RIGHTS AGREEMENT by and between SOURCEFIRE, INC. and CONTINENTAL STOCK TRANSFER & TRUST CO. as Rights Agent Dated as of October 30, 2008Rights Agreement • October 30th, 2008 • Sourcefire Inc • Services-computer processing & data preparation • Delaware
RIGHTS AGREEMENT, dated as of October 30, 2008 (the “Agreement”), between Sourcefire, Inc., a Delaware corporation (the “Company”), and Continental Stock Transfer & Trust Co., a banking organization organized under the laws of the State of New York, as rights agent (the “Rights Agent”).
5,770,000 Shares SOURCEFIRE, INC. COMMON STOCK (PAR VALUE $0.001 PER SHARE) UNDERWRITING AGREEMENTUnderwriting Agreement • February 23rd, 2007 • Sourcefire Inc • Services-computer processing & data preparation • New York
Morgan Stanley & Co. Incorporated Lehman Brothers Inc. UBS Securities LLC Jefferies & Company, Inc. c/o Morgan Stanley & Co. Incorporated 1585 Broadway New York, New York 10036
AGREEMENT AND PLAN OF MERGER BY AND AMONG CISCO SYSTEMS, INC., SHASTA ACQUISITION CORP. AND SOURCEFIRE, INC. JULY 22, 2013Agreement and Plan of Merger • July 23rd, 2013 • Sourcefire Inc • Services-computer processing & data preparation • Delaware
This AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of July 22, 2013 (the “Agreement Date”), by and among Cisco Systems, Inc., a California corporation (“Parent”), Shasta Acquisition Corp., a Delaware corporation and wholly-owned subsidiary of Parent (“Sub”), and Sourcefire, Inc., a Delaware corporation (the “Company”).
EMPLOYMENT AGREEMENTRestricted Stock Unit Agreement • April 8th, 2013 • Sourcefire Inc • Services-computer processing & data preparation • Maryland
This Employment Agreement (this “Agreement”) is entered into as of April 8, 2013, by and between Sourcefire, Inc., a Delaware corporation (the “Company”), and John Becker (“Executive”).
EMPLOYMENT AGREEMENTEmployment Agreement • December 12th, 2006 • Sourcefire Inc • Services-computer processing & data preparation • Maryland
This Employment Agreement (the “Agreement”) is executed this 9th day of August 2002, is entered into by and between Sourcefire, Inc., a Delaware corporation with its principal place of business at Westbridge Corporate Center, Building C, Suite 100, 7095 Samuel Morse Drive, Columbia, Maryland 21046 (the “Company”), and Thomas McDonough (the“Executive”), who resides at [address].
February 27, 2008 Mr. E. Wayne Jackson, III Sourcefire, Inc. 9770 Patuxent Woods Drive Columbia, MD. 21046 Re: Transition Agreement Dear Wayne:Transition Agreement • May 5th, 2008 • Sourcefire Inc • Services-computer processing & data preparation • Maryland
Sourcefire, Inc. Executive Retention Plan Effective March 31, 2008 As Amended Effective March 31, 2011Agreement and General Release • May 6th, 2011 • Sourcefire Inc • Services-computer processing & data preparation • Maryland
LEASE AGREEMENT LIBERTY PROPERTY LIMITED PARTNERSHIP Landlord AND SOURCEFIRE, INC. Tenant AT 9770 Patuxent Woods Drive Columbia, MD 21046Lease Agreement • October 25th, 2006 • Sourcefire Inc
THIS LEASE AGREEMENT is made by and between LIBERTY PROPERTY LIMITED PARTNERSHIP, a Pennsylvania limited partnership (“Landlord”) and Sourcefire, Inc., a Corporation organized under the laws of Delaware (“Tenant”), and is dated as of the date on which this Lease has been fully executed by Landlord and Tenant.
