Shares DOMO, INC. CLASS B COMMON STOCK (PAR VALUE $0.001 PER SHARE) UNDERWRITING AGREEMENTUnderwriting Agreement • June 18th, 2018 • Domo, Inc. • Services-prepackaged software • New York
The undersigned understands that Morgan Stanley & Co. LLC (“Morgan Stanley”) proposes to enter into an Underwriting Agreement (the “Underwriting Agreement”) with Domo, Inc., a Delaware corporation (the “Company”), providing for the public offering (the “Public Offering”) by the several Underwriters, including Morgan Stanley (the “Underwriters”), of shares (the “Shares”) of the Class B common stock, $0.001 par value per share, of the Company (together with the Class A common stock, $0.001 par value per share, of the Company, the “Common Stock”).
DOMO, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • June 18th, 2018 • Domo, Inc. • Services-prepackaged software • Delaware
This Indemnification Agreement (this “Agreement”) is dated as of [insert date], and is between Domo, Inc., a Delaware corporation (the “Company”), and [insert name of indemnitee] (“Indemnitee”).
DOMO, INC. CHANGE IN CONTROL AND SEVERANCE AGREEMENTChange in Control and Severance Agreement • June 18th, 2018 • Domo, Inc. • Services-prepackaged software • Utah
This Change in Control and Severance Agreement (the “Agreement”) is made between Domo, Inc. (the “Company”) and [______] (the “Executive”), effective as of _________________, 2018 (the “Effective Date”).
ContractDomo, Inc. • June 1st, 2018 • Services-prepackaged software • Delaware
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 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 LAWS OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
ContractDomo, Inc. • June 1st, 2018 • Services-prepackaged software • 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 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 LAWS OR IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 1st, 2018 • Domo, Inc. • Services-prepackaged software • California
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of December 5, 2017 (the “Effective Date”), is entered into between Domo, Inc., a Delaware corporation (“Borrower” or “Parent”), each Lender (as defined in Section 14), Wilmington Trust, National Association, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), and Obsidian Agency Services, Inc., a California corporation, as collateral agent for the Lenders (in such capacity, the “Collateral Agent”), and provides the terms on which Lenders shall lend to Borrower and Borrower shall repay Lenders.
American Fork, UT 84003 Re: Confirmatory Employment Letter Dear Josh:Letter Agreement • May 14th, 2019 • Domo, Inc. • Services-prepackaged software
This letter agreement (the “Agreement”) is entered into between Joshua G. James (“you”) and Domo, Inc. (the “Company” or “we”), effective as of June 17, 2018 (the “Effective Date”), to confirm the terms and conditions of your employment with the Company as of the Effective Date. This Agreement supersedes and replaces any and all employment terms, compensation, or benefits you may have had or to which you may have been entitled prior to the Effective Date.
DOMO, INC.Equity Incentive Plan • June 1st, 2018 • Domo, Inc. • Services-prepackaged software • Delaware
Unless otherwise defined herein, the terms defined in the 2011 Equity Incentive Plan (the “Plan”) shall have the same defined meanings in this Stock Option Agreement (the “Option Agreement”).
Bruce C. Felt c/o Domo, Inc. American Fork, UT 84003 Re: Confirmatory Employment LetterLetter Agreement • May 14th, 2019 • Domo, Inc. • Services-prepackaged software
This letter agreement (the “Agreement”) is entered into between Bruce C. Felt (“you”) and Domo, Inc. (the “Company” or “we”), effective as of June 15, 2018 (the “Effective Date”), to confirm the terms and conditions of your employment with the Company as of the Effective Date. This Agreement supersedes and replaces any and all employment terms, compensation, or benefits you may have had or to which you may have been entitled prior to the Effective Date.
FIRST AMENDMENT TO WARRANT TO PURCHASE STOCKWarrant to Purchase Stock • June 1st, 2018 • Domo, Inc. • Services-prepackaged software
This First Amendment to Warrant to Purchase Stock (“Amendment”) is entered into as of April 17, 2018, by and between Domo, Inc., a Delaware corporation (the “Company”) and __________________ (“Holder”).
