CREDIT AGREEMENT dated as of September 30, 2013, among A10 NETWORKS, INC., as Borrower, THE LENDERS PARTY HERETO and ROYAL BANK OF CANADA, as Administrative Agent RBC CAPITAL MARKETS* and and MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED as Joint...Credit Agreement • March 10th, 2014 • A10 Networks, Inc. • Computer communications equipment • New York
CREDIT AGREEMENT dated as of September 30, 2013 (this “Agreement”), among A10 NETWORKS, INC., a California corporation (the “Borrower”), the LENDERS party hereto, ROYAL BANK OF CANADA as an Issuing Bank, and ROYAL BANK OF CANADA, as Administrative Agent.
Shares A10 NETWORKS, INC. COMMON STOCK $ PAR VALUE PER SHARE UNDERWRITING AGREEMENTUnderwriting Agreement • March 10th, 2014 • A10 Networks, Inc. • Computer communications equipment • New York
The undersigned understands that Morgan Stanley & Co. LLC (“Morgan Stanley”), Merrill Lynch, Pierce Fenner & Smith Incorporated (“Merrill”), J.P. Morgan Securities LLC (“J.P. Morgan”) and RBC Capital Markets, LLC (“RBC Capital”) propose to enter into an Underwriting Agreement (the “Underwriting Agreement”) with A10 Networks, Inc., a California corporation together with any successor entities (the “Company”), and certain selling stockholders of the Company named in the Underwriting Agreement, if any, providing for the public offering (the “Public Offering”) by the several Underwriters, including Morgan Stanley, Merrill, J.P. Morgan and RBC Capital (the “Underwriters”), of shares (the “Shares”) of the common stock of the Company (the “Common Stock”).
A10 NETWORKS, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • March 10th, 2014 • A10 Networks, Inc. • Computer communications equipment • Delaware
This Indemnification Agreement (this “Agreement”) is dated as of [ , 20 ] (the “Effective Date”), and is between A10 Networks, Inc., a Delaware corporation (the “Company”), and [insert name of indemnitee] (“Indemnitee”).
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 3rd, 2016 • A10 Networks, Inc. • Computer communications equipment • Delaware
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of November 1, 2016 (the “Effective Date”) between SILICON VALLEY BANK, a California banking corporation (“Bank”), and A10 NETWORKS, 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:
SEVENTH AMENDMENT TO RESELLER AGREEMENTReseller Agreement • February 18th, 2014 • A10 Networks, Inc. • Computer communications equipment • California
This Seventh Amendment (the “Seventh Amendment”), dated as of April 9, 2013, is made in respect of that certain Reseller Agreement between A10 Networks, Inc. (“A10 Networks”) and NEC Corporation (“NEC” or “Reseller”) dated April 2, 2009 (the “Agreement”). Capitalized terms used herein but not otherwise defined shall have the meanings assigned to them in the Agreement.
RESTRICTED STOCK UNIT AGREEMENTRestricted Stock Unit Agreement • November 19th, 2015 • A10 Networks, Inc. • Computer communications equipment • California
Unless otherwise defined herein, the terms defined in the A10 Networks, Inc. 2014 Equity Incentive Plan (the “Plan”) will have the same defined meanings in this Restricted Stock Unit Agreement (the “Award Agreement”), which includes the Notice of Restricted Stock Unit Grant (the “Notice of Grant”), the Terms and Conditions of Restricted Stock Unit Grant attached hereto as Exhibit A (the “Restricted Stock Unit Terms”) and the Appendix to Restricted Stock Unit Agreement attached hereto as Exhibit B (the “Appendix”).
A10 NETWORKS, INC. FOURTH AMENDED AND RESTATED RIGHTS AGREEMENTRights Agreement • March 10th, 2014 • A10 Networks, Inc. • Computer communications equipment • California
THIS FOURTH AMENDED AND RESTATED RIGHTS AGREEMENT (the “Agreement”) is made and entered into as of the 27 day of June, 2013, by and among A10 Networks, Inc., a California corporation (the “Company”), the investors in the Company’s Series A Preferred Stock pursuant to those certain Series A Preferred Stock Purchase Agreements dated as of October 21, 2004 and July 30, 2005 (the “Series A Investors”), the investors in the Company’s Series B Preferred Stock pursuant to that certain Series B Preferred Stock Purchase Agreement dated as of August 21, 2006, as amended (the “Series B Investors”), the Investors in the Company’s Series C Preferred Stock pursuant to the Series C Preferred Stock Purchase Agreement dated as of February 28, 2008, as amended (the “Series C Investors,” and collectively with the Series A Investors and the Series B Investors, the “Prior Investors”), the Investors in the Company’s Series D Preferred Stock (the “Series D Investors”) pursuant to the Series D Preferred Stock
AMENDMENT NO. 1 TO MANUFACTURING SERVICES AGREEMENTManufacturing Services Agreement • February 18th, 2014 • A10 Networks, Inc. • Computer communications equipment
This Amendment No. 1 is made by and A10 NETWORKS, INC. (“A10 Networks”) a California corporation, with principal offices located at 3 W Plumeria Drive, San Jose, CA 95134 U.S.A., and, LANNER ELECTRONICS (USA)., a California corporation with principal offices located at 41920 Christy Street, Fremont CA 94538 U.S.A., with respect to the MANUFACTURING SERVICES AGREEMENT between the parties having an Effective Date of December 8, 2006 (the “Agreement”).