Patriot Technologies, Inc. Confidential Manufacturing Services and Supply AgreementServices and Supply Agreement • February 23rd, 2007 • Sourcefire Inc • Services-computer processing & data preparation • Maryland
This Manufacturing Services and Supply Agreement (the “Agreement”) is made and entered into as of this 12th day of December, 2005, (the “Effective Date”) by and between Patriot Technologies, Inc. having its place of business 5108 Pegasus Court, Suite F, Frederick, MD 21704 USA (“Patriot Technologies”) and Sourcefire, Inc., having its place of business 9770 Patuxent Woods Drive, Columbia Maryland 21046 USA (“OEM Partner”).
OUTSOURCING AGREEMENTOutsourcing Agreement • February 23rd, 2007 • Sourcefire Inc • Services-computer processing & data preparation • Virginia
This Outsourcing Agreement (the “Agreement”), dated as of January 31, 2006 (the “Effective Date”), is between Sourcefire, Inc. (“Sourcefire”), a Delaware corporation, with offices at 9770 Patuxent Woods Drive, Columbia, Maryland 21046, and Intelligent Decisions, Inc. (“ID” or “Manufacturer”), a Virginia corporation, with offices at 21445 Beaumeade Circle, Ashburn, Va. 21047. Sourcefire and ID may be referred to individually as a “Party” and together as the “Parties.”
NETRONOME SYSTEMS INC. AMENDED AND RESTATED ORIGINAL EQUIPMENT MANUFACTURER AGREEMENTOriginal Equipment Manufacturer Agreement • August 5th, 2010 • Sourcefire Inc • Services-computer processing & data preparation • New York
This AMENDED AND RESTATED ORIGINAL EQUIPMENT MANUFACTURER AGREEMENT (the “Agreement”) is entered into as of May 10, 2010 (the “Effective Date”) between Netronome Systems Inc., a Delaware corporation with its principal place of business at 144 Emeryville Drive, Suite 230, Cranberry Township, PA 16066 (“Netronome”) and Sourcefire, Inc., a Delaware corporation with its principal place of business at 9770 Patuxent Woods Drive, Columbia, MD 21046 (“OEM”). Capitalized terms used in this Agreement and not otherwise defined in Exhibit A (“Definitions”) hereto shall have the meanings set forth elsewhere in this Agreement. Netronome and OEM may be individually referred to herein as a “Party” and collectively as the “Parties”.
SOURCEFIRE, INC. FOURTH AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • October 25th, 2006 • Sourcefire Inc • Delaware
This Fourth Amended and Restated Investor Rights Agreement (this “Agreement”), dated as of May 24, 2006, is entered into by and among Sourcefire, Inc., a Delaware corporation (the “Company”), the individuals and entities listed on Exhibit A attached hereto (the “Series A Purchasers”, the “Series B Purchasers” and the “Series C Purchasers”), and the individuals and entities listed on Exhibit B attached hereto (the “Series D Purchasers” and together with the Series A Purchasers, the Series B Purchasers and the Series C Purchasers, the “Purchasers”).
MASTER CHANNEL AGREEMENTMaster Channel Agreement • May 6th, 2011 • Sourcefire Inc • Services-computer processing & data preparation • Virginia
This MASTER CHANNEL AGREEMENT, (this “Agreement”) is entered into on this 21st day of March, 2011 (“Effective Date”) by and among (i) EC America, Inc., a Maryland corporation, and a subsidiary of immixGroup, Inc. (“Parent”), with offices at 8444 Westpark Drive, Suite 200, McLean, VA 22102 (“immix”), (ii) Parent, with offices at 8444 Westpark Drive, Suite 200, McLean, VA 22102, and (iii) Sourcefire, Inc., a Delaware corporation with its principal location at 9770 Patuxent Woods Drive Columbia, Maryland 21046 (“Manufacturer”). Parent shall only be a party to this Agreement for those select provisions as set forth in Section 13.13.
