Nimble Storage, Inc. Common Stock, par value $0.001 per share Underwriting AgreementUnderwriting Agreement • December 10th, 2013 • Nimble Storage Inc • Computer storage devices • New York
Nimble Storage, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) 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 $0.001 per share (“Stock”) of the Company. The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Shares”.
INDEMNITY AGREEMENTIndemnity Agreement • December 9th, 2015 • Nimble Storage Inc • Computer storage devices • Delaware
This Indemnity Agreement, dated as of is made by and between Nimble Storage, 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”).
NIMBLE STORAGE, INC. FIRST AMENDMENT TO AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • October 18th, 2013 • Nimble Storage Inc • Computer storage devices • California
This First Amendment to Investor Rights Agreement (this “Amendment”) is made and entered into as of April 19, 2013 by and among Nimble Storage, Inc., a Delaware corporation (the “Company”), and the stockholders of the Company identified on the signature pages hereto (each hereinafter individually referred to as a “Investor” and collectively referred to as the “Investors”). Capitalized terms not herein defined shall have the meanings ascribed to them in the Rights Agreement (as defined below).
AGREEMENT AND PLAN OF MERGER by and among HEWLETT PACKARD ENTERPRISE COMPANY, NEBRASKA MERGER SUB, INC. and NIMBLE STORAGE, INC. dated as of March 6, 2017Merger Agreement • March 7th, 2017 • Nimble Storage Inc • Computer storage devices • Delaware
This AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of March 6, 2017, is entered into by and among Hewlett Packard Enterprise Company, a Delaware corporation (“Parent”), Nebraska Merger Sub, Inc., a Delaware corporation and a wholly owned Subsidiary of Parent (“Merger Sub”), and Nimble Storage, Inc., a Delaware corporation (the “Company”). Each of Parent, Merger Sub and the Company is referred to herein as a “Party” and together as the “Parties”. Capitalized terms used and not otherwise defined in this Agreement (including Annex I) have the meanings set forth in Article X.
TENDER AND SUPPORT AGREEMENTTender and Support Agreement • March 7th, 2017 • Nimble Storage Inc • Computer storage devices • Delaware
This TENDER AND SUPPORT AGREEMENT (this “Agreement”), dated as of March 6, 2017, is entered into by and among Hewlett Packard Enterprise Company, a Delaware corporation (“Parent”), Nebraska Merger Sub, Inc. a Delaware corporation and wholly owned subsidiary of Parent (“Merger Sub”), and each of the persons set forth on Schedule A hereto (each, a “Stockholder”). All terms used but not otherwise defined in this Agreement shall have the respective meanings ascribed to such terms in the Merger Agreement (as defined below).
NIMBLE STORAGE, INC.Cfo Employment Agreement • October 18th, 2013 • Nimble Storage Inc • Computer storage devices
On behalf of the Board of Directors (the “Board”) of Nimble Storage, Inc. (the “Company”), I am pleased to offer you employment at the Company on the terms set forth in this offer letter agreement (the “Agreement”). Your start date will be November 14, 2011, or another mutually agreeable date.
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 31st, 2016 • Nimble Storage Inc • Computer storage devices
This Second Amendment to Credit Agreement (this “Amendment”) is entered into as of June 17, 2014, by and between WELLS FARGO BANK, NATIONAL ASSOCIATION (“Bank”) and NIMBLE STORAGE, INC., a Delaware corporation (“Borrower”).
FIFTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 31st, 2016 • Nimble Storage Inc • Computer storage devices
This Fifth Amendment to Credit Agreement (this “Amendment”) is entered into as of December 9, 2015, by and between WELLS FARGO BANK, NATIONAL ASSOCIATION (“Bank”) and NIMBLE STORAGE, INC., a Delaware corporation (“Borrower”).
Nimble Storage, Inc. San Jose, CA 95134 December 28, 2010 Suresh Vasudevan [Address]Ceo Employment Agreement • August 19th, 2013 • Nimble Storage Inc • Computer storage devices
On behalf of the Board of Directors (the “Board”) of Nimble Storage, Inc. (the “Company”), I am pleased to offer you employment at the Company on the terms set forth in this offer letter agreement (the “Agreement”). This Agreement remains subject to review and approval by the Board and its Compensation Committee, and it will not be binding unless and until fully approved thereby. Your start date will be February 28, 2011, or another mutually agreeable date.
SECURITY AGREEMENTSecurity Agreement • October 18th, 2013 • Nimble Storage Inc • Computer storage devices • California
SIXTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • September 9th, 2016 • Nimble Storage Inc • Computer storage devices
This Sixth Amendment to Credit Agreement (this “Amendment”) is entered into as of July 29, 2016, by and between WELLS FARGO BANK, NATIONAL ASSOCIATION (“Bank”) and NIMBLE STORAGE, INC., a Delaware corporation (“Borrower”).
