SERVICESOURCE INTERNATIONAL, INC. AND WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of August 13, 2013 1.50% Convertible Senior Notes due 2018Indenture • August 14th, 2013 • Servicesource International, Inc. • Services-business services, nec • New York
INDENTURE, dated as of August 13, 2013, between SERVICESOURCE INTERNATIONAL, INC., a Delaware corporation, as issuer (the "Company", as more fully set forth in Section 1.01) and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as trustee (the "Trustee", as more fully set forth in Section 1.01).
] Shares ServiceSource International, Inc. Common Stock, $0.0001 par value UNDERWRITING AGREEMENTUnderwriting Agreement • July 25th, 2011 • Servicesource International, Inc. • Services-business services, nec • New York
—] Shares ServiceSource International, Inc. Common Stock, $0.0001 par value UNDERWRITING AGREEMENTUnderwriting Agreement • March 11th, 2011 • Servicesource International LLC • Services-business services, nec • New York
SECOND AMENDED AND RESTATED CREDIT AGREEMENT by and among SERVICESOURCE INTERNATIONAL, LLC as Borrower, THE LENDERS THAT ARE SIGNATORIES HERETO as the Lenders, WELLS FARGO CAPITAL FINANCE, INC. as the Arranger and Administrative Agent, and COMERICA...Credit Agreement • February 25th, 2011 • Servicesource International LLC • Services-business services, nec • California
THIS SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) is entered into as of February 24, 2011, by and among the lenders identified on the signature pages hereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), WELLS FARGO CAPITAL FINANCE, INC., as the arranger and administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, “Agent”), COMERICA BANK, as documentation agent, and SERVICESOURCE INTERNATIONAL, LLC, a Delaware limited liability company (“Borrower”), with reference to the following facts:
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • July 28th, 2021 • Servicesource International, Inc. • Services-business services, nec • New York
THIS LOAN AND SECURITY AGREEMENT is dated as of July 23, 2021, by and among SERVICESOURCE INTERNATIONAL, INC., a Delaware corporation (“ServiceSource International”), SERVICESOURCE DELAWARE, INC., a Delaware corporation (“ServiceSource Delaware”; and together with ServiceSource International and any other entity joined hereto from time to time as a Borrower, each, a “Borrower” and collectively, the “Borrowers”), and BANK OF AMERICA, N.A., a national banking association (including any Lending Office, “Lender”).
GENERAL CONTINUING GUARANTYGeneral Continuing Guaranty • February 25th, 2011 • Servicesource International LLC • Services-business services, nec • California
This GENERAL CONTINUING GUARANTY (this “Guaranty”), dated as of April 29, 2008, is executed and delivered by SERVICESOURCE INTERNATIONAL INC., a Delaware corporation (“Guarantor”), in favor of WELLS FARGO FOOTHILL, INC., a California corporation, as arranger and administrative agent for the below defined Lenders (in such capacity, together with its successors and assigns, if any, in such capacity, “Agent”), in light of the following:
EMPLOYMENT AND CONFIDENTIAL INFORMATION AGREEMENTEmployment and Confidential Information Agreement • November 6th, 2015 • Servicesource International, Inc. • Services-business services, nec • California
This Employment Agreement (the “Agreement”) by and between ServiceSource International, Inc. (“ServiceSource” or the “Company”) and Brian James Delaney (“Executive”) is entered into as of the date next to the signatures and will be effective as of June 8, 2015 (the “Commencement Date”).
AMENDED AND RESTATED EMPLOYMENT AND CONFIDENTIAL INFORMATION AGREEMENTEmployment and Confidential Information Agreement • January 28th, 2011 • Servicesource International LLC • Services-business services, nec • California
In consideration for employment by ServiceSource International, LLC (hereinafter “ServiceSource” or the “Company”) of Paul Warenski (“Employee”), ServiceSource and Employee acknowledge and agree as follows:
SERVICESOURCE INTERNATIONAL, INC. AMENDED AND RESTATED INDEMNIFICATION AGREEMENTIndemnification Agreement • May 9th, 2022 • Servicesource International, Inc. • Services-business services, nec • Delaware
THIS AGREEMENT is entered into by and between ServiceSource International, Inc., a Delaware corporation (the “Company”) and [___________] (“Indemnitee”) and is effective as of [________] [__], 20[___].
SERVICESOURCE INTERNATIONAL, INC. FORM OF INDEMNIFICATION AGREEMENTForm of Indemnification Agreement • December 20th, 2010 • Servicesource International LLC • Delaware
THIS AGREEMENT is entered into, effective as of , 20 by and between ServiceSource International, Inc., a Delaware corporation (the “Company”), and (“Indemnitee”).