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • December 12th, 2006 • Sourcefire Inc • Services-computer processing & data preparation • Maryland
This Amended and Restated Employment Agreement (the “Agreement”) is executed on October 31, 2002 and made effective July 1, 2002 (the “Effective Date”), and is entered into by and between Sourcefire, Inc., a Delaware corporation with its principal place of business at Westbridge Corporate Center, Building C, Suite 100,7095 Samuel Morse Drive, Columbia, Maryland 21046 (the “Company”), and Martin Roesch (the “Executive”), who resides at [address].
FORM OF INDEMNIFICATION AGREEMENTForm of Indemnification Agreement • March 1st, 2007 • Sourcefire Inc • Services-computer processing & data preparation • Delaware
This INDEMNIFICATION AGREEMENT (this “Agreement”) is made and entered into this day of , 20 (the “Effective Date”) by and between Sourcefire, Inc., a Delaware corporation (the “Company”), and [ ] (the “Indemnitee”).
AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • March 11th, 2011 • Sourcefire Inc • Services-computer processing & data preparation
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is entered into as of this 29th day of December, 2010, by and among (i) Sourcefire, Inc., a Delaware corporation (“Parent”), (ii) Cloud Acquisition Corporation, a California corporation and a wholly-owned subsidiary of Parent (“Merger Sub”), (iii) Immunet Corporation, a California corporation (the “Company”), (iv) Oliver Friedrichs and Alfred Huger (each a “Significant Shareholder” and collectively the “Significant Shareholders”) and (v) Oliver Friedrichs in his capacity as Shareholders’ Representative (as defined herein). Parent, Merger Sub, the Company, the Significant Shareholders and the Shareholders’ Representative are referred to herein individually as a “Party” and collectively as the “Parties.” Capitalized terms used and not otherwise defined herein have the meanings given to such terms as set forth in Appendix A hereto.
AMENDMENT NO. 1 TO PARTICIPATION AGREEMENTParticipation Agreement • May 6th, 2011 • Sourcefire Inc • Services-computer processing & data preparation
This Amendment No. 1 to the Participation Agreement of Thomas M. McDonough (the “Amendment”), effective March 31, 2011, is made by and between Sourcefire, Inc., a Delaware corporation (the “Company”), and Thomas M. McDonough (the “Executive”).
Manufacturing Services and Supply AgreementServices and Supply Agreement • November 1st, 2012 • Sourcefire Inc • Services-computer processing & data preparation • Maryland
This Manufacturing Services and Supply Agreement (the “Agreement”) dated as of October 31, 2012 (the “Effective Date”), is entered into by and between Sourcefire, Inc. a Delaware corporation with its principal office located at 9770 Patuxent Woods Drive Columbia, MD 21046 and its designated affiliates and subsidiaries (collectively, “Sourcefire”) and Advanced Industrial Computer, Inc. (“AIC”). Sourcefire and AIC may each also be referred to herein as a “Party” and collectively as the “Parties”.
Nonstatutory Stock Option Grant Agreement Under The Sourcefire, Inc. 2002 Stock Incentive PlanNonstatutory Stock Option Grant Agreement • October 25th, 2006 • Sourcefire Inc • Maryland
This Nonstatutory Stock Option Grant Agreement (this “Agreement”) is made as of (Grant Date) (the “Grant Date”) by and between (i) Sourcefire, Inc., a Delaware corporation (the “Company”), and (ii) Name (“Optionee”).
Sourcefire, Inc. Executive Change in Control Severance Plan Effective March 31, 2008 As Amended Effective March 31, 2011Agreement and General Release • May 6th, 2011 • Sourcefire Inc • Services-computer processing & data preparation • Maryland
AMENDMENT NO. 2 TO AMENDED AND RESTATED ORIGINAL EQUIPMENT MANUFACTURING AGREEMENTOriginal Equipment Manufacturing Agreement • February 29th, 2012 • Sourcefire Inc • Services-computer processing & data preparation
This Amendment No. 2 (this “Amendment”) to that certain Amended and Restated Original Equipment Manufacturing Agreement is entered into as of January 25, 2012 (the “Amendment Effective Date”) and is by and between Netronome Systems Inc., a Delaware corporation with its principal place of business at 144 Emeryville Drive, Suite 230, Cranberry Township, PA 16066 (“Netronome”) and Sourcefire, Inc., a Delaware corporation with its principal place of business at 9770 Patuxent Woods Drive, Columbia, MD 21046 (“OEM”).