MUTUAL NONDISCLOSURE AGREEMENTMutual Nondisclosure Agreement • March 17th, 2017 • Nimble Storage Inc • Computer storage devices • Delaware
This MUTUAL NONDISCLOSURE AGREEMENT (this “Agreement”) is made as of November 17, 2016, by and between Nimble Storage, Inc. a corporation organized under the laws of Delaware (the “Company”), and Hewlett Packard Enterprise Company, a Delaware corporation (“HPE”).
FIRST AMENDMENT TO TRIPLE-NET LEASETriple-Net Lease • June 8th, 2016 • Nimble Storage Inc • Computer storage devices
THIS FIRST AMENDMENT TO TRIPLE-NET LEASE (this “Amendment”) is entered into effective as of the 19th day of February, 2016 (the “Effective Date”), between ARC NSSNJCA001, LLC, a Delaware limited liability company, whose address is 106 York Road Jenkintown, Pennsylvania 19046 (“Landlord”) and NIMBLE STORAGE, INC., a Delaware corporation, whose address is 211 River Oaks Parkway, San Jose, California 95134 (“Tenant”).
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 31st, 2016 • Nimble Storage Inc • Computer storage devices
This First Amendment to Credit Agreement (this “Amendment”) is entered into as of April 23, 2014, by and between WELLS FARGO BANK, NATIONAL ASSOCIATION (“Bank”) and NIMBLE STORAGE, INC., a Delaware corporation (“Borrower”).
FOURTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • June 8th, 2015 • Nimble Storage Inc • Computer storage devices
This Fourth Amendment to Credit Agreement (this “Amendment”) is entered into as of April 6, 2015, by and between WELLS FARGO BANK, NATIONAL ASSOCIATION (“Bank”) and NIMBLE STORAGE, INC., a Delaware corporation (“Borrower”).
THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • December 12th, 2014 • Nimble Storage Inc • Computer storage devices • California
This Third Amendment to Credit Agreement (this “Amendment”) is entered into as of September 19, 2014, by and between WELLS FARGO BANK, NATIONAL ASSOCIATION (“Bank”) and NIMBLE STORAGE, INC., a Delaware corporation (“Borrower”).
Nimble Storage, Inc. Equity FAQsMerger Agreement • March 10th, 2017 • Nimble Storage Inc • Computer storage devices
Hewlett Packard Enterprise Company (“HPE”) and Nimble Storage, Inc. (“Nimble”) have entered into an agreement and plan of merger dated March 6, 2017 (the “merger agreement”). Pursuant to the terms and conditions in the merger agreement, HPE will acquire Nimble through a two-step process, the first step of which is called a “tender offer”, which is an offer by HPE directly to Nimble’s stockholders to acquire all outstanding shares of Nimble common stock for $12.50 per share. If the tender offer is successfully completed, the second step of the process is the merger of a subsidiary of HPE with and into Nimble after which Nimble will be a wholly owned subsidiary of HPE. The second step merger will occur immediately following the completion of the tender offer and in this merger, all remaining Nimble shares will be acquired by HPE for the same $12.50 per share price.
CHANGE IN CONTROL SEVERANCE AGREEMENTChange in Control Severance Agreement • March 17th, 2017 • Nimble Storage Inc • Computer storage devices • California
This Change in Control Severance Agreement is entered into as of , 201 (the “Effective Date”) by and between (the “Executive”) and NIMBLE STORAGE, INC., a Delaware corporation (the “Company”).
ContractAcquisition Agreement • March 7th, 2017 • Nimble Storage Inc • Computer storage devices
Nimble Storage Signs Agreement to Be Acquired by Hewlett Packard Enterprise Company, to accelerate the global adoption of Nimble Storage’s Innovative Predictive Analytics and leading next-generation flash storage platform
SEVENTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 24th, 2017 • Nimble Storage Inc • Computer storage devices
This Seventh Amendment to Credit Agreement (this “Amendment”) is entered into as of November 3, 2016, by and between WELLS FARGO BANK, NATIONAL ASSOCIATION (“Bank”) and NIMBLE STORAGE, INC., a Delaware corporation (“Borrower”).
CREDIT AGREEMENTCredit Agreement • October 18th, 2013 • Nimble Storage Inc • Computer storage devices • California
THIS CREDIT AGREEMENT (this “Agreement”) is entered into as of October 1, 2013 (the “Closing Date”), by and between NIMBLE STORAGE, INC., a Delaware corporation (“Borrower”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (“Bank”).
