Standard Contracts
—] Shares FITBIT, INC. CLASS A COMMON STOCK (PAR VALUE $0.0001 PER SHARE) UNDERWRITING AGREEMENTUnderwriting Agreement • June 2nd, 2015 • Fitbit Inc • Electronic computers • New York
Contract Type FiledJune 2nd, 2015 Company Industry Jurisdiction
] Shares FITBIT, INC. CLASS A COMMON STOCK (PAR VALUE $0.0001 PER SHARE) UNDERWRITING AGREEMENTUnderwriting Agreement • November 9th, 2015 • Fitbit Inc • Electronic computers • New York
Contract Type FiledNovember 9th, 2015 Company Industry Jurisdiction
ContractWarrant Agreement • March 3rd, 2015 • Fitbit Inc • Electronic & other electrical equipment (no computer equip) • California
Contract Type FiledMarch 3rd, 2015 Company Industry JurisdictionTHIS 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.
AGREEMENT AND PLAN OF MERGER by and amongMerger Agreement • November 1st, 2019 • Fitbit, Inc. • Electronic computers • Delaware
Contract Type FiledNovember 1st, 2019 Company Industry JurisdictionTHIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of November 1, 2019, is entered into by and among Fitbit, Inc., a Delaware corporation (the “Company”), Google LLC, a Delaware limited liability company (“Parent”), and Magnoliophyta Inc., a Delaware corporation and a wholly owned Subsidiary (as defined below) of Parent (“Merger Sub”).
REVOLVING CREDIT AND GUARANTY AGREEMENT dated as of August 13, 2014 among FITBIT, INC., The Guarantors Party Hereto, The Lenders Party Hereto and MORGAN STANLEY SENIOR FUNDING, INC., as Administrative Agent and Collateral Agent MORGAN STANLEY SENIOR...Revolving Credit and Guaranty Agreement • May 4th, 2015 • Fitbit Inc • Electronic computers • New York
Contract Type FiledMay 4th, 2015 Company Industry JurisdictionThe Borrower has caused this Interest Election Request to be executed and delivered by its duly authorized officer as of the date first written above.
INDEMNIFICATION AGREEMENTIndemnification Agreement • May 7th, 2015 • Fitbit Inc • Electronic computers • Delaware
Contract Type FiledMay 7th, 2015 Company Industry JurisdictionTHIS AGREEMENT (the “Agreement”) is made and entered into as of [—], between FitBit, Inc., a Delaware corporation (the “Company”), and [—] (“Indemnitee”).
FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • May 5th, 2017 • Fitbit Inc • Electronic computers • New York
Contract Type FiledMay 5th, 2017 Company Industry JurisdictionTHIS SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”), dated as of December 10, 2015, is entered into by and among (a) FITBIT, INC., a Delaware corporation (the “Borrower”), (b) the several banks and other financial institutions or entities from time to time parties to this Agreement, (c) SILICON VALLEY BANK (“SVB”), as the Issuing Lender and the Swingline Lender, (d) SVB, as administrative agent and collateral agent for the Lenders (in such capacities, the “Administrative Agent”), (e) SUNTRUST BANK, as syndication agent for the Lenders (in such capacity, the “Syndication Agent”), and (f) SVB and SUNTRUST ROBINSON HUMPHREY, INC., as co-lead arrangers and joint bookrunners (in such capacities, collectively, the “Arrangers”).
