Underwriting AgreementUnderwriting Agreement • June 4th, 2020 • Glu Mobile Inc • Services-computer programming services • New York
If the undersigned is not a natural person, the undersigned represents and warrants that no single natural person, entity or “group” (within the meaning of Section 13(d)(3) of the Exchange Act), other than a natural person, entity or “group” (as described above) that has executed a Lock-Up Agreement in substantially the same form as this Lock-Up Agreement, beneficially owns, directly or indirectly, 50% or more of the common equity interests, or 50% or more of the voting power, in the undersigned.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • July 6th, 2010 • Glu Mobile Inc • Services-computer programming services • New York
This Registration Rights Agreement (the “Agreement”) is made and entered into as of this day of , 2010 by and among Glu Mobile Inc., a Delaware corporation (the “Company”), and the “Investors” named in that certain Purchase Agreement by and among the Company and the Investors (the “Purchase Agreement”). Capitalized terms used herein have the respective meanings ascribed thereto in the Purchase Agreement unless otherwise defined herein.
INDEMNITY AGREEMENTIndemnity Agreement • October 29th, 2013 • Glu Mobile Inc • Services-computer programming services • Delaware
This Indemnity Agreement (this “Agreement”) is dated as of (the “Effective Date”) and made by and between Glu Mobile Inc., a Delaware corporation (the “Company”), and , a director, officer or key employee of the Company or one of the Company’s subsidiaries or other service provider who satisfies the definition of Indemnifiable Person set forth below (“Indemnitee”).
GLU MOBILE INC. Common Stock ($0.0001 par value per share) Underwriting AgreementUnderwriting Agreement • May 30th, 2014 • Glu Mobile Inc • Services-computer programming services • New York
Glu Mobile Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the several underwriters named in Schedule I hereto (collectively, the “Underwriters”) for whom Cowen and Company, LLC and Stifel, Nicolaus & Company, Incorporated are acting as representatives (in such capacity, the “Representatives”), an aggregate of [ ] shares (the “Firm Shares”) and, at the election of the Underwriters, up to [ ] additional shares (the “Optional Shares”), of common stock, par value $0.0001 per share, of the Company (“Common Stock”). The Firm Shares and the Optional Shares which the Underwriters elect to purchase pursuant to Section 3 hereof are herein collectively called the “Shares.”
Glu Mobile Inc. Common Stock, par value $0.0001 per share Underwriting AgreementUnderwriting Agreement • March 19th, 2007 • Glu Mobile Inc • Services-computer programming services • New York
Goldman, Sachs & Co., Lehman Brothers Inc., Banc of America Securities LLC and Needham & Company, LLC As representatives of the several Underwriters named in Schedule I hereto, c/o Goldman, Sachs & Co. 85 Broad Street, New York, New York 10004
PLEASE READ THE FOLLOWING APPLE DEVELOPER PROGRAM LICENSE AGREEMENT TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING OR USING THE APPLE SOFTWARE OR APPLE SERVICES. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND APPLE. Apple...Apple Developer Program License Agreement • February 26th, 2021 • Glu Mobile Inc • Services-computer programming services
You would like to use the Apple Software (as defined below) to develop one or more Applications (as defined below) for Apple-branded products. Apple is willing to grant You a limited license to use the Apple Software and Services provided to You under this Program to develop and test Your Applications on the terms and conditions set forth in this Agreement.
Agreement and Plan of MergerMerger Agreement • February 8th, 2021 • Glu Mobile Inc • Services-computer programming services • Delaware
This Agreement and Plan of Merger (this “Agreement”) is made and entered into as of February 8, 2021 (the “Agreement Date”), by and among Electronic Arts Inc., a Delaware corporation (“Parent”), Giants Acquisition Sub, Inc., a Delaware corporation and a wholly owned Subsidiary of Parent (“Merger Sub”), and Glu Mobile Inc., a Delaware corporation (the “Company” and, collectively with Parent and Merger Sub, the “Parties”). Capitalized terms shall have the meaning ascribed to them throughout this Agreement or in Exhibit A.
