TINTRI, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • June 1st, 2017 • Tintri, Inc. • Services-computer processing & data preparation • Delaware
This Indemnification Agreement (this “Agreement”) is dated as of [______], 2017, and is between Tintri, Inc., a Delaware corporation (the “Company”), and [insert name of indemnitee] (“Indemnitee”).
Shares TINTRI, INC. COMMON STOCK (PAR VALUE $0.00005 PER SHARE) UNDERWRITING AGREEMENTUnderwriting Agreement • June 16th, 2017 • Tintri, Inc. • Services-computer processing & data preparation • New York
This letter is being delivered to you in connection with the offering by Tintri, Inc. (the “Company”) of shares of common stock, $0.00005 par value (the “Common Stock”), of the Company and the lock-up letter dated , 2017 (the “Lock-up Letter”), executed by you in connection with such offering, and your request for a [waiver] [release] dated , 20 , with respect to shares of Common Stock (the “Shares”).
AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 2nd, 2018 • Tintri, Inc. • Services-computer processing & data preparation • Delaware
THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of April 30, 2018 (the “Effective Date”) between SILICON VALLEY BANK, a California corporation (“Bank”), and TINTRI, INC., a Delaware corporation (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
ContractWarrant Agreement • June 1st, 2017 • Tintri, Inc. • Services-computer processing & data preparation • Delaware
THIS WARRANT AND THE UNDERLYING SECURITIES HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR UNDER THE SECURITIES LAWS OF ANY STATE. THESE SECURITIES MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED EXCEPT AS PERMITTED UNDER THE ACT AND APPLICABLE STATE SECURITIES LAWS IN ACCORDANCE WITH APPLICABLE REGISTRATION REQUIREMENTS OR AN EXEMPTION THEREFROM. THE ISSUER OF THESE SECURITIES MAY REQUIRE AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO THE ISSUER THAT SUCH OFFER, SALE, TRANSFER, PLEDGE OR HYPOTHECATION OTHERWISE COMPLIES WITH THE ACT AND ANY APPLICABLE STATE SECURITIES LAWS. THIS WARRANT MUST BE SURRENDERED TO THE COMPANY OR ITS TRANSFER AGENT AS A CONDITION PRECEDENT TO THE SALE, TRANSFER, PLEDGE OR HYPOTHECATION OF ANY INTEREST IN ANY OF THE SECURITIES REPRESENTED HEREBY.
ContractWarrant Agreement • June 1st, 2017 • Tintri, Inc. • Services-computer processing & data preparation • California
THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 AS AMENDED (the “1933 ACT”), 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 REASONABLY SATISFACTORY TO YOU THAT SUCH REGISTRATION IS NOT REQUIRED UNDER THE 1933 ACT, OR ANY APPLICABLE STATE SECURITIES LAWS.
ContractWarrant Agreement • June 1st, 2017 • Tintri, Inc. • Services-computer processing & data preparation • 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.
PLAIN ENGLISH GROWTH CAPITAL LOAN AND SECURITY AGREEMENTGrowth Capital Loan and Security Agreement • June 27th, 2017 • Tintri, Inc. • Services-computer processing & data preparation • California
This is a PLAIN ENGLISH GROWTH CAPITAL LOAN AND SECURITY AGREEMENT dated as of February 6, 2015 by and between TINTRI, INC. a Delaware corporation, as borrower, and any other Person that executes a Joinder Agreement to become a borrower under this Agreement, and TRIPLEPOINT CAPITAL LLC, a Delaware limited liability company, as lender.
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 29th, 2017 • Tintri, Inc. • Services-computer processing & data preparation • Delaware
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of May 14, 2013 (the “Effective Date”) is between SILICON VALLEY BANK, a California corporation (“Bank”), and TINTRI, INC., a Delaware corporation (“Borrower”), and provides the terms on which Bank shall lend to Borrower, and Borrower shall repay Bank. The parties agree as follows:
TINTRÍ, INC. CEO EMPLOYMENT AGREEMENTCeo Employment Agreement • June 1st, 2017 • Tintri, Inc. • Services-computer processing & data preparation • California
This CEO EMPLOYMENT AGREEMENT (this “Agreement”) is entered into effective as of the last date signed below, (the “Effective Date”) by and between Tintrí, Inc. (the “Company”), and Ken Klein (“Executive”).
LEASE AGREEMENTLease Agreement • June 1st, 2017 • Tintri, Inc. • Services-computer processing & data preparation
THIS LEASE is mutually agreed to and executed in duplicate as of March 28, 2014 by and between Ravendale Partners, LLC, a California Limited Liability Company (hereinafter called “Landlord”), and Tintri, Inc., a Delaware Corporation (hereinafter called “Tenant”).
Flextronics Infrastructure Manufacturing Services AgreementManufacturing Agreement • June 1st, 2017 • Tintri, Inc. • Services-computer processing & data preparation • California
This Flextronics Manufacturing Services Agreement (“Agreement”) is entered into as of the date of the last signature of the parties hereto (the “Effective Date”) by and between Tintri, Inc., a Delaware corporation having its place of business at 303 Ravendale Drive, Mountain View, CA 94043 (“Customer”) and Flextronics Telecom Systems, Ltd., a Mauritius corporation having its place of business at Level 3, Alexander House, 35 Cybercity, Ebene, Mauritius (“Flextronics”).