AGREEMENT AND PLAN OF MERGER by and among CONCENTRIX CORPORATION, CONCENTRIX MERGER SUB INC. and SERVICESOURCE INTERNATIONAL, INC. Dated as of May 6, 2022 (Continued)Agreement and Plan of Merger • May 9th, 2022 • Servicesource International, Inc. • Services-business services, nec • Delaware
THIS AGREEMENT AND PLAN OF MERGER, dated as of May 6, 2022 (this “Agreement”), is made by and among Concentrix Corporation, a Delaware corporation (“Parent”), Concentrix Merger Sub Inc., a Delaware corporation and a direct, wholly owned Subsidiary of Parent (“Acquisition Sub”), and ServiceSource International, Inc., a Delaware corporation (the “Company”).
EMPLOYMENT AND CONFIDENTIAL INFORMATION AGREEMENTEmployment and Confidential Information Agreement • November 14th, 2011 • Servicesource International, Inc. • Services-business services, nec • California
In consideration for employment by ServiceSource International, Inc. (hereinafter “ServiceSource”) of John Boucher (“Employee”), ServiceSource and Employee acknowledge and agree as follows:
FORM OF CONVERSION AGREEMENTConversion Agreement • March 11th, 2011 • Servicesource International LLC • Services-business services, nec • Delaware
THIS CONVERSION AGREEMENT (this “Agreement”) is dated as of , 2011, by and among ServiceSource International, LLC, a Delaware limited liability company (the “Company”), GA SS Holding LLC, a Delaware limited liability company (“GA”) and SSLLC Holdings, Inc., a Delaware corporation (“SSLLC”). The Company, GA and SSLLC are collectively referred to herein as the “Parties” and each individually is referred to herein as a “Party.” This Agreement and the transactions contemplated hereby (including the Conversion, as defined below) shall not be consummated until the date that the Securities and Exchange Commission has declared the Company’s Registration Statement on Form S-1 (File No. 333-171271) (the “Registration Statement”) effective under the Securities Act of 1933, as amended (the “Effectiveness of the Registration Statement”).
SERVICESOURCE INTERNATIONAL, LLC REGISTRATION AND INFORMATION RIGHTS AGREEMENTRegistration and Information Rights Agreement • February 25th, 2011 • Servicesource International LLC • Services-business services, nec • New York
THIS REGISTRATION AND INFORMATION RIGHTS AGREEMENT (the “Agreement”) is entered into as of the 8th day of December, 2006, by and among ServiceSource International, LLC, a Delaware corporation (the “Company”), GA SS Holding LLC, a Delaware limited liability company (the “GA Holder”), SSLLC Holdings, Inc., a limited liability company formed under the Delaware Limited Liability Company Act (the “Benchmark Holder”) and Housatonic Micro Fund SBIC, LP and Housatonic Equity Investors SBIC, LP (collectively, the “Housatonic Holder” and together with the GA Holder and the Benchmark Holder, and any permitted transferee of Registrable Securities and the rights hereunder in accordance with Section 2.1 and Section 2.9, the “Holders” and each of the GA Holder, the Benchmark Holder, the Housatonic Holder and any such permitted transferee being a “Holder.”).
RESTATED EMPLOYMENT AND CONFIDENTIAL INFORMATION AGREEMENTEmployment and Confidential Information Agreement • November 13th, 2018 • Servicesource International, Inc. • Services-business services, nec • Colorado
This Restated Employment Agreement (the “Agreement”) by and between ServiceSource International, Inc. (“ServiceSource” or the “Company”) and Deborah A. Dunnam (“Executive”) is effective as of November 7, 2018 (the “Effective Date”) and supersedes and replaces in its entirety the Employment and Confidential Information Agreement dated September 9, 2018 between Executive and Company.
EMPLOYMENT AND CONFIDENTIAL INFORMATION AGREEMENTEmployment and Confidential Information Agreement • February 25th, 2011 • Servicesource International LLC • Services-business services, nec • California
In consideration for employment by ServiceSource International, LLC (hereinafter “ServiceSource”) of Chuck Boynton (“Employee”), ServiceSource and Employee acknowledge and agree as follows:
June 25, 2010Release Agreement • February 25th, 2011 • Servicesource International LLC • Services-business services, nec
As you know, we have agreed that your employment with ServiceSource will terminate on June 25, 2010. In accordance with your April 7, 2008 Employment and Confidential Information Agreement (“Employment Agreement”), and our transition agreement dated March 15, 2010 (“Transition Agreement”), you are required to sign this release agreement (“Release”) as a condition for receiving the following severance benefits:
WAIVERWaiver • February 25th, 2011 • Servicesource International LLC • Services-business services, nec
This WAIVER (this “Waiver”) is made this 19th day of March 2010, by and among SERVICESOURCE INTERNATIONAL, LLC, a Delaware limited liability company (“Borrower”), WELLS FARGO CAPITAL FINANCE, INC. (formerly known as Wells Fargo Foothill, Inc.), as administrative agent (“Agent”), and the undersigned parties constituting all the Lenders party, as of the date hereof, to that certain Amended and Restated Credit Agreement dated April 29, 2008 by and among Borrower, Agent and the Lenders (as amended, restated, extended, renewed, replaced or otherwise modified from time to time, the “Credit Agreement”; all capitalized terms used herein shall have meanings defined for such terms in the Credit Agreement unless otherwise defined herein).
