2009 Incentive Plan (the “Plan”) and the terms and conditions contained in this Restricted Stock Agreement. Please confirm your acceptance of this restricted stock award and of the terms and conditions of this Agreement by signing a copy of this Agreement where indicated below.
THIRD LOAN MODIFICATION AGREEMENTLoan Modification Agreement • May 10th, 2012 • Network Engines Inc • Services-prepackaged software
This Third Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of , 2012, but is effective as of March 31, 2012, by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 275 Grove Street, Suite 2-200, Newton, Massachusetts 02466 (“Bank”) and NETWORK ENGINES, INC., a Delaware corporation with its chief executive office located at 25 Dan Road, Canton, Massachusetts 02021 (“Borrower”).
TRANSACTION BONUS AGREEMENTTransaction Bonus Agreement • June 20th, 2012 • Network Engines Inc • Services-prepackaged software • Massachusetts
This Transaction Bonus Agreement (the “Agreement”), by and between Network Engines, Inc., a Delaware corporation (the “Company”) and Douglas G. Bryant (the “Executive”) is dated June 18, 2012.
Purchase Agreement For Product Between NETWORK ENGINES, INC. And EMC CORPORATIONPurchase Agreement • May 14th, 2002 • Network Engines Inc • Services-prepackaged software • Massachusetts
PLEDGE AGREEMENTPledge Agreement • May 15th, 2001 • Network Engines Inc • Services-prepackaged software • Massachusetts
THIS PLEDGE AGREEMENT (as amended from time to time, this “Agreement”), dated as of April 9, 2001, is made by Rene E. Thibault (“Pledgor”), in favor of Network Engines, Inc., a Delaware corporation (“Secured Party”).
NETWORK ENGINES, INC. Executive Retention AgreementExecutive Retention Agreement • December 23rd, 2003 • Network Engines Inc • Services-prepackaged software • Massachusetts
THIS EXECUTIVE RETENTION AGREEMENT by and between Network Engines, Inc., a Delaware corporation (the “Company”), and Jeffrey A. Brandes (the “Executive”) is made as of November 11, 2002 immediately after the Effective Time as defined in the Merger Agreement (the “Effective Date”).
FOURTH LOAN MODIFICATION AGREEMENTLoan Modification Agreement • June 25th, 2012 • Network Engines Inc • Services-prepackaged software
This Fourth Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of , but is effective as of June 30, 2012, by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 275 Grove Street, Suite 2-200, Newton, Massachusetts 02466 (“Bank”) and NETWORK ENGINES, INC., a Delaware corporation with its chief executive office located at 25 Dan Road, Canton, Massachusetts 02021 (“Borrower”).
Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. Agreement Between EMC Corporation and TidalWire Incorporated (Rev. 1, 5/4/01)Distribution Agreement • December 23rd, 2003 • Network Engines Inc • Services-prepackaged software • Massachusetts
This Agreement (the “Agreement”), is entered into by and between EMC Corporation (“EMC”), a Massachusetts corporation with a principal place of business in Hopkinton, MA and TidalWire, Inc. (“TidalWire”), Massachusetts incorporation with a principal place of business in Westborough, MA.
SECOND LOAN MODIFICATION AGREEMENTLoan Modification Agreement • December 14th, 2011 • Network Engines Inc • Services-prepackaged software
This Second Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of December 13, 2011, by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 275 Grove Street, Suite 2-200, Newton, Massachusetts 02466 (“Bank”) and NETWORK ENGINES, INC., a Delaware corporation with its chief executive office located at 25 Dan Road, Canton, Massachusetts 02021 (“Borrower”).
PLEDGE AGREEMENTPledge Agreement • May 15th, 2001 • Network Engines Inc • Services-prepackaged software • Massachusetts
THIS PLEDGE AGREEMENT (as amended from time to time, this “Agreement”), dated as of April 6, 2001, is made by Timothy J. Dalton (“Pledgor”), in favor of Network Engines, Inc., a Delaware corporation (“Secured Party”).
Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. Amendment No. 2. to Purchase AgreementPurchase Agreement • May 10th, 2011 • Network Engines Inc • Services-prepackaged software
This Amendment No. 2 (“the Amendment”) to the Purchase Agreement (the “Agreement”) dated February 5, 2002 by and among Network Engines, Inc. (“NEI”), a corporation organized under the laws of the State of Delaware, U.S.A., and having its principal place of business at 25 Dan Road, Canton, Massachusetts 02021 and EMC Corporation, (“EMC”), a Massachusetts corporation having its principal place of business at 176 South St., Hopkinton, MA. 01748 is made this 18th day of February 2011 by and between NEI and EMC and commences on the date accepted and executed by both parties (“Effective Date”).
Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. Amendment #1 to Purchase Agreement Between Network Engines, Inc and EMC CorporationPurchase Agreement • May 10th, 2011 • Network Engines Inc • Services-prepackaged software
Whereas, Network Engines Inc. (“Network Engines”) and EMC Corporation (“EMC”) entered into a Purchase Agreement for Product, dated February 5, 2002 (the “Agreement”) under which EMC purchases certain Products from Network Engines: and