Contract Manufacturer AgreementContract Manufacturer Agreement • February 18th, 2014 • A10 Networks, Inc. • Computer communications equipment
This OEM Agreement (“Agreement”) is made and entered into as of July, 01, 2008 (“Effective Date”) by and between AEWIN Technologies, Inc. (“AEWIN”), with offices at 9FL, No. 133, Sec. 2, Ta-Tung Road, Hsi-Chi City, Taipei Hsien, Taiwan, R.O.C., and A10 Networks (“A10”), with offices located at 3 West Plumeria Drive San Jose, CA 95134.
A10 Networks Reseller AgreementReseller Agreement • February 18th, 2014 • A10 Networks, Inc. • Computer communications equipment • New York
This Reseller Agreement (the “Agreement”) is made and entered into as of April 2, 2009 (the “Effective Date”) between A10 Networks, Inc., a California corporation having a principle office at 2309 Bering Drive, San Jose, California 95131 (“A10 Networks”), and NEC Corporation, a Japanese corporation having its principle office at 7-1, Shiba 5-chome, Minato-ku, Tokyo 108-8001, Japan (“Reseller”).
A10 NETWORKS, INC. FORM OF CHANGE IN CONTROL AND SEVERANCE AGREEMENTChange in Control and Severance Agreement • November 21st, 2019 • A10 Networks, Inc. • Computer communications equipment • California
This Change in Control and Severance Agreement (the “Agreement”) is made and entered into by and between Dhrupad Trivedi (“Executive”) and A10 Networks, Inc., a Delaware corporation (the “Company”), effective as of , 2019 (the “Effective Date”).
FIFTH AMENDMENT TO RESELLER AGREEMENTReseller Agreement • February 18th, 2014 • A10 Networks, Inc. • Computer communications equipment • California
This Fifth Amendment (the “Fifth Amendment”), dated as of April 2, 2012, is made in respect of that certain Reseller Agreement between A10 Networks, Inc. (“A10 Networks”) and NEC Corporation (“NEC” or “Reseller”) dated April 2, 2009 (the “Agreement”). Capitalized terms used herein but not otherwise defined shall, have the meanings assigned to them in the Agreement.
SECOND AMENDMENT TO RESELLER AGREEMENTReseller Agreement • February 18th, 2014 • A10 Networks, Inc. • Computer communications equipment • California
This Second Amendment (the “Second Amendment”), dated as of April 1, 2011, is made in respect of that certain Reseller Agreement between A10 Networks, Inc. (“A10 Networks”) and NEC Corporation (“NEC” or “Reseller”) dated April 2, 2009 (the “Agreement”). Capitalized terms used herein but not otherwise defined shall have the meanings assigned to them in the Agreement.
THIRD AMENDMENT TO RESELLER AGREEMENTReseller Agreement • February 18th, 2014 • A10 Networks, Inc. • Computer communications equipment • California
This Third Amendment (the “Third Amendment”). dated as of April 1, 2011, is made in respect of that certain Reseller Agreement between A10 Networks, Inc. (“A10 Networks”) and NEC Corporation (“NEC” or “Reseller”) dated April 2, 2009 (the “Agreement”). Capitalized terms used herein but not otherwise defined shall have the meanings assigned to them in the Agreement.
MANUFACTURING SERVICES AGREEMENTManufacturing Services Agreement • February 18th, 2014 • A10 Networks, Inc. • Computer communications equipment • California
THIS MANUFACTURING SERVICES AGREEMENT (“Agreement”) is made and entered into as of December 8, 2006 (the “Effective Date”) by and between A10 Networks, Inc., a California corporation with a principal place of business at 2309 Bering Drive, CA 95131 (“A10”) and Lanner Electronics (USA), a California corporation with a principal place of business at 925 Canada Court, City of Industry, CA 91748 (“Manufacturer”).