SECOND AMENDED AND RESTATED SECURITY AGREEMENTPatent Security Agreement • February 25th, 2011 • Servicesource International LLC • Services-business services, nec • California
This SECOND AMENDED AND RESTATED SECURITY AGREEMENT (this “Agreement”) is made this 24th day of February, 2011, among Grantors listed on the signature pages hereof and those additional entities that hereafter become parties hereto by executing the form of Supplement attached hereto as Annex 1 (collectively, jointly and severally, “Grantors” and each individually “Grantor”), and WELLS FARGO CAPITAL FINANCE, INC., in its capacity as administrative agent for the Lender Group and the Bank Product Provider (together with its successors, “Agent”).
EMPLOYMENT AND CONFIDENTIAL INFORMATION AGREEMENTEmployment and Confidential Information Agreement • December 20th, 2010 • Servicesource International LLC • California
In consideration for employment by ServiceSource International, LLC (hereinafter “ServiceSource”) of Ganesh Bell (“Employee”), ServiceSource and Employee acknowledge and agree as follows:
Insert Dealer Name] [Insert Dealer Address] August [__], 2013 To: ServiceSource International, Inc. 634 Second Street San Francisco, California 94107 Attention: [ ] Telephone No.: [ ] Facsimile No.: [ ]Servicesource International, Inc. • August 9th, 2013 • Services-business services, nec
The purpose of this letter agreement (this "Confirmation") is to confirm the terms and conditions of the call option transaction entered into between [______] ("Dealer") and ServiceSource International, Inc. ("Counterparty") as of the Trade Date specified below (the "Transaction"). This letter agreement constitutes a "Confirmation" as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements and serve as the final documentation for the Transaction.
EMPLOYMENT AND CONFIDENTIAL INFORMATION AGREEMENTEmployment and Confidential Information Agreement • December 20th, 2010 • Servicesource International LLC • California
In consideration for employment by ServiceSource International, LLC (hereinafter “ServiceSource”) of David Oppenheimer (“Employee”), ServiceSource and Employee acknowledge and agree as follows:
EMPLOYMENT AND CONFIDENTIAL INFORMATION AGREEMENTEmployment Agreement • November 6th, 2014 • Servicesource International, Inc. • Services-business services, nec • California
This Employment Agreement (the “Agreement”) is entered into as of September 29, 2014 (the “Commencement Date”) by and between ServiceSource International, Inc. (“ServiceSource”) and Simon Biddiscombe (“Employee”).
TRANSITION AGREEMENTTransition Agreement • February 24th, 2021 • Servicesource International, Inc. • Services-business services, nec • Colorado
THIS TRANSITION AGREEMENT (this “Transition Agreement”) is made as of November 13, 2020 (the “Effective Date”), by and between Richard Walker (“Employee”) and ServiceSource International, Inc. (the “Company”).
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • March 6th, 2012 • Servicesource International, Inc. • Services-business services, nec • California
In consideration for employment by ServiceSource International, LLC (hereinafter “ServiceSource” or the “Company”) of Jay Ackerman (“Employee”), ServiceSource and Employee acknowledge and agree as follows:
130,000,000 SERVICESOURCE INTERNATIONAL, INC. 1.50% Convertible Senior Notes due 2018 PURCHASE AGREEMENT2018 Purchase Agreement • August 9th, 2013 • Servicesource International, Inc. • Services-business services, nec • New York
The Company has been duly incorporated and is an existing corporation in good standing under the laws of the State of Delaware with corporate power and authority to own its properties and conduct its business as described in the Final Offering Memorandum. The Company is duly qualified to do business as a foreign corporation and is in good standing in the State of California.
SEPARATION AGREEMENT AND RELEASESeparation Agreement and Release • November 6th, 2014 • Servicesource International, Inc. • Services-business services, nec • California
This Separation Agreement and Release (“Agreement”) is made by and between Michael Smerklo (“Employee”) and ServiceSource International, Inc. (the “Company”) (collectively referred to as the “Parties” or individually referred to as a “Party”).