GLU MOBILE INC. 7,245,000 Shares* Common Stock ($0.0001 par value per share) Underwriting AgreementUnderwriting Agreement • September 12th, 2013 • Glu Mobile Inc • Services-computer programming services • New York
Glu Mobile Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the several underwriters named in Schedule I hereto (collectively, the “Underwriters”) for whom Canaccord Genuity Inc. is acting as representative (in such capacity, the “Representative”), an aggregate of 6,300,000 shares (the “Firm Shares”) and, at the election of the Underwriters, up to 945,000 additional shares (the “Optional Shares”), of common stock, par value $0.0001 per share, of the Company (“Common Stock”). The Firm Shares and the Optional Shares which the Underwriters elect to purchase pursuant to Section 3 hereof are herein collectively called the “Shares.”
AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 30th, 2008 • Glu Mobile Inc • Services-computer programming services • Delaware
THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of the Effective Date between SILICON VALLEY BANK, a California corporation (“Bank”), and each of Glu Mobile Inc., a Delaware corporation (“Glu Mobile”), Glu Games Inc., a Delaware corporation (“Glu Games”), and Superscape inc., a Delaware corporation (“Superscape”, together with Glu Mobile and Glu Games, each a “Borrower” and collectively, jointly and severally, “Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank.
PLEASE READ THE FOLLOWING LICENSE AGREEMENT TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING OR USING THE APPLE SOFTWARE. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND APPLE. iOS Developer Program License Agreement PurposeIos Developer Program License Agreement • March 15th, 2013 • Glu Mobile Inc • Services-computer programming services • California
You would like to use the Apple Software (as defined below) to develop one or more Applications (as defined below) for Apple-branded products running the iOS. Apple is willing to grant You a limited license to use the Apple Software to develop and test Your Applications on the terms and conditions set forth in this Agreement.
GLU MOBILE INC. CHANGE OF CONTROL SEVERANCE AGREEMENTChange of Control Severance Agreement • February 8th, 2021 • Glu Mobile Inc • Services-computer programming services • California
This Change of Control Severance Agreement (the “Agreement”) is made and entered into effective as of February 8, 2021 (the “Effective Date”), by and between Becky Ann Hughes (the “Employee”) and Glu Mobile Inc. (the “Company”).
GLU MOBILE INC. CHANGE OF CONTROL SEVERANCE AGREEMENTChange of Control Severance Agreement • March 13th, 2009 • Glu Mobile Inc • Services-computer programming services • California
This Change of Control Severance Agreement (the “Agreement”) is made and entered into effective as of October 10, 2008 (the “Effective Date”), by and between L. Gregory Ballard (the “Employee”) and Glu Mobile Inc., a Delaware corporation (the “Company”).
WARRANT TO PURCHASE STOCKWarrant Agreement • December 19th, 2006 • Glu Mobile Inc • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.
INDEMNITY AGREEMENTIndemnity Agreement • December 19th, 2006 • Glu Mobile Inc • Delaware
This Indemnity Agreement, dated as of _____________, 20___is made by and between Glu Mobile Inc., a Delaware corporation (the “Company”), and _____________, a director, officer or key employee of the Company or one of the Company’s subsidiaries or other service provider who satisfies the definition of Indemnifiable Person set forth below (“Indemnitee”).
WIRELESS CONTENT LICENSE AGREEMENTWireless Content License Agreement • March 19th, 2007 • Glu Mobile Inc • Services-computer programming services • California
This License Agreement (this “Agreement”) is entered into effective as of December 16, 2004, (the “Effective Date”) by and between TWENTIETH CENTURY FOX LICENSING & MERCHANDISING, a division of Fox Entertainment Group, Inc. (“Fox”), as Administrator for Twentieth Century Fox Film Corporation (“Trademark Licensor”), and Sorrent, Inc. (“Licensee”). Fox and Licensee are collectively referred to as the “parties” and each individually as a “party.”
