EXHIBIT 4.9 THESE SECURITIES HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT...Warrant Agreement • June 13th, 2003 • Redenvelope Inc • California
EXHIBIT 10.13 INDEMNIFICATION AGREEMENT This Indemnification Agreement (the "Agreement") is made as of April 8, 2002, by and between RedEnvelope, Inc., a Delaware corporation (the "Company"), and Alison L. May (the "Indemnitee"). In consideration of...Indemnification Agreement • June 13th, 2003 • Redenvelope Inc • California
COMMON STOCKUnderwriting Agreement • September 19th, 2003 • Redenvelope Inc • Retail-miscellaneous shopping goods stores • California
BETWEENSublease Agreement • June 13th, 2003 • Redenvelope Inc • Ohio
OFFICE LEASE (201 Spear Street, San Francisco) betweenOffice Lease • June 13th, 2003 • Redenvelope Inc • Delaware
EXHIBIT 4.4 THIS WARRANT HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "1933 ACT"), OR ANY APPLICABLE STATE SECURITIES LAWS, AND MAY NOT BE SOLD OR TRANSFERRED UNLESS SUCH SALE OR TRANSFER IS IN ACCORDANCE WITH THE...Warrant Agreement • June 13th, 2003 • Redenvelope Inc • California
REDENVELOPE, INC.Investors' Rights Agreement • June 13th, 2003 • Redenvelope Inc • California
LEASELease Agreement • August 11th, 2004 • Redenvelope Inc • Retail-miscellaneous shopping goods stores • California
EXHIBIT 10.10 STANDARD LEASE -- MULTI-TENANT 1. PARTIES. This Lease, dated, for reference purposes only, MARCH 28, 2000, is made by and between THE FOUR AMIGOS, A CALIFORNIA LIMITED PARTNERSHIP (herein called "Lessor") and RED ENVELOPE, INC. (herein...Lease Agreement • June 13th, 2003 • Redenvelope Inc
SALES AGREEMENTSales Agreement • June 22nd, 2004 • Redenvelope Inc • Retail-miscellaneous shopping goods stores • California
REDENVELOPE, INC. AMENDED AND RESTATED VOTING AGREEMENT This Amended and Restated Voting Agreement (the "Agreement") is made as of April 17, 2002, by and among RedEnvelope, Inc., a Delaware corporation (the "Company"), the holders of Series A...Voting Agreement • June 13th, 2003 • Redenvelope Inc • California
EXHIBIT 10.14 April 10, 2002 Dear Hilary, This letter agreement sets forth the terms and conditions of your position with RedEnvelope, Inc. (the "Company"). 1. POSITION. a. You will continue to have the titles and responsibilities of the Chairman of...Employment Agreement • June 13th, 2003 • Redenvelope Inc • California
EXHIBIT 10.36Revolving Credit and Security Agreement • June 22nd, 2004 • Redenvelope Inc • Retail-miscellaneous shopping goods stores
RECITALSWarrant Purchase Agreement • June 13th, 2003 • Redenvelope Inc • Delaware
EXHIBIT 10.8 ASSIGNMENT OF LEASE Upon receipt of $1343.00 from Red Envelope, Inc., I, the undersigned Mission Valley Christian Fellowship of San Diego, a California Non-profit Religious Corporation, do hereby assign, transfer and ?ILLEGIBLE? over unto...Assignment of Lease • August 25th, 2003 • Redenvelope Inc • Retail-miscellaneous shopping goods stores
RECITALSIndemnification Agreement • June 13th, 2003 • Redenvelope Inc • Delaware
EXHIBIT 10.17 AMENDMENT TO PROMISSORY NOTES This Amendment to Promissory Notes (the "Amendment") is entered into as of May 21, 2002 by and between RedEnvelope, Inc., formerly known as 911Gifts, Inc. (the "Company") and Hilary Billings (the...Promissory Note Amendment • June 13th, 2003 • Redenvelope Inc
INDEMNIFICATION AGREEMENTIndemnification Agreement • August 17th, 2005 • Redenvelope Inc • Retail-miscellaneous shopping goods stores • Delaware
Both the Company and Indemnitee recognize that highly competent persons have become more reluctant to serve publicly-held corporations as directors or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of the corporation.