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT AND PLEDGE AGREEMENTLoan and Security Agreement and Pledge Agreement • June 1st, 2018 • Domo, Inc. • Services-prepackaged software
THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT AND PLEDGE AGREEMENT (this “Amendment”) dated as of April 17, 2018 (the “Effective Date”) is entered into among Domo, Inc., a Delaware corporation (“Parent”), and Domo, Inc., a Utah corporation (together with Parent, collectively, “Borrower”), each Lender (as defined in Section 14 of the Agreement (as defined below)), Obsidian Agency Services, Inc., a California corporation, in its capacity as collateral agent (the “Collateral Agent”) for Lenders, and Wilmington Trust, National Association, as administrative agent for the Lenders (in such capacity, the “Administrative Agent” and together with Collateral Agent, the “Agents” and individually, an “Agent”).
NON-EXCLUSIVE AIRCRAFT DRY LEASE AGREEMENTNon-Exclusive Aircraft Dry Lease Agreement • June 1st, 2018 • Domo, Inc. • Services-prepackaged software • Utah
This AIRCRAFT DRY LEASE AGREEMENT (this “Agreement”) is made and entered into and effective this 15th day of October, 2015 (the “Effective Date”), by and between JJ Spud LLC, a Utah limited liability company (“Lessor”), and Domo, Inc., a Utah corporation (“Lessee”),
AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENT April 13, 2017Investor Rights Agreement • June 1st, 2018 • Domo, Inc. • Services-prepackaged software • Delaware
This Amended and Restated Investor Rights Agreement (this “Agreement”) is made as of April 13, 2017, by and among Domo, Inc., a Delaware corporation (the “Company”), Joshua G. James (the “Founder”), the individuals and entities set forth on Exhibit A hereto (each, an “Investor”, and collectively, the “Investors”) and holders of the Company’s Class B Common Stock (the “Stockholders”) set forth on Exhibit B hereto. Unless otherwise defined herein, capitalized terms used in this Agreement have the meanings ascribed to them in Section 1.
Re: Separation and Transition Agreement Dear Josh:Domo, Inc. • March 1st, 2022 • Services-prepackaged software • Delaware
This letter confirms the agreement (“Agreement”) between you and Domo, Inc. (the “Company”) concerning the terms of your employment separation and transition from the Company.
THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • January 7th, 2019 • Domo, Inc. • Services-prepackaged software
THIS THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) dated as of January 4, 2019 (the “Amendment Date”) is entered into among Domo, Inc., a Delaware corporation (“Parent”), and Domo, Inc., a Utah corporation (together with Parent, collectively, “Borrower”), each Lender (as defined in Section 14 of the Agreement (as defined below)), Obsidian Agency Services, Inc., a California corporation, in its capacity as collateral agent (the “Collateral Agent”) for Lenders, and Wilmington Trust, National Association, as administrative agent for the Lenders (in such capacity, the “Administrative Agent” and together with Collateral Agent, the “Agents” and individually, an “Agent”).
Domo, Inc. American Fork, UT 84003Domo, Inc. • March 1st, 2022 • Services-prepackaged software • Delaware
This letter (this “Agreement”) constitutes the agreement between Domo, Inc. (“Company”) and you. Company and you are collectively referred to as the “Parties.”
January 30, 2023 Daren Thayne c/o Domo, Inc. American Fork, UT 84003 Re: Confirmatory Employment Letter Dear Mr. Thayne:Letter Agreement • February 1st, 2023 • Domo, Inc. • Services-prepackaged software
This letter agreement (the “Agreement”) is entered into between Daren Thayne (“you”) and Domo, Inc. (the “Company” or “we”), effective as of January 30, 2023 (the “Effective Date”), to confirm the terms and conditions of your employment with the Company as of the Effective Date. This Agreement supersedes and replaces any and all employment terms, compensation, or benefits you may have had or to which you may have been entitled prior to the Effective Date.
December 8, 2022 Bruce Felt VIA EMAIL Re: Transition Agreement Dear Bruce:Transition Agreement • December 8th, 2022 • Domo, Inc. • Services-prepackaged software • Delaware
This letter confirms the agreement (“Agreement”) between you and Domo, Inc. (the “Company”) concerning the terms of your employment separation and transition from the Company.
March 29, 2023 John Mellor VIA EMAIL Re: Separation Agreement Dear John:Domo, Inc. • March 31st, 2023 • Services-prepackaged software • Utah
This letter sets forth the terms of your separation agreement (“Agreement”) with Domo, Inc. (the “Company”). You and the Company may also be referred to individually as a “Party” or collectively as the “Parties.”
ContractDomo, Inc. • January 7th, 2019 • Services-prepackaged software
THE OFFER AND SALE OF THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE ACT, OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AND PURSUANT TO THE PROVISIONS OF SECTION 6 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 REASONABLY SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.