ContractSubordination Agreement • December 30th, 2008 • Glu Mobile Inc • Services-computer programming services • New York
This instrument and the rights and obligations evidenced hereby are subordinated in the manner and to the extent set forth in that certain Subordination and Intercreditor Agreement (the “Subordination Agreement”) dated as of December 29, 2008 by and among Wang Xin, as representative for the creditors set forth on Exhibit A thereto, Beijing Zhangzhong MIG Information Technology Co., Ltd., a domestic limited liability company organized under the laws of the PRC (the “Company”), Glu Mobile Inc., a Delaware corporation (“Parent”) , certain direct and indirect subsidiaries of Borrower from time to time party thereto, and Silicon Valley Bank, a California banking corporation (the “Senior Lender”),to the indebtedness (including interest) owed by Parent pursuant to that certain Amended and Restated Loan and Security Agreement dated as of December 29, 2008 among Parent, certain affiliates of Parent, and the Senior Lender, and as such Loan and Security Agreement has been and hereafter may be ame
SUBLEASESublease • August 28th, 2007 • Glu Mobile Inc • Services-computer programming services • California
THIS SUBLEASE (“Sublease”) is entered into as of August 22, 2007, by and between ORACLE USA, INC., a Colorado corporation (“Sublandlord”) and GLU MOBILE INC., a Delaware corporation (“Subtenant”), with reference to the following facts:
PUBLISHING AND DISTRIBUTION AGREEMENTPublishing and Distribution Agreement • March 19th, 2007 • Glu Mobile Inc • Services-computer programming services • California
This publishing and distribution agreement (“Agreement”) is entered into as of the 1st day of October, 2004 (“Effective Date”), by and between Sorrent, Inc. (“Sorrent”) and PopCap Games, Inc. (“PopCap”).
WIRELESS INFORMATION SERVICE LICENSING AGREEMENTWireless Information Service Licensing Agreement • March 19th, 2007 • Glu Mobile Inc • Services-computer programming services • Georgia
THIS WIRELESS INFORMATION SERVICE DISTRIBUTION AGREEMENT is entered into as of the ___15th day of October, 2004 ____ (the “Effective Date”), by and between Sorrent, a corporation incorporated under the laws of the State of California, having its principal place of business at 1810 Gateway Drive Suite 200 San Mateo, CA 94404 (“LICENSOR”), and CINGULAR WIRELESS, LLC., a limited liability company under the laws of Delaware, having a place of business at ___5565 Glenridge Connector Atlanta, GA 30342 (“Cingular”). Each of LICENSOR and Cingular may be referred to herein each as a “Party” and together, as the “Parties.”
AMENDMENT TO CHANGE OF CONTROL SEVERANCE AGREEMENTChange of Control Severance Agreement • November 14th, 2011 • Glu Mobile Inc • Services-computer programming services
This AMENDMENT TO CHANGE OF CONTROL SEVERANCE AGREEMENT is entered into as of July 7, 2011 (this “Amendment”) and amends that certain Change of Control Severance Agreement, effective as of January 4, 2010 (the “Original Agreement”), by and between Glu Mobile Inc., a Delaware corporation (the “Company”), and Niccolo de Masi, an individual (the “Employee”). The capitalized terms not otherwise defined herein have the respective meanings given to them in the Original Agreement.
PURCHASE AGREEMENTPurchase Agreement • July 6th, 2010 • Glu Mobile Inc • Services-computer programming services • New York
THIS PURCHASE AGREEMENT (“Agreement”) is made as of the 30th day of June, 2010 by and among Glu Mobile Inc., a Delaware corporation (the “Company”), and the Investors set forth on the signature pages affixed hereto and such other persons as shall become a party hereto prior to the end of the Extended Signing Period (each an “Investor” and collectively the “Investors”).