180,000,000 SENIOR SECURED CREDIT FACILITIES AMENDED AND RESTATED CREDIT AGREEMENT dated as of August 13, 2014 among FITBIT, INC., as the Borrower, THE SEVERAL LENDERS FROM TIME TO TIME PARTIES HERETO, SILICON VALLEY BANK, as Administrative Agent,...Credit Agreement • May 7th, 2015 • Fitbit Inc • Electronic computers • New York
Contract Type FiledMay 7th, 2015 Company Industry JurisdictionTHIS CREDIT AGREEMENT (this “Agreement”), dated as of August 13, 2014, is entered into by and among (a) FITBIT, INC., a Delaware corporation (the “Borrower”), (b) the several banks and other financial institutions or entities from time to time parties to this Agreement (each a “Lender” and, collectively, the “Lenders”), (c) SILICON VALLEY BANK (“SVB”), as the Issuing Lender and the Swingline Lender, (d) SVB, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), (e) SVB and SUNTRUST BANK (“SunTrust “), as co-collateral agents for the Lenders (in such capacity, each a “Collateral Agent” and collectively, the “Collateral Agents”), (f) SUNTRUST and MORGAN STANLEY SENIOR FUNDING, INC. (“Morgan Stanley”), as co-syndication agents for the Lenders (in such capacity, each a “Syndication Agent” and collectively, the “Syndication Agents”), and (g) SVB, SUNTRUST ROBINSON HUMPHREY, INC., and MORGAN STANLEY, as co-lead arrangers and joint bookrunners (in such capaci
ContractWarrant Agreement • May 7th, 2015 • Fitbit Inc • Electronic computers • California
Contract Type FiledMay 7th, 2015 Company Industry JurisdictionTHIS 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 AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWSOR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
250,000,000 SENIOR SECURED CREDIT FACILITIES SECOND AMENDED AND RESTATED CREDIT AGREEMENT dated as of December 10, 2015 among FITBIT, INC., as the Borrower, THE SEVERAL LENDERS FROM TIME TO TIME PARTIES HERETO, SILICON VALLEY BANK, as Administrative...Senior Secured Credit Agreement • December 15th, 2015 • Fitbit Inc • Electronic computers • New York
Contract Type FiledDecember 15th, 2015 Company Industry JurisdictionTHIS SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”), dated as of December 10, 2015, is entered into by and among (a) FITBIT, INC., a Delaware corporation (the “Borrower”), (b) the several banks and other financial institutions or entities from time to time parties to this Agreement, (c) SILICON VALLEY BANK (“SVB”), as the Issuing Lender and the Swingline Lender, (d) SVB, as administrative agent and collateral agent for the Lenders (in such capacities, the “Administrative Agent”), (e) SUNTRUST BANK, as syndication agent for the Lenders (in such capacity, the “Syndication Agent”), and (f) SVB and SUNTRUST ROBINSON HUMPHREY, INC., as co-lead arrangers and joint bookrunners (in such capacities, collectively, the “Arrangers”).
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACT'), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE...Warrant Agreement • November 6th, 2017 • Fitbit Inc • Electronic computers • California
Contract Type FiledNovember 6th, 2017 Company Industry Jurisdictionaccount designated by the Company), or other form of payment acceptable to the Company for the aggregate Warrant Price for the Shares being purchased.
ContractWarrant Agreement • March 3rd, 2015 • Fitbit Inc • Electronic & other electrical equipment (no computer equip) • California
Contract Type FiledMarch 3rd, 2015 Company Industry JurisdictionTHIS 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.
Flextronics Manufacturing Services AgreementManufacturing Agreement • April 8th, 2015 • Fitbit Inc • Electronic computers • California
Contract Type FiledApril 8th, 2015 Company Industry JurisdictionThis Flextronics Manufacturing Services Agreement (“Agreement”) is entered into this 19th day of March, 2015 (the “Effective Date”) by and between, on the one hand Fitbit International Limited, a company organized under the laws of Ireland, with an address of 70 Sir John Rogerson’s Quay, Dublin 2, Ireland (“Customer”) and for purposes of Section 1.3 only, Fitbit, Inc., a company organized under the laws of the State of Delaware, with an address of 405 Howard Street, Suite 550, San Francisco, California 94105 (“Fitbit”), and, on the other hand, Flextronics Sales & Marketing (A-P) Ltd., a company organized under the laws of Mauritius, having an address of Suite 802, St. James Court, St. Denis Street, Port Louis, Mauritius (“Flextronics”).
