Standard Contracts
IronPlanet, Inc. Shares of Common Stock Underwriting AgreementUnderwriting Agreement • May 28th, 2010 • IronPlanet Inc. • Services-business services, nec • New York
IronPlanet, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several Underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of shares of common stock, par value $0.001 per share, of the Company (“Common Stock”), and certain stockholders of the Company named in Schedule 2 hereto (the “Selling Stockholders”) propose severally and not jointly to sell to the several Underwriters an aggregate of shares of Common Stock (collectively, the “Underwritten Shares”). Except as otherwise specifically provided in Sections 4, 8, and 9 hereunder, the term “Selling Stockholders” includes those stockholders named Management Selling Stockholders in Schedule 2 hereto (the “Management Selling Stockholders”). In addition, the Selling Stockholders propose to sell, at the option of the Underwriters, up to an additional shares of Common Stock (collectively, the “Option Shares”). The Underwrit
IRONPLANET, INC. February 11, 2010Employment Agreement • March 18th, 2010 • IronPlanet Inc. • California
On behalf of IronPlanet, Inc., a Delaware corporation (the “Company”), I am pleased to continue your employment with the Company on the terms and conditions set forth in this agreement (the “Agreement”):
AGREEMENTAgreement • August 10th, 2010 • IronPlanet Inc. • Services-business services, nec • California
This Agreement, dated January 1, 2010, is between IronPlanet, Inc., a Delaware corporation with its principal place of business at 4695 Chabot Drive, Suite 102, Pleasanton, California 94588 (“IronPlanet”), Caterpillar Financial Services Corporation, a Delaware corporation with its principal place of business at 2120 West End Avenue, Nashville, Tennessee 37203 and its wholly-owned subsidiaries (“CFSC”), and Caterpillar Used Equipment Services Inc., a Delaware corporation with its principal place of business at 2120 West End Avenue, Nashville, Tennessee 37203 (“CUESI”). CFSC and CUESI are collectively referred to herein as “Cat Financial”.
VIA FEDERAL EXPRESS June 14, 2002 Carol Parrella Chief Financial Officer IronPlanet.com, Inc. 4695 Chabot Drive, Suite 200 Pleasanton, CA 94588Warrant Agreement • March 18th, 2010 • IronPlanet Inc. • California
Re: Series A Preferred Warrant Agreement dated April 19, 2000 (“Warrant Agreement”) issued in conjunction with the Master Lease Agreement dated April 19, 2000, Equipment Schedule Nos. VL-1 and VL-2 dated as of April 19, 2000 by and between Comdisco, Inc. (“Warrantholder”) and lronPlanet.com, Inc. (“Company”)
IRONPLANET, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • March 18th, 2010 • IronPlanet Inc. • Delaware
This Indemnification Agreement (this “Agreement”) is made as of , by and between IronPlanet, Inc., a Delaware corporation (the “Company”), and (“Indemnitee”).
IRONPLANET, INC.Board Observer Rights Agreement • May 4th, 2010 • IronPlanet Inc. • Services-business services, nec
This letter will confirm our agreement with you in connection with your equity interest in IronPlanet, Inc., a Delaware corporation (the “Company”), and effective as of March 15, 2010, Komatsu America Corp. (the “Investor”) will be entitled to the following board observer rights.
FCC Equipment Financing Master Wholesale Loan and Security Agreement For use in all Uniform Commercial Code StatesMaster Wholesale Loan and Security Agreement • June 22nd, 2011 • IronPlanet Inc. • Services-business services, nec • California
This Master Loan and Security Agreement (this “Agreement”), dated as of January 11, 2011, is entered into by and between Ironplanet, Inc., a Delaware corporation (“Debtor”), and FCC Equipment Financing, a Delaware corporation (“Secured Party”).
Effective Date: [Seller Name] [Seller Title] [Company Name] [Company Address] Re: Preferred Provider Agreement with IronPlanet for Auction Services Dear Mr./Ms. [Seller Name],Preferred Provider Agreement • May 4th, 2010 • IronPlanet Inc. • Services-business services, nec
This letter represents IronPlanet, Inc.’s proposal to be designated a preferred provider of auction services by [Company Name] (“Seller”). IronPlanet will provide our market leading on-line equipment auction services to [Company Name] on a commission rate structure that is a discount to our normal rates. Our auction services will be available to any [Company Name] operation or location throughout North America under the terms of this agreement.
