BOX, INC. AND U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of September 20, 2024 1.50% Convertible Senior Notes due 2029Indenture • September 20th, 2024 • Box Inc • Services-prepackaged software • New York
INDENTURE, dated as of September 20, 2024, between BOX, INC., a Delaware corporation, as issuer (the “Company”, as more fully set forth in Section 1.01) and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee”, as more fully set forth in Section 1.01).
BOX, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • July 7th, 2014 • Box Inc • Services-prepackaged software • Delaware
This Indemnification Agreement (this “Agreement”) is dated as of , 20 and is between Box, Inc., a Delaware corporation (the “Company”), and (“Indemnitee”).
ContractWarrant Agreement • January 3rd, 2014 • Box Inc • Services-prepackaged software • California
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 RELATED THERETO OR AN OPINION OF COUNSEL (WHICH MAY BE COMPANY COUNSEL) REASONABLY SATISFACTORY TO THE COMPANY THAT SUCH REGISTRATION IS NOT REQUIRED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY APPLICABLE STATE SECURITIES LAWS.
BOX, INC. 1.50% CONVERTIBLE SENIOR NOTES DUE 2029 PURCHASE AGREEMENTPurchase Agreement • September 20th, 2024 • Box Inc • Services-prepackaged software • New York
INVESTMENT AGREEMENT by and among BOX, INC., POWELL INVESTORS III L.P., KKR- MILTON CREDIT HOLDINGS L.P., KKR-NYC CREDIT C L.P. TAILORED OPPORTUNISTIC CREDIT FUND and CPS HOLDINGS (US) L.P. Dated as of April 7, 2021Investment Agreement • April 8th, 2021 • Box Inc • Services-prepackaged software • Delaware
This INVESTMENT AGREEMENT dated as of April 7, 2021 (this “Agreement”), is made and entered into by and among Box, Inc., a Delaware corporation (the “Company”), Powell Investors III L.P., a Cayman Islands exempted limited partnership, KKR-Milton Credit Holdings L.P., a Cayman Islands exempted limited partnership, KKR-NYC Credit C L.P., a Delaware limited partnership and Tailored Opportunistic Credit Fund, an Australian trust and CPS Holdings (US) L.P., a Delaware limited partnership, each of which are managed or advised by KKR Credit Advisors (US) LLC or Affiliates thereof (collectively, the “Investor”).
AMENDED AND RESTATED CREDIT AGREEMENT between BOX, INC. and WELLS FARGO BANK, NATIONAL ASSOCIATION Date as of June 30, 2023Credit Agreement • July 3rd, 2023 • Box Inc • Services-prepackaged software • California
This Amended and Restated Credit Agreement dated as of June 30, 2023 (as supplemented, amended, modified, amended and restated or replaced in writing from time to time, this “Agreement”), is entered into by and between BOX, INC., a Delaware corporation (the “Borrower”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (the “Lender”).
BOX, INC. Confirmatory Employment LetterConfirmatory Employment Letter • January 9th, 2015 • Box Inc • Services-prepackaged software
This letter agreement (the “Agreement”) is entered into between Box, Inc. (the “Company” or “we”) and you. This Agreement is effective as of the date signed below (the “Effective Date”). The purpose of this Agreement is to confirm the current terms and conditions of your employment.
MASTER LICENSE AND SERVICE AGREEMENTMaster License and Service Agreement • July 7th, 2014 • Box Inc • Services-prepackaged software
THIS MASTER LICENSE AND SERVICE AGREEMENT (“Agreement”) by and between [***], L.L.C., a Delaware limited liability company (“Licensor”) and BOX.NET, INC., a Washington corporation (‘Customer”) is entered into as of this 17th day of March, 2008.