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENTEmployment Agreement • May 6th, 2011 • Sourcefire Inc • Services-computer processing & data preparation
This Amendment No. 1 to the Employment Agreement of John C. Burris (the “Amendment”), effective March 31, 2011, is made by and between Sourcefire, Inc., a Delaware corporation (the “Company”), and John C. Burris (the “Executive”).
SOURCEFIRE, INC. FOURTH AMENDED AND RESTATED STOCKHOLDERS’ VOTING AGREEMENTStockholders’ Voting Agreement • October 25th, 2006 • Sourcefire Inc • Delaware
This Fourth Amended and Restated Stockholders’ Voting Agreement (this “Agreement”), dated as of May 24, 2006, is entered into by and among Sourcefire, Inc. a Delaware corporation (the “Company”), the individuals and entities listed on Exhibit A attached hereto (collectively, the “Purchasers”), and the individuals and entities listed on Exhibit B (collectively, the “Existing Stockholders”). The Purchasers and the Existing Stockholders are sometimes referred to in this Agreement collectively as the “Stockholders.”
AMENDMENT NO. 1 TO AMENDED AND RESTATED ORIGINAL EQUIPMENT MANUFACTURING AGREEMENTOriginal Equipment Manufacturing Agreement • August 5th, 2011 • Sourcefire Inc • Services-computer processing & data preparation
This Amendment No. 1 (this “Amendment”) to Amended and Restated Original Equipment Manufacturing Agreement is entered into as of the 20th day of May, 2011 by and between Netronome Systems Inc., a Delaware corporation with its principal place of business at 144 Emeryville Drive, Suite 230, Cranberry Township, PA 16066 (“Netronome”) and Sourcefire, Inc., a Delaware corporation with its principal place of business at 9770 Patuxent Woods Drive, Columbia, MD 21046 (“OEM”).
SOURCEFIRE, INC. FOURTH AMENDED AND RESTATED RIGHT OF FIRST REFUSAL AND CO-SALE AGREEMENT-Sale Agreement • October 25th, 2006 • Sourcefire Inc • Delaware
This Fourth Amended and Restated Right of First Refusal and Co-Sale Agreement (this “Agreement”), dated as of May 24, 2006, is entered into by and among Sourcefire, Inc., a Delaware corporation (the “Company”), the persons and entities listed on Exhibit A hereto (individually, a “Purchaser” and collectively, the “Purchasers”) and the individuals or entities listed on Exhibit B hereto (each a “Key Holder” and collectively, the “Key Holders”).
AMENDMENT NO. 1 TO THE RIGHTS AGREEMENTRights Agreement • July 23rd, 2013 • Sourcefire Inc • Services-computer processing & data preparation • Delaware
This Amendment No. 1 to the Rights Agreement (this “Amendment”), dated as of July 22, 2013, is entered into by and between Sourcefire, Inc., a Delaware corporation (the “Company”), and Continental Stock Transfer & Trust Co., a banking organization organized under the laws of the State of New York, as Rights Agent (“Rights Agent”). Capitalized terms used in this Amendment without definition shall have the meanings given to them in the Rights Agreement (as defined below).
Manufacturing and Supply AgreementManufacturing and Supply Agreement • March 12th, 2010 • Sourcefire Inc • Services-computer processing & data preparation • Maryland
This Manufacturing and Supply Agreement (the “Agreement”) dated as of March 10, 2010 (the “Effective Date”), is entered into by and between Sourcefire, a Delaware corporation with its principal office located at 9770 Patuxent Woods Drive Columbia, MD 21046 (“Sourcefire”) and Premio, Inc., an Illinois corporation with its principal office located at 918 Radecki Court, City of Industry, CA 91748 (“Premio”). Sourcefire and Premio may each also be referred to herein as a “Party” and collectively the “Parties”.