FIRST AMENDMENT TO OFFICE SUBLEASEOffice Sublease • August 6th, 2018 • Fitbit Inc • Electronic computers
Contract Type FiledAugust 6th, 2018 Company IndustryTHIS FIRST AMENDMENT TO OFFICE SUBLEASE (this “Amendment”) is entered into as of May 30, 2018 (the “Amendment Effective Date”), by and between CHARLES SCHWAB & CO., INC., a California corporation (“Sublandlord”), and FITBIT, INC., a Delaware corporation (“Subtenant”), with reference to the following facts:
RETENTION AGREEMENTRetention Agreement • June 6th, 2018 • Fitbit Inc • Electronic computers • California
Contract Type FiledJune 6th, 2018 Company Industry JurisdictionThis Retention Agreement (the “Agreement”) is entered into as of June 15, 2015 (the “Effective Date”) by and between Ron Kisling (the “Executive”) and Fitbit, Inc., a Delaware corporation (the “Company”).
Flextronics Manufacturing Services AgreementManufacturing Agreements • May 21st, 2015 • Fitbit Inc • Electronic computers • California
Contract Type FiledMay 21st, 2015 Company Industry JurisdictionThis Flextronics Manufacturing Services Agreement (“Agreement”) is entered into this 19th day of March, 2015 (the “Effective Date”) by and between, on the one hand Fitbit International Limited, a company organized under the laws of Ireland, with an address of 70 Sir John Rogerson’s Quay, Dublin 2, Ireland (“Customer”) and for purposes of Section 1.3 only, Fitbit, Inc., a company organized under the laws of the State of Delaware, with an address of 405 Howard Street, Suite 550, San Francisco, California 94105 (“Fitbit”), and, on the other hand, Flextronics Sales & Marketing (A-P) Ltd., a company organized under the laws of Mauritius, having an address of Suite 802, St. James Court, St. Denis Street, Port Louis, Mauritius (“Flextronics”).
OFFICE LEASE BY AND BETWEEN 405 HOWARD, LLC AND FITBIT, INC. Date: September 30, 2013Office Lease • May 7th, 2015 • Fitbit Inc • Electronic computers • California
Contract Type FiledMay 7th, 2015 Company Industry Jurisdiction
Fitbit Confidential March 31, 2017 Edward Scal 2969 Lake Street San Francisco, CA 94121 Re: Terms of Separation Dear Woody: This letter confirms the agreement (“Agreement”) between you and Fitbit, Inc. (the “Company”) concerning the terms of your...Separation Agreement • May 4th, 2017 • Fitbit Inc • Electronic computers • California
Contract Type FiledMay 4th, 2017 Company Industry Jurisdiction
RETENTION AGREEMENTRetention Agreement • May 21st, 2015 • Fitbit Inc • Electronic computers • California
Contract Type FiledMay 21st, 2015 Company Industry JurisdictionThis Retention Agreement (the “Agreement”) is entered into as of , 2015 (the “Effective Date”) by and between (the “Executive”) and FitBit, Inc., a Delaware corporation (the “Company”).
OFFICE LEASEOffice Lease • August 7th, 2015 • Fitbit Inc • Electronic computers
Contract Type FiledAugust 7th, 2015 Company Industry
FITBIT, INC. THIRD AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT June 6, 2013Investors’ Rights Agreement • May 7th, 2015 • Fitbit Inc • Electronic computers • Delaware
Contract Type FiledMay 7th, 2015 Company Industry JurisdictionTHIS THIRD AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (the “Agreement”) is made as of the 6th day of June, 2013, by and among FITBIT, INC., a Delaware corporation (the “Company”), the investors listed on Schedule A hereto, each of which is herein referred to as an “Investor”, and James Park and Eric Friedman (the “Key Holders”).
ContractConsulting Agreement • June 20th, 2018 • Fitbit Inc • Electronic computers • Delaware
Contract Type FiledJune 20th, 2018 Company Industry Jurisdiction