MASTER SERVICE AGREEMENTMaster Service Agreement • March 24th, 2014 • Box Inc • Services-prepackaged software • California
This Master Service Agreement (“Agreement”) is entered into on April 29th , 2008 (“MSA Effective Date”) by and between Equinix Operating Co., Inc. (“Equinix”) and the undersigned customer (“Customer”), and includes the following exhibits:
OFFICE LEASE BY AND BETWEEN BEHRINGER HARVARD EL CAMINO REAL LP, AS “Landlord” AND BOX.NET, INC., AS “Tenant” 4440 EL CAMINO BUILDING LOS ALTOS, CALIFORNIAOffice Lease • March 24th, 2014 • Box Inc • Services-prepackaged software • California
Landlord and Tenant enter into this Office Lease (“Lease”) as of the Execution Date on the following terms, covenants, conditions and provisions:
VANTAGE DATA CENTERS [***] WHOLESALE DATACENTER LEASEWholesale Datacenter Lease • December 8th, 2016 • Box Inc • Services-prepackaged software
[***] Vantage Confidential and Proprietary Information has been omitted and submitted separately to the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
BOX, INC. CHANGE IN CONTROL AND SEVERANCE AGREEMENTChange in Control and Severance Agreement • December 10th, 2014 • Box Inc • Services-prepackaged software • California
This Change in Control and Severance Agreement (the “Agreement”) is made and entered into by and between (“Executive”) and Box, Inc., a Delaware corporation (the “Company”), effective as of , 2014 (the “Effective Date”).
AGREEMENTAgreement • March 23rd, 2020 • Box Inc • Services-prepackaged software • Delaware
This Agreement (this “Agreement”) is made and entered into as of March 22, 2020 by and among Box, Inc. (the “Company”) and the entities and natural persons set forth in the signature pages hereto (collectively, “Starboard”) (each of the Company and Starboard, a “Party” to this Agreement, and collectively, the “Parties”).
COLOCATION FACILITIES AGREEMENTColocation Facilities Agreement • March 24th, 2014 • Box Inc • Services-prepackaged software • New York
This Colocation Facilities Agreement is made by and between Switch Communications Group L.L.C., a Nevada limited liability company (“Switch”) and the customer indicated in the signature block below (“Customer”). This Colocation Facilities Agreement is effective as of the date of Switch’s signature below (the “Effective Date”); provided that neither party shall he bound until both parties have signed.
WAIVER TO INVESTMENT AGREEMENTWaiver to Investment Agreement • May 18th, 2021 • Box Inc • Services-prepackaged software
THIS WAIVER (this “Waiver”) is made and entered into as of May 13, 2021 with respect to that certain Investment Agreement dated as of April 7, 2021 (the “Investment Agreement”), made and entered into by and among Box, Inc., a Delaware corporation (the “Company”), Powell Investors III L.P., a Cayman Islands exempted limited partnership, KKR-Milton Credit Holdings L.P., a Cayman Islands exempted limited partnership, KKR-NYC Credit C L.P., a Delaware limited partnership, Tailored Opportunistic Credit Fund, an Australian trust, and CPS Holdings (US) L.P., a Delaware limited partnership and the Permitted Investor Transferees (as defined in the Investment Agreement). Any capitalized terms used herein and not otherwise defined shall have the respective meanings assigned to them in the Investment Agreement.
FIFTH AMENDMENT TO OFFICE LEASEOffice Lease • June 4th, 2020 • Box Inc • Services-prepackaged software
This FIFTH AMENDMENT TO OFFICE LEASE ("Fifth Amendment") is made and entered into as April 30, 2019 (the "Effective Date"), by and between REDWOOD CITY PARTNERS, LLC, a Delaware limited liability company ("Landlord"), and BOX, INC., a Delaware corporation ("Tenant").
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • May 18th, 2021 • Box Inc • Services-prepackaged software • Delaware
REGISTRATION RIGHTS AGREEMENT, dated as of May 12, 2021 (the “Agreement”), by and among Box, Inc., a Delaware corporation (the “Company”) and the persons listed on the signature pages hereto. The parties signatory hereto other than the Company and any other party that may become a party hereto pursuant to Section 9(c) are referred to collectively as the “Stockholders” and individually each as a “Stockholder”.
AMENDMENT NO. 3 TO CREDIT AGREEMENTCredit Agreement • June 12th, 2015 • Box Inc • Services-prepackaged software • New York
AMENDMENT NO. 3 TO CREDIT AGREEMENT dated as of March 18, 2015 (this “Amendment”) to the Credit Agreement dated as of August 27, 2013 (as heretofore amended, the “Credit Agreement”) among BOX, INC. (the “Borrower”), the LENDERS party thereto (the “Lenders”) and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Administrative Agent (the “Administrative Agent”).