AGREEMENT TO FILE JOINTLY AND STATEMENT APPOINTING DESIGNATED FILER AND AUTHORIZED SIGNATORYDomo, Inc. • June 28th, 2018 • Services-prepackaged software
Each of the undersigned entities and individuals (collectively, the “Reporting Persons”) hereby authorizes and designates Benchmark Capital Management Co. VII, L.L.C. or such other person or entity as is designated in writing by Steven M. Spurlock (the “Designated Filer”) as the beneficial owner to prepare and file on behalf of such Reporting Person individually, or jointly together with the other Reporting Persons, any and all reports, notices, communications and other documents (including, but not limited to, reports on Schedule 13D, Schedule 13G, Form 3, Form 4 and Form 5) that such Reporting Person may be required to file with the United States Securities and Exchange Commission pursuant to the Securities Act of 1933, as amended (together with the implementing regulations thereto, the “Act”), the Securities Exchange Act of 1934, as amended (together with the implementing regulations thereto, the “Exchange Act”) or any other state or federal agency (collectively, the “Reports”) with
OMNIBUS AMENDMENT AND RESTATEMENTLoan and Security Agreement • September 5th, 2023 • Domo, Inc. • Services-prepackaged software • New York
This OMNIBUS AMENDMENT AND RESTATEMENT, dated as of August 8, 2023 (this “Amendment”), is entered into by and among Domo, Inc., a Delaware corporation (“Parent” and, in such capacity, “Borrower”), Domo, Inc., a Utah corporation (“Domo Utah” and, in such capacity, “Co-Borrower”), the Lenders (as defined below) and Obsidian Agency Services, Inc., a California corporation, as collateral agent (in such capacity, the “Collateral Agent”), Wilmington Trust, National Association, as administrative agent for the Lenders (in such capacity, including any successor thereto, the “Administrative Agent” and together with the Collateral Agent, the “Agents” and, individually, an “Agent”).
FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 10th, 2020 • Domo, Inc. • Services-prepackaged software
THIS FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) dated as of August 7, 2020 (the “Amendment Date”) is entered into among Domo, Inc., a Delaware corporation (“Parent”), Domo, Inc., a Utah corporation (together with Parent, collectively, “Borrower”), each Lender (as defined in Section 14 of the Agreement (as defined below)), Obsidian Agency Services, Inc., a California corporation, in its capacity as collateral agent (the “Collateral Agent”) for the Lenders, and Wilmington Trust, National Association, as administrative agent for the Lenders (in such capacity, the “Administrative Agent” and together with Collateral Agent, the “Agents” and individually, an “Agent”).
DOMO, INC. REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 1st, 2022 • Domo, Inc. • Services-prepackaged software • Delaware
This Registration Rights Agreement (this “Agreement”) is made as of March 1, 2022, by and between Domo, Inc., a Delaware corporation (the “Company”) and Joshua G. James (the “Stockholder”). Unless otherwise defined herein, capitalized terms used in this Agreement have the meanings ascribed to them in Section 1.
January 9, 2023 Catherine Wong VIA EMAIL Re: Separation and Transition Agreement Dear Catherine:Domo, Inc. • January 10th, 2023 • Services-prepackaged software • Utah
This letter confirms the agreement (“Agreement”) between you and Domo, Inc. (the “Company”) concerning the terms of your employment separation and transition from the Company.
CERTAIN CONFIDENTIAL INFORMATION, MARKED BY [***], HAS BEEN EXCLUDED FROM THIS EXHIBIT BECAUSE (I) IT IS NOT MATERIAL AND (II) THE REGISTRANT CUSTOMARILY AND ACTUALLY TREATS THE INFORMATION AS PRIVATE AND CONFIDENTIAL. FIRST AMENDMENT TO AMENDED AND...Loan and Security Agreement • June 7th, 2024 • Domo, Inc. • Services-prepackaged software • New York
This FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT, dated as of February 17, 2024 (this “Amendment”), is entered into by and among Domo, Inc., a Delaware corporation (“Parent” and, in such capacity, “Borrower”), Domo, Inc., a Utah corporation (“Domo Utah” and, in such capacity, “Co-Borrower”), the Lenders (as defined below), Obsidian Agency Services, Inc., a California corporation, as collateral agent for the Lenders (in such capacity, the “Collateral Agent”) and Wilmington Trust, National Association, as administrative agent for the Lenders (in such capacity, including any successor thereto, the “Administrative Agent” and together with the Collateral Agent, the “Agents” and, individually, an “Agent”).