EXHIBIT 10.2 REDENVELOPE, INC. SERIES F PREFERRED STOCK PURCHASE AGREEMENTSeries F Preferred Stock Purchase Agreement • June 13th, 2003 • Redenvelope Inc • California
Exhibit 10.33 EXODUS COMMUNICATIONS, INC. INTERNET DATA CENTER SERVICES AGREEMENT THIS INTERNET DATA CENTER SERVICES AGREEMENT (this "Agreement") is made effective as of the Submission Date (October 23, 1998) indicated in the initial Internet Data...Internet Data Center Services Agreement • September 19th, 2003 • Redenvelope Inc • Retail-miscellaneous shopping goods stores • California
RECITALS:Servicing, Warehousing & Distribution Agreement • August 25th, 2003 • Redenvelope Inc • Retail-miscellaneous shopping goods stores
Exhibit 10.25 REDENVELOPE, INC. SECOND AMENDMENT TO TRANSITION AGREEMENT AND RELEASE This Second Amendment to Transition Agreement and Release (the "SECOND AMENDMENT") is entered into by and between RedEnvelope, Inc., a Delaware corporation (the...Transition Agreement and Release • June 13th, 2003 • Redenvelope Inc • California
EXHIBIT 10.31 AMENDMENT 2 TO MICROSOFT CORPORATION / WEBTV SHOPPING INSERTION ORDER This Amendment 2 is made pursuant to that certain Microsoft Corporation / WebTV Shopping Insertion Order (the "AGREEMENT") dated September 15, 2000 by and between...Microsoft Corporation / Webtv Shopping Insertion Order • August 25th, 2003 • Redenvelope Inc • Retail-miscellaneous shopping goods stores
BETWEENRevolving Credit and Security Agreement • September 19th, 2003 • Redenvelope Inc • Retail-miscellaneous shopping goods stores • Maryland
REDENVELOPE, INC.Investors' Rights Agreement, Right of First Refusal and Co-Sale Agreement and Voting Agreement • August 25th, 2003 • Redenvelope Inc • Retail-miscellaneous shopping goods stores
Software License and Services AgreementSoftware License and Services Agreement • June 29th, 2006 • Redenvelope Inc • Retail-miscellaneous shopping goods stores
This Software License and Services Agreement (“Agreement”) is made and entered into as of this 31st day of March, 2000, between BroadVision, Inc. (“BroadVision”) and Redenvelope (“Customer”)
FIRST AMENDMENT TO LEASELease • July 19th, 2005 • Redenvelope Inc • Retail-miscellaneous shopping goods stores
FIRST AMENDMENT TO LEASE, reference dated January 1, 2004, for that certain lease, reference dated March 28, 2000, made by and between The Four Amigos, A California Limited Partnership, Lessor and RedEnvelope, Inc., as Lessee, for the premises more commonly known as 4562 Alvarado Canyon Road, Suites A-M, described as approximately 13, 004 square feet of industrial space. Lessor and Lessee hereby agree to amend the following sections of said Lease effective January 1, 2004.
EMPLOYMENT AGREEMENTEmployment Agreement • February 23rd, 2006 • Redenvelope Inc • Retail-miscellaneous shopping goods stores • California
This Employment Agreement (the “Agreement”) is entered into by and between Ken Constable (“Executive”) and RedEnvelope, Inc. (the “Company”), a Delaware Corporation (collectively, the “parties”).
LICENSE AGREEMENT between HARRISON 160, LLC, as Licensor, and Red Envelope, Inc. as Licensee dated as of May 31, 2005 [365 Main Street, San Francisco, California 94105] PROPRIETARY AND CONFIDENTIALLicense Agreement • July 19th, 2005 • Redenvelope Inc • Retail-miscellaneous shopping goods stores • California
ContractNote Agreement • July 2nd, 2007 • Redenvelope Inc • Retail-miscellaneous shopping goods stores • California
THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933. THIS NOTE MAY NOT BE OFFERED FOR SALE, SOLD, ASSIGNED, DELIVERED AFTER SALE, TRANSFERRED, PLEDGED, OR HYPOTHECATED UNLESS QUALIFIED AND REGISTERED UNDER APPLICABLE FEDERAL AND STATE SECURITIES LAWS OR UNLESS, IN THE OPINION OF COUNSEL SATISFACTORY TO REDENVELOPE, INC., SUCH QUALIFICATION AND REGISTRATION IS NOT REQUIRED.
COLLATERAL ASSIGNMENT OF LICENSE AGREEMENTCollateral Assignment of License Agreement • June 29th, 2006 • Redenvelope Inc • Retail-miscellaneous shopping goods stores • Massachusetts
THIS COLLATERAL ASSIGNMENT OF LICENSE AGREEMENT (this “Assignment”), dated as of June 26, 2006, is by and between RedEnvelope, Inc., a Delaware corporation (the “Assignor”), and Wells Fargo Retail Finance, LLC, as Lender (as defined in the Loan Agreement defined below) (hereinafter referred to as “Assignee”).
Attachment D-4 to General Terms and Condition of the Software License and Services Agreement Additional Commercial TermsSoftware License and Services Agreement • November 14th, 2007 • Redenvelope Inc • Retail-miscellaneous shopping goods stores
Following are the additional business terms and conditions incorporated into the Software License and Services Agreement (the “Agreement”) dated the 31st day of March 2000 by and between BroadVision, Inc. (“BroadVision”) and RedEnvelope, Inc. (“Customer”). The terms and conditions contained herein are subject in all respects to the terms and conditions of the Agreement, except that in the event of a conflict between the terms of this Attachment and the Agreement, the terms of this Attachment shall govern. This Attachment shall not be effective until executed by Customer and accepted by an authorized representative of BroadVision. The effective date of this Attachment shall be the date of last signature below.
LOAN AND SECURITY AGREEMENT WELLS FARGO RETAIL FINANCE, LLC The Lender REDENVELOPE, INC. The Borrower June 26, 2006Loan and Security Agreement • June 29th, 2006 • Redenvelope Inc • Retail-miscellaneous shopping goods stores • Massachusetts
WELLS FARGO RETAIL FINANCE, LLC (in such capacity, herein the “Lender”), a Delaware limited liability company with offices at One Boston Place — 19th Floor, Boston, Massachusetts 02108;
May 17, 2005 HAND DELIVERED Eric Wong 638 Island Place Redwood City, CA 94065 Re: Separation Agreement and General Release Dear Eric:Separation Agreement • July 19th, 2005 • Redenvelope Inc • Retail-miscellaneous shopping goods stores
This letter, upon your signature, will constitute the agreement (hereafter “Agreement”) between you and RedEnvelope, Inc. (“Company”) on the terms of your separation from employment with the Company.
June 15, 2007 DELIVERED VIA UPS Scott Loly 319 Arkansas Street San Francisco, CA 94107 Re: Separation Agreement and General Release Dear Scott:Separation Agreement and General Release • July 2nd, 2007 • Redenvelope Inc • Retail-miscellaneous shopping goods stores
This letter, upon your signature, will constitute the agreement (hereafter “Agreement”) between you and RedEnvelope, Inc. (“Company”) on the terms of your separation from employment with the Company.