SERVICESOURCE INTERNATIONAL, INC.Restricted Stock Award Agreement • February 10th, 2012 • Servicesource International, Inc. • Services-business services, nec
Unless otherwise defined herein, the terms defined in the ServiceSource International, Inc., 2011 Equity Incentive Plan (the “Plan”) shall have the same defined meanings in this Restricted Stock Award Agreement (the “Agreement”).
FORM OF AGREEMENT AND PLAN OF MERGER dated as of among SERVICESOURCE INTERNATIONAL, INC., GA SS HOLDING LLC, GA SS HOLDING II LLC, SSLLC HOLDINGS, INC., and BENCHMARK CAPITAL PARTNERS V, L.P.Agreement and Plan of Merger • March 11th, 2011 • Servicesource International LLC • Services-business services, nec • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is dated as of , 2011, by and among ServiceSource International, Inc., a Delaware corporation (the “Company”), GA SS Holdings LLC, a Delaware limited liability company (“GA”), GA SS Holding II LLC, a Delaware limited liability company (“GA II”), SSLLC Holdings, Inc., a Delaware corporation (“SSLLC”), and Benchmark Capital Partners V, L.P., a Delaware limited liability company (“Benchmark”). The Company, GA, GA II, SSLLC, and Benchmark are collectively referred to herein as the “Parties” and each individually is referred to herein as a “Party.” This Agreement and the transactions contemplated hereby (including the Mergers, as defined below) shall not be consummated until the date that the Securities and Exchange Commission has declared the Company’s Registration Statement on Form S-1 (File No. 333-171271) (the “Registration Statement”) effective under the Securities Act of 1933, as amended (the “Effectiveness of the Registration State
EMPLOYMENT AGREEMENTEmployment Agreement • March 8th, 2013 • Servicesource International, Inc. • Services-business services, nec • California
This Employment Agreement (the “Agreement”) is entered into as of February 6, 2013 (the “Effective Date”) by and between ServiceSource International, Inc. (“ServiceSource”) and Ashley Johnson (“Employee”).
AMENDED AND RESTATED EMPLOYMENT AND CONFIDENTIAL INFORMATION AGREEMENTEmployment and Confidential Information Agreement • December 20th, 2010 • Servicesource International LLC • California
In consideration for employment by ServiceSource International, LLC (hereinafter “ServiceSource” or the “Company”) of Jeffrey M. Bizzack (“Employee”), ServiceSource and Employee acknowledge and agree as follows:
AMENDMENT NO. 2 TO CREDIT AGREEMENTCredit Agreement • August 9th, 2013 • Servicesource International, Inc. • Services-business services, nec • California
THIS AMENDMENT NO. 2 TO CREDIT AGREEMENT (this "Amendment"), entered into as of August 6, 2013, is entered into by and between ServiceSource International, Inc., a Delaware corporation (the "Borrower"), and JPMorgan Chase Bank, N.A., as Lender (the "Lender").
ContractStock Option Award Agreement • February 24th, 2021 • Servicesource International, Inc. • Services-business services, nec • Delaware
Note: Do not sign and return this document to the Company. By clicking on the [“ACCEPT” box], you acknowledge that you have read the information below and agree to be bound by the terms of the Plan and Agreement, including the Appendix. To avoid cancellation of the Option, you must provide such acceptance within ninety (90) days of the Grant Date, as set forth in Section 14 of the Option Award Terms and Conditions.
SEPARATION AGREEMENTSeparation Agreement • March 8th, 2013 • Servicesource International, Inc. • Services-business services, nec • California
This Separation Agreement (this “Agreement”) is made by and between David Oppenheimer (“Employee”) and ServiceSource International, Inc. (the “Company”) (collectively referred to as the “Parties” or individually referred to as a “Party”). Capitalized Terms used but not defined herein shall have the meaning set forth in the Employment Agreement (as defined below).
CREDIT AGREEMENT Dated as of July 5, 2012 between ServiceSource International, Inc. as Borrower, and JPMorgan Chase Bank, National Association, as Issuing Bank and as LenderCredit Agreement • November 9th, 2012 • Servicesource International, Inc. • Services-business services, nec • California
This Credit Agreement (this “Agreement”) is entered into as of July 5, 2012, between ServiceSource International, Inc., a Delaware corporation, as borrower (“Borrower”), and JPMorgan Chase Bank, National Association, as Lender (in such capacity, “Lender”), and as the issuer of Letters of Credit hereunder (in such capacity, the “Issuing Bank”).