AMENDMENT NO. 1 TO THE COLOCATION FACILITIES AGREEMENTColocation Facilities Agreement • June 6th, 2019 • Box Inc • Services-prepackaged software
This Amendment (this “Amendment”) to the Colocation Facilities Agreement (the “Agreement”) is made and entered into as of the last date executed below (the “Amendment Effective Date”) by and between Switch and Box (“Customer”).
FIRST AMENDMENT TO OFFICE LEASEOffice Lease • June 4th, 2020 • Box Inc • Services-prepackaged software
This FIRST AMENDMENT TO OFFICE LEASE (“First Amendment”) is made and entered into as of the 17th day of March, 2015, by and between REDWOOD CITY PARTNERS, LLC, a Delaware limited company (“Landlord”), and BOX, INC., a Delaware corporation (“Tenant”).
JOINDER AGREEMENTJoinder Agreement • May 18th, 2021 • Box Inc • Services-prepackaged software • Delaware
This JOINDER AGREEMENT (this “Joinder”) is entered into as of May 12, 2021 by and among the parties listed on the signature page hereto under the heading “Joining Party” (each, a “Joining Party”), Box, Inc. (the “Company”) and Powell Investors III L.P., KKR-Milton Credit Holdings L.P., KKR-NYC Credit C L.P., Tailored Opportunistic Credit Fund and CPS Holdings (US) L.P., which are managed or advised by KKR Credit Advisors (US) LLC or Affiliates thereto (collectively, the “Investor”).
BOX, INC.Global Restricted Stock Unit Agreement • March 12th, 2021 • Box Inc • Services-prepackaged software • California
Unless otherwise defined herein, the terms defined in the Box, Inc. 2015 Equity Incentive Plan (the “Plan”) will have the same defined meanings in this Global Restricted Stock Unit Agreement, including the Notice of Restricted Stock Unit Grant (the “Notice of Grant”), the Terms and Conditions of Restricted Stock Unit Grant, attached hereto as Exhibit A, and the Country-Specific Terms and Conditions, attached hereto as Exhibit B (collectively this “Award Agreement”).
COLOCATION FACILITIES AGREEMENT SECOND AMENDMENTColocation Facilities Agreement • June 6th, 2019 • Box Inc • Services-prepackaged software
This Second Amendment to the Colocation Facilities Agreement (this “Second Amendment”) is made by and between the undersigned parties pertaining to the Colocation Facilities Agreement (the “CFA”) and its attached exhibits, including the Service Level Agreement (the “SLA”), entered into between the parties on or around August 10, 2017, the amendment entered into between the parties on or around July 31, 2018 (the “First Amendment”), the addendum entered into between the parties on or around July 31, 2018 (the “Customer Data Addendum”) (collectively, the “Agreement”), which Agreement is hereby ratified as provided below.
SECOND AMENDMENT TO OFFICE LEASEOffice Lease • June 4th, 2020 • Box Inc • Services-prepackaged software
This SECOND AMENDMENT TO OFFICE LEASE (the “Second Amendment”) dated as of October 22, 2015, is entered into by and between REDWOOD CITY PARTNERS, LLC, a Delaware limited liability company (collectively, “Landlord”), and BOX, INC., a Delaware corporation (“Tenant”), with reference to the facts set forth in the Recitals below.
AMENDMENT NO. 1 TO CREDIT AGREEMENTCredit Agreement • March 30th, 2016 • Box Inc • Services-prepackaged software • New York
AMENDMENT NO. 1 TO CREDIT AGREEMENT (this “Amendment”) dated as of February 11, 2016 to the Credit Agreement dated as of December 4, 2015 (the “Credit Agreement”) between Box, Inc., a Delaware corporation (“Borrower”), and HSBC Bank USA, National Association, a national banking association (the “Lender”).
AMENDMENT NO. 2 TO CREDIT AGREEMENTCredit Agreement • March 1st, 2017 • Box Inc • Services-prepackaged software • New York
AMENDMENT NO. 2 TO CREDIT AGREEMENT (this “Amendment”) dated as of February 28, 2017 to the Credit Agreement dated as of December 4, 2015 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), between Box, Inc., a Delaware corporation (“Borrower”), and HSBC Bank USA, National Association, a national banking association (the “Lender”).