Wireless Internet Service AgreementWireless Internet Service Agreement • March 19th, 2007 • Glu Mobile Inc • Services-computer programming services • Kansas
This Wireless Internet Service Agreement (“Agreement”) is effective as of March 28, 2003 (“Effective Date”), between Sprint Spectrum L.P., a Delaware limited partnership doing business as Sprint PCS (“Sprint”) and Sorrent Inc., a California corporation (“Sorrent”). The parties desire to provide Sorrent Services as part of the Sprint Services.
Glu Mobile Inc. Executive Chairman AgreementExecutive Chairman Agreement • November 3rd, 2016 • Glu Mobile Inc • Services-computer programming services • California
This Executive Chairman Agreement (this “Agreement”) is entered into by and between Glu Mobile Inc. (“Company”) and Niccolo de Masi (“Executive”) and sets forth the terms of Executive’s continued service with the Company. This Agreement is effective as of November 2, 2016 (the “Effective Date”).
Master Reseller AgreementMaster Reseller Agreement • March 19th, 2007 • Glu Mobile Inc • Services-computer programming services • England and Wales
This Master Reseller Agreement (the “Agreement”) is made between Vodafone Global Content Services Limited (CRN: 04064873) which is incorporated in England and has a registered office of Vodafone House, The Connection, Newbury, Berkshire, RG14 2FN (“VGCS”), and the following person or entity (the “Company”):
DIGITAL ITEM LICENSE AND DISTRIBUTION AGREEMENTDigital Item License and Distribution Agreement • March 19th, 2007 • Glu Mobile Inc • Services-computer programming services • Virginia
This Digital Item License and Distribution Agreement (with its Exhibits, the “Agreement”), is made and entered into as of August 15,2004 (the “Commencement Date”) by and between Nextel Operations, Inc., a Delaware corporation, with offices at 2001 Edmund Halley Drive, Reston, Virginia 20191 (“Nextel”), on behalf of itself and its Affiliates, as defined below, and Sorrent, Inc., a California corporation, with offices at 1810 Gateway Drive, Suite 200, San Mateo, CA 94404 (“Company”). Nextel and Company may be referred to individually as a “Party” and collectively as the “Parties.”
TRADEMARK AND DOMAIN NAME ASSIGNMENT AND LICENSE AGREEMENTTrademark and Domain Name Assignment and License Agreement • August 9th, 2012 • Glu Mobile Inc • Services-computer programming services • New York
This Trademark and Domain Name Assignment and License Agreement (“Agreement”) is entered into effective as of March 31, 2012 (“Effective Date”) by and between Atari, Inc., a Delaware corporation located at 417 5th Avenue, Suite 350, New York, New York 10016 (“Atari”), and Glu Mobile Inc., a Delaware corporation located at 45 Fremont Street, Suite 2800, San Francisco, California 94105 (“Glu”).
Developer Distribution Agreement Definitions Google: Google Inc., a Delaware corporation with principal place of business at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. Device: Any device that can access the Market, as defined...Developer Distribution Agreement • March 15th, 2013 • Glu Mobile Inc • Services-computer programming services • California
The Android robot can be used, reproduced, and modified freely in marketing communications. The color value for print is PMS 376C and the online hex color is #A4C639.
ContractSubordination Agreement • December 30th, 2008 • Glu Mobile Inc • Services-computer programming services • New York
This instrument and the rights and obligations evidenced hereby are subordinated in the manner and to the extent set forth in that certain Subordination and Intercreditor Agreement (the “Subordination Agreement”) dated as of December 29, 2008 by and among Wang Xin, as representative for the creditors set forth on Exhibit A thereto, Glu Mobile Inc., a Delaware corporation (the “Company”), certain direct and indirect subsidiaries of Borrower from time to time party thereto, and Silicon Valley Bank, a California banking corporation (the “Senior Lender”),to the indebtedness (including interest) owed by the Company pursuant to that certain Amended and Restated Loan and Security Agreement dated as of December 29, 2008 among the Company, certain affiliates of the Company, and the Senior Lender, and as such Loan and Security Agreement has been and hereafter may be amended, supplemented or otherwise modified from time to time in accordance with such Subordination Agreement, and to indebtedness
AMENDMENT NO. 1 TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 24th, 2009 • Glu Mobile Inc • Services-computer programming services
THIS AMENDMENT NO. 1 to Amended and Restated Loan and Security Agreement (this “Amendment”) is entered into this 24th day of August, 2009, by and between SILICON VALLEY BANK (“Bank”), a California banking corporation, GLU MOBILE INC., a Delaware corporation (“Glu Mobile”), GLU GAMES INC., a Delaware corporation (“Glu Games”), and SUPERSCAPE INC., a Delaware corporation (“Superscape”, together with Glu Mobile and Glu Games, each a “Borrower” and collectively, jointly and severally, “Borrower”).