Addendum 1 to Master Channel AgreementMaster Channel Agreement • February 29th, 2012 • Sourcefire Inc • Services-computer processing & data preparation
This Addendum No. 1 (the “Addendum”) is entered into effective as of January 16, 2012 (the “Addendum Effective Date”) by and between EC America, Inc. (“immix”) and Sourcefire, Inc. (“Manufacturer”) and modifies the Master Channel Agreement dated March 21, 2011 by and between immix, Sourcefire and immixGroup, Inc. (the “Agreement”). All capitalized terms used in this Addendum and not defined herein shall have the meaning given to them in the Agreement.
Amendment No. 3 to the License Agreement for Commercial Use of MySQL® SoftwareSourcefire Inc • November 5th, 2009 • Services-computer processing & data preparation
This Amendment No. 3 (“Amendment”) is entered into by and between MySQL Americas, Inc. (“Licensor”) and Sourcefire, Inc. (“Licensee”) as of June 30, 2009 (the “Amendment 3 Effective Date”).
Amendment No. 2 to the License Agreement for Commercial Use of MySQL® SoftwareSourcefire Inc • November 5th, 2009 • Services-computer processing & data preparation
This Amendment No. 2 (“Amendment”) is entered into by and between MySQL Americas, Inc. (formerly MySQL Inc.) (“Licensor”) and Sourcefire, Inc. (“Licensee”) as of June 30, 2009 (the “Amendment 2 Effective Date”).
VOTING AGREEMENTVoting Agreement • July 23rd, 2013 • Sourcefire Inc • Services-computer processing & data preparation • Delaware
This VOTING AGREEMENT (this “Agreement”) is entered into as of July 22, 2013, by and between Cisco Systems, Inc., a California corporation (“Parent”), and the undersigned stockholder (“Stockholder”) of Sourcefire, Inc., a Delaware corporation (the “Company”). Terms not otherwise defined herein shall have the respective meanings ascribed to them in the Merger Agreement (as defined below).
Amendment No. 1 to Manufacturing and Supply AgreementAnd Supply Agreement • August 2nd, 2012 • Sourcefire Inc • Services-computer processing & data preparation
This Amendment No. 1 to Manufacturing and Supply Agreement (this “Amendment”) is entered into effective as of July 1, 2012 and amends that Manufacturing and Supply Agreement (the “Agreement”), dated March 10, 2010, by and between Sourcefire, Inc. and Premio, Inc. All capitalized terms used herein and not defined herein shall have the meanings given to them in the Agreement.
ADDENDUM NO. 2 to Manufacturing Services and Supply AgreementServices and Supply Agreement • March 12th, 2010 • Sourcefire Inc • Services-computer processing & data preparation
This ADDENDUM NO. 2 (this “Deposit Agreement”) is entered into as of December 7, 2009, by and between Patriot Technologies, Inc., a Delaware corporation (the “Company”) and Sourcefire, Inc., a Delaware corporation (the “Depositor”).
LOAN AND SECURITY AGREEMENT by and between SOURCEFIRE, INC., as Borrower and SILICON VALLEY BANK, as Bank November 29, 2002Loan and Security Agreement • October 25th, 2006 • Sourcefire Inc • Delaware
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated November 29, 2002, between SILICON-VALLEY BANK (“Bank”), whose address is 3003 Tasman Drive, Santa Clara, California, 95054, and having a loan production office at 11600 Sunrise Valley Drive, Suite 400, Reston, Virginia, 20191, and SOURCEFIRE, INC., a corporation organized and in good standing in the State of Delaware (“Borrower”), whose address is 7095 Samuel Morse Drive, Suite 100, Columbia, Maryland, 21046, provides the terms on which Bank will lend to Borrower and Borrower will repay Bank. The parties agree as follows:
Sourcefire, Inc. Executive Change in Control Severance Plan Effective March 31, 2008Agreement and General Release • May 5th, 2008 • Sourcefire Inc • Services-computer processing & data preparation • Maryland