IRONPLANET.COM, INC. THIRD AMENDED AND RESTATED VOTING AGREEMENTVoting Agreement • May 4th, 2010 • IronPlanet Inc. • Services-business services, nec • California
This Third Amended and Restated Voting Agreement (the “Agreement”) is made as of the 27th day of September 2000, by and among IronPlanet.com, Inc., a Delaware corporation (the “Company”), Reza Bundy Saadlou (the “Founder”), the holders of Common Stock listed on Exhibit A (collectively, the “Common Holders” and individually, the “Common Holder”), and the holders of shares of Preferred Stock listed on Exhibit B (collectively, the “Investors” and individually, the “Investor”).
AGREEMENTAgreement • June 22nd, 2011 • IronPlanet Inc. • Services-business services, nec • California
This Agreement, dated January 1, 2010, is between IronPlanet, Inc., a Delaware corporation with its principal place of business at 4695 Chabot Drive, Suite 102, Pleasanton, California 94588 (“IronPlanet”), Caterpillar Financial Services Corporation, a Delaware corporation with its principal place of business at 2120 West End Avenue, Nashville, Tennessee 37203 and its wholly-owned subsidiaries (“CFSC”), and Caterpillar Used Equipment Services Inc., a Delaware corporation with its principal place of business at 2120 West End Avenue, Nashville, Tennessee 37203 (“CUESI”). CFSC and CUESI are collectively referred to herein as “Cat Financial”.
PREFERRED PROVIDER AUCTION PROPOSAL PROPOSAL #40317Preferred Provider Auction Proposal • August 10th, 2010 • IronPlanet Inc. • Services-business services, nec
PREFERRED PROVIDER AUCTION PROPOSAL PROPOSAL #40317Preferred Provider Auction Proposal • June 22nd, 2011 • IronPlanet Inc. • Services-business services, nec
IRONPLANET.COM, INC. AMENDMENT TO THIRD AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • March 18th, 2010 • IronPlanet Inc. • California
This Amendment (the “Amendment”) to the Third Amended and Restated Investors’ Rights Agreement dated August 28, 2008 (the “Rights Agreement”) is made and entered into as of June 30, 2009 by and among IronPlanet.com, Inc., a Delaware corporation (the “Company”) and Empire Southwest, LLC (“Empire”). All terms not defined herein shall have the meaning given to them in the Rights Agreement.
IRONPLANET.COM, INC. AMENDMENT TO THIRD AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • March 18th, 2010 • IronPlanet Inc. • California
This Amendment (the “Amendment”) to the Third Amended and Restated Investors’ Rights Agreement dated August 28, 2008 (the “Rights Agreement”) is made and entered into as of August 29, 2008 by and among IronPlanet.com, Inc., a Delaware corporation (the “Company”) and Australian Capital Equity (USA), Inc. (“ACE USA”). All terms not defined herein shall have the meaning given to them in the Rights Agreement.
LOAN AGREEMENTLoan Agreement • July 20th, 2011 • IronPlanet Inc. • Services-business services, nec • Texas
THIS LOAN AGREEMENT (this “Agreement”) is executed and entered into as of December 15, 2010, by and between IRONPLANET, INC., a Delaware corporation (“Lender”), and XTREME IRON, LLC, a Delaware limited liability company (“Borrower”).
IRONPLANET.COM, INC. THIRD AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT August 28, 2008Investors’ Rights Agreement • March 18th, 2010 • IronPlanet Inc. • California
This Third Amended and Restated Investors’ Rights Agreement (the “Agreement”) is made as of the 28th day of August, 2008, by and among IronPlanet.com, Inc., a Delaware corporation (the “Company”), the holders of the Company’s Series A Preferred Stock set forth on Exhibit A attached hereto (the “Series A Holders”), the holders of the Company’s Series B Preferred Stock set forth on Exhibit A attached hereto (the “Series B Holders”) and the holders of the Company’s Series C Preferred Stock listed on Exhibit A attached hereto (the “Series C Holders” and together with the Series A Holders and Series B Holders, the “Investors”), and Reza Bundy Saadlou, herein referred to as the “Founder.”