STOCK TRANSFER AGREEMENTStock Transfer Agreement • November 3rd, 2016 • Glu Mobile Inc • Services-computer programming services • Delaware
This Stock Transfer Agreement (this “Agreement”) is made and entered into as of November 2, 2016 (the “Agreement Date”) by and among Glu Mobile Inc. (“Glu”), Comet Transfer Sub LLC, a Delaware limited liability company and wholly owned subsidiary of Glu (“Purchaser” and, together with Glu, “Acquiror”)), Time Warner Inc., a Delaware corporation (“TWI”), Intel Capital Corporation, a Delaware corporation (“ICC”), Middlefield Ventures, Inc., a Delaware corporation (“MVI”), Aviv Nevo, an individual resident of California (“AN” and, together with TWI, ICC, and MVI, the “Initial Participating Holders”), the other parties subject to the Voting Agreement (as defined below), including the drag-along right set forth in Section 2 thereof (the “Drag Holders”), and the other holders of capital stock of Crowdstar Inc. (the “Company”) who may from time to time execute counterpart signature pages hereto in connection with one or more Additional Closings (the “Other Participating Holders”, together with
GUARANTYGuaranty • December 30th, 2008 • Glu Mobile Inc • Services-computer programming services • New York
This Guaranty is made and given as of December 29, 2008 by Glu Mobile Inc. (“Glu” or the “Guarantor”), a Delaware corporation, in favor of Wang Bin and Wang Xin.
FIRST AMENDMENT TO SUBLEASESublease • October 4th, 2010 • Glu Mobile Inc • Services-computer programming services
This First Amendment to Sublease (this “Amendment”), dated, for reference purposes only, September 29, 2010, is made by and between BLACKROCK INSTITUTIONAL TRUST COMPANY, N.A., a national association (“Sublessor”) and GLU MOBILE INC., a Delaware corporation (“Sublessee”).
BREW™ DEVELOPER AGREEMENTBrew Developer Agreement • January 10th, 2007 • Glu Mobile Inc • Services-computer programming services
THIS BREW DEVELOPER AGREEMENT (THE “AGREEMENT”) IS A LEGALLY BINDING AGREEMENT BETWEEN QUALCOMM INCORPORATED (“QUALCOMM”) AND THE LEGAL ENTITY YOU REPRESENT (“DEVELOPER”).
GLU MOBILE INC. CHANGE OF CONTROL SEVERANCE AGREEMENTChange of Control Severance Agreement • January 4th, 2010 • Glu Mobile Inc • Services-computer programming services • California
This Change of Control Severance Agreement (the “Agreement”) is made and entered into effective as of the first day Employee commences employment with the Company, which is expected to be January 4, 2010 (the “Effective Date”), by and between Niccolo de Masi (the “Employee”) and Glu Mobile Inc. (the “Company”).
Transitional Employment AND SEPARATION aGREEMENTTransitional Employment and Separation Agreement • August 23rd, 2017 • Glu Mobile Inc • Services-computer programming services • California
This Transitional Employment and Separation Agreement (“Agreement”) is entered into effective as of the “Effective Date” (as defined below) by and between Tim Wilson (“Employee”) and Glu Mobile Inc. (the “Company”) (collectively referred to as the “Parties”).