FOURTH AMENDMENT TO PLAIN ENGLISH GROWTH CAPITAL LOAN AND SECURITY AGREEMENTPlain English Growth Capital Loan and Security Agreement • May 2nd, 2018 • Tintri, Inc. • Services-computer processing & data preparation • California
This is a FOURTH AMENDMENT TO PLAIN ENGLISH GROWTH CAPITAL LOAN AND SECURITY AGREEMENT dated as of April 30, 2018 (the “Amendment”) by and between TINTRI, INC., a Delaware corporation (“Borrower”), and TRIPLEPOINT CAPITAL LLC, a Delaware limited liability company (“Lender”).
TINTRÍ, INC. AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT July 24, 2015Investors’ Rights Agreement • June 1st, 2017 • Tintri, Inc. • Services-computer processing & data preparation • California
This Amended and Restated Investors’ Rights Agreement (this “Agreement”) is made as of July 24, 2015, by and among Tintrí, Inc., a Delaware corporation (the “Company”), the investors listed on Exhibit A attached hereto (each, an “Investor,” and together, the “Investors”) and each of Kieran Harty and Mark Gritter (each, a “Founder,” and together, the “Founders”).
Re: Confirmatory Employment LetterConfirmatory Employment Letter • June 16th, 2017 • Tintri, Inc. • Services-computer processing & data preparation
This letter agreement (this “Agreement”) is entered into between Tintri, Inc. (“Company” or “we”) and Kieran Harty (“you”). This Agreement is effective as of the date you sign it, as indicated on page 3 below. The purpose of this Agreement is to confirm the current terms and conditions of your employment with the Company.
RELEASE OF CLAIMSRelease of Claims • May 18th, 2018 • Tintri, Inc. • Services-computer processing & data preparation • California
This Release of Claims (“Agreement”) is made by and between Tintri, Inc. (“Company”) and Ken Klein (“Executive”) (collectively referred to as the “Parties” or individually referred to as a “Party”).
April 2, 2018Employment Agreement • May 18th, 2018 • Tintri, Inc. • Services-computer processing & data preparation
We are pleased to offer you the position of Chief Executive Officer (“CEO”) of Tintri, Inc. (the “Company”) in which you will perform the duties customarily associated with this position and such other duties as may be assigned by the Company’s Board of Directors (the “Board”). This letter amends and restates the letter agreement signed by you and the Company on March 11, 2018 (the “Original Letter”).
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 18th, 2018 • Tintri, Inc. • Services-computer processing & data preparation • California
THIS WAIVER AND TENTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Agreement”) is entered into this 5 day of March, 2018 by and between SILICON VALLEY BANK, a California corporation (“Bank”), and TINTRI, INC., a Delaware corporation (“Borrower”).
OMNIBUS AMENDMENTOmnibus Amendment • June 1st, 2017 • Tintri, Inc. • Services-computer processing & data preparation • Delaware
THIS OMNIBUS AMENDMENT (this “Amendment”) is given as of June 1, 2017, by Tintrí, Inc., a Delaware corporation (the “Company”), and the undersigned stockholders of the Company.
NOTE PURCHASE AGREEMENTNote Purchase Agreement • June 29th, 2017 • Tintri, Inc. • Services-computer processing & data preparation • California
This Note Purchase Agreement, dated as of May 4, 2017 (this “Agreement”), is entered into by and among Tintri, Inc., a Delaware corporation (the “Company”), and the persons and entities listed on Schedule II hereto (each an “Investor” and, collectively, the “Investors”).
ASSET PURCHASE AGREEMENTAsset Purchase Agreement • July 24th, 2018 • Tintri, Inc. • Services-computer processing & data preparation • Delaware
THIS ASSET PURCHASE AGREEMENT (the “Agreement”) is made and entered into as of July 18, 2018 (the “Execution Date”) by and among (i) DATADIRECT NETWORKS, INC., a Delaware corporation (“Parent”) solely for purposes of Section 13.14 hereof, (ii) TI ACQUISITION CORP. a Delaware corporation and wholly owned subsidiary of Parent (“Purchaser”), and (iii) TINTRI, INC., a Delaware corporation, as Debtor and Debtor-in-Possession (“Seller”) under Case No. 18-11625-KJC ( the “Bankruptcy Case”) in the United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”). Capitalized terms used herein but not otherwise defined shall have the meanings set forth in Section 13.13 of this Agreement.
PLAIN ENGLISH GROWTH CAPITAL LOAN AND SECURITY AGREEMENTGrowth Capital Loan and Security Agreement • April 29th, 2016 • Tintri, Inc. • Services-computer processing & data preparation • California
This is a PLAIN ENGLISH GROWTH CAPITAL LOAN AND SECURITY AGREEMENT dated as of February 6, 2015 by and between TINTRI, INC. a Delaware corporation, as borrower, and any other Person that executes a Joinder Agreement to become a borrower under this Agreement, and TRIPLEPOINT CAPITAL LLC, a Delaware limited liability company, as lender.