FOURTH AMENDMENT TO RESELLER AGREEMENTReseller Agreement • February 18th, 2014 • A10 Networks, Inc. • Computer communications equipment • California
This Fourth Amendment (the “Fourth Amendment”), dated as of October 3, 2011, is made in respect of that certain Reseller Agreement between A10 Networks, Inc. (“A10 Networks”) and NEC Corporation (“NEC” or “Reseller”) dated April 2, 2009 (the “Agreement”). Capitalized terms used herein but not otherwise defined shall have the meanings assigned to them in the Agreement.
SIXTH AMENDMENT TO RESELLER AGREEMENTReseller Agreement • February 18th, 2014 • A10 Networks, Inc. • Computer communications equipment • California
This Sixth Amendment (the “Sixth Amendment”), dated as of November 29, 2012, is made in respect of that certain Reseller Agreement between A10 Networks, Inc. (“A10 Networks”) and NEC Corporation (“NEC” or “Reseller”) dated April 2, 2009 (the “Agreement”). Capitalized terms used herein but not otherwise defined shall have the meanings assigned to them in the Agreement.
FIRST AMENDMENT TO RESELLER AGREEMENTReseller Agreement • February 18th, 2014 • A10 Networks, Inc. • Computer communications equipment • California
This First Amendment (the “First Amendment”), dated as of May 19, 2011, is made in respect of that certain Reseller Agreement between A10 Networks, Inc. (“A10 Networks”) and NEC Corporation (“NEC” or “Reseller”) dated April 2, 2009 (the “Agreement”). Capitalized terms used herein but not otherwise defined shall have the meanings assigned to them in the Agreement.
EIGHTH AMENDMENT TO RESELLER AGREEMENTReseller Agreement • February 18th, 2014 • A10 Networks, Inc. • Computer communications equipment • California
This Eighth Amendment (the “Eighth Amendment”), dated as of October 22, 2013, is made in respect of that certain Reseller Agreement between A10 Networks, Inc. (“A10 Networks”) and NEC Corporation (“NEC” or “Reseller”) dated April 2, 2009 (the “Agreement”). Capitalized terms used herein but not otherwise defined shall have the meanings assigned to them in the Agreement.
A10 NETWORKS, INC. STOCK OPTION AGREEMENTStock Option Agreement • August 4th, 2014 • A10 Networks, Inc. • Computer communications equipment • California
Unless otherwise defined herein, the terms defined in the A10 Networks, Inc. 2014 Equity Incentive Plan (the “Plan”) will have the same defined meanings in this Stock Option Agreement, including the Notice of Stock Option Grant (the “Notice of Grant”), and Terms and Conditions of Stock Option Grant attached hereto as Exhibit A, the Appendix to Stock Option Agreement attached hereto as Exhibit B (the “Appendix”) and any other exhibits attached hereto (collectively, the “Award Agreement”).
NINTH AMENDMENT TO RESELLER AGREEMENTReseller Agreement • August 4th, 2014 • A10 Networks, Inc. • Computer communications equipment
This Ninth Amendment (the “Ninth Amendment”), dated as of March 27, 2014, is made in respect of that certain Reseller Agreement between A10 Networks, Inc. (“A10 Networks”) and NEC Corporation (“NEC” or “Reseller”) dated April 2, 2009 (the “Agreement”). Capitalized terms used herein but not otherwise defined shall have the meanings assigned to them in the Agreement.
A10 NETWORKS, INC. 2008 Stock Plan STOCK OPTION AGREEMENTStock Option Agreement • August 4th, 2014 • A10 Networks, Inc. • Computer communications equipment • California
FURNISHED UPON WRITTEN REQUEST TO THE SECRETARY OF THE COMPANY BY THE HOLDER OF RECORD OF THE SHARES REPRESENTED BY THIS CERTIFICATE."
Re: Transition of EmploymentChange in Control and Severance Agreement • May 5th, 2017 • A10 Networks, Inc. • Computer communications equipment • California
This letter confirms the terms of the transition of your employment with A10 Networks, Inc. (the “Company”) and additionally amends certain provisions of the Change in Control and Severance Agreement by and between you and the Company dated December 1, 2013 (the “Agreement”), as described below.