WELLS FARGO BANK, NATIONAL ASSOCIATIONCredit Agreement • June 4th, 2020 • Box Inc • Services-prepackaged software
THIRD AMENDMENT TO OFFICE LEASEOffice Lease • June 4th, 2020 • Box Inc • Services-prepackaged software
This THIRD AMENDMENT TO OFFICE LEASE (‘‘Third Amendment”) is made and entered into as September 21, 2017 (the “Effective Date”), by and between REDWOOD CITY PARTNERS, LLC, a Delaware limited company (“Landlord”), and BOX, INC., a Delaware corporation (“Tenant”).
BOX, INC. EXECUTIVE SEVERANCE AGREEMENTExecutive Severance Agreement • March 24th, 2014 • Box Inc • Services-prepackaged software • California
This Executive Severance Agreement (“Severance Agreement”) is entered into as of the last date signed below (the “Effective Date”) by and between Box, Inc. (the “Company”) and [EXECUTIVE] (the “Executive”) (collectively, the “Parties”).
SIXTH AMENDMENT TO OFFICE LEASEOffice Lease • March 11th, 2024 • Box Inc • Services-prepackaged software
This SIXTH AMENDMENT TO OFFICE LEASE (this “Sixth Amendment”), is made and entered into as of November 21, 2023, by and between REDWOOD CITY PARTNERS, LLC, a Delaware limited liability company (“Landlord”), and BOX, INC., a Delaware corporation (“Tenant”).
OFFICE LEASE KILROY REALTY CROSSING/900 REDWOOD CITY PARTNERS, LLC, a Delaware limited liability company, as Landlord, and BOX, INC., a Delaware corporation, as Tenant.Office Lease • January 9th, 2015 • Box Inc • Services-prepackaged software • California
This Office Lease (the “Lease”), dated as of the date set forth in Section 1 of the Summary of Basic Lease Information (the “Summary”), below, is made by and between REDWOOD CITY PARTNERS, LLC, a Delaware limited liability company (“Landlord”), and BOX, INC., a Delaware corporation (“Tenant”).
WELLS FARGO BANK, NATIONAL ASSOCIATIONLimited Consent • June 4th, 2021 • Box Inc • Services-prepackaged software
BOX, INC. EIGHTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT July 7, 2014Investors’ Rights Agreement • July 7th, 2014 • Box Inc • Services-prepackaged software • Delaware
This Eighth Amended and Restated Investors’ Rights Agreement (this “Agreement”) is made as of the 7th day of July, 2014 (the “Closing”), by and among Box, Inc., a Delaware corporation (the “Company”), the holders of shares of Series A Preferred Stock (the “Series A Preferred”) listed on Schedule A hereto, each of whom is herein referred to as a “Series A Holder,” the holders of shares of Series B Preferred Stock (the “Series B Preferred”) listed on Schedule A hereto, each of whom is herein referred to as a “Series B Holder,” the holders of shares of Series C Preferred Stock (the “Series C Preferred”) listed on Schedule A hereto, each of whom is herein referred to as a “Series C Holder,” the holders of shares of Series D Preferred Stock (the “Series D Preferred”) listed on Schedule A hereto, each of which is herein referred to as a “Series D Holder,” the holders of shares of Series D-1 Preferred Stock (the “Series D-1 Preferred”) listed on Schedule A hereto, each of which is herein refe
LEASE TERMINATION AGREEMENTLease Termination Agreement • December 10th, 2014 • Box Inc • Services-prepackaged software • California
This Lease Termination Agreement (the “Agreement”) is made as of October 24, 2014 (“Effective Date”), by and between ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a Connecticut corporation (“Landlord”), and BOX, INC., a Delaware corporation (“Tenant”), with reference to the following facts.
FOURTH AMENDMENT TO OFFICE LEASEOffice Lease • June 4th, 2020 • Box Inc • Services-prepackaged software
This FOURTH AMENDMENT TO OFFICE LEASE (“Fourth Amendment”) is made and entered into as of 11/6, 2018 (the “Effective Date”), by and between REDWOOD CITY PARTNERS, LLC, a Delaware limited company (“Landlord”), and BOX, INC., a Delaware corporation (“Tenant”).