Amendment No. 1 to CONTRACT MANUFACTURER AGREEMENTContract Manufacturer Agreement • March 11th, 2015 • A10 Networks, Inc. • Computer communications equipment
This Amendment No. 1 is made by and A10 NETWORKS, INC. (“A10 Networks”) a Delaware corporation, with principal offices located at 3 West Plumeria Drive, San Jose, California 95134 U.S.A. (“A10 Networks”) and, AEWIN Technologies, Inc. (“AEWIN”), with offices at 9FL, No. 133, Sec. 2, Ta-Tung Road , Hsi-Chi City., Taipei Hsien, Taiwan, R.O.C., with respect to the Contract Manufacturer Agreement between the parties having an Effective Date of July 1, 2008 as renewed by that certain letter dated July 1, 2011 (collectively, the “Agreement”).
A10 NETWORKS, INC.Stock Option Agreement • August 4th, 2014 • A10 Networks, Inc. • Computer communications equipment • California
A10 Networks, Inc. (the "Company") hereby grants an option (the “Option”) to purchase shares of its Common Stock (“Shares”) to the optionee named below on the terms and conditions set forth in this cover sheet, the Company’s 2008 Stock Plan, and all exhibits attached hereto (together, the “Stock Option Agreement"):
A10 Networks, Inc. San Jose, CA 95134Letter Agreement • November 21st, 2019 • A10 Networks, Inc. • Computer communications equipment • Delaware
This letter (this “Agreement”) amends and restates that certain letter agreement dated as of July 26, 2019 between (a) A10 Networks, Inc. (“Company”) and (b) VIEX Capital Advisors, LLC (“VIEX”) and each of the other related Persons (as defined below) set forth on the signature pages to this Agreement (collectively with VIEX, the “VIEX Group”). The VIEX Group and each of its Affiliates (as defined below) and Associates (as defined below) are collectively referred to as the “Investors.” Company and the VIEX Group are collectively the “Parties.”
ContractCommon Stock Repurchase Agreement • September 9th, 2022 • A10 Networks, Inc. • Computer communications equipment • Delaware
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • September 24th, 2018 • A10 Networks, Inc. • Computer communications equipment
THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into this 5th day of September, 2018, by and between SILICON VALLEY BANK, a California banking corporation (“Bank”), and A10 NETWORKS, INC., a Delaware corporation (“Borrower”), whose address is 3 West Plumeria Drive, San Jose, CA 95134.
A10 Networks, Inc. San Jose, CA 95134Director Appointment Agreement • July 30th, 2019 • A10 Networks, Inc. • Computer communications equipment • Delaware
This letter (this “Agreement”) constitutes the agreement between (a) A10 Networks, Inc. (“Company”) and (b) VIEX Capital Advisors, LLC (“VIEX”) and each of the other related Persons (as defined below) set forth on the signature pages to this Agreement (collectively with VIEX, the “VIEX Group”). The VIEX Group and each of its Affiliates (as defined below) and Associates (as defined below) are collectively referred to as the “Investors.” Company and the VIEX Group are collectively the “Parties.”
A10 Networks, Inc.Director Appointment Agreement • March 16th, 2018 • A10 Networks, Inc. • Computer communications equipment • Delaware
This letter (this “Agreement”) constitutes the agreement between (a) A10 Networks, Inc. (“Company”) and (b) VIEX Capital Advisors, LLC (“VIEX”) and each of the other related Persons (as defined below) set forth on the signature pages to this Agreement (collectively with VIEX, the “VIEX Group”). The VIEX Group and each of its Affiliates (as defined below) and Associates (as defined below) are collectively referred to as the “Investors.” Company and the VIEX Group are collectively the “Parties.”
COMMON STOCK REPURCHASE AND OPTION EXCHANGE AGREEMENTCommon Stock Repurchase and Option Exchange Agreement • May 18th, 2020 • A10 Networks, Inc. • Computer communications equipment • Delaware
THIS COMMON STOCK REPURCHASE AND OPTION EXCHANGE AGREEMENT (the “Agreement”) is entered into as of May 17, 2020 by and between A10 Networks, Inc., a Delaware corporation (the “Company”), and Lee Chen (the “Stockholder”).
SEPARATION AGREEMENT AND RELEASESeparation Agreement • May 5th, 2016 • A10 Networks, Inc. • Computer communications equipment • California
This Separation Agreement and Release (“Agreement”) is made by and between Sanjay Kapoor (“Employee”) and A10 Networks, Inc. (the “Company”) (collectively referred to as the “Parties” or individually referred to as a “Party”).
A10 NETWORKS, INC. TRANSITION AGREEMENT AND RELEASETransition Agreement and Release • August 29th, 2018 • A10 Networks, Inc. • Computer communications equipment • California
This Transition Agreement and Release (the “Agreement”) is made by and between Raymond Smets (“Executive”) and A10 Networks, Inc., a Delaware corporation (the “Company”) (collectively referred to as the “Parties”).
