ARTICLE IFirst Supplemental Indenture • December 12th, 2003 • Emc Corp • Computer storage devices • New York
BY AND AMONGMerger Agreement • August 11th, 1999 • Emc Corp • Computer storage devices • Massachusetts
BY AND AMONGMerger Agreement • October 14th, 2003 • Emc Corp • Computer storage devices • Delaware
Exhibit 4.2 EMC CORPORATION STOCK OPTION AGREEMENT NON-QUALIFIED STOCK OPTION AGREEMENT entered into as of the ___ day of ______, _____ by and between EMC Corporation, a Massachusetts corporation (the "Company"), and the undersigned individual (the...Stock Option Agreement • October 16th, 2002 • Emc Corp • Computer storage devices
as Issuer ANDIndenture • December 12th, 2003 • Emc Corp • Computer storage devices • New York
Exhibit 10.7 INDEMNIFICATION AGREEMENT AGREEMENT, effective as of [DATE], between EMC Corporation, a Massachusetts corporation (the "Company"), and [NAME] (the "Indemnitee"). WHEREAS, it is essential to the Company to retain and attract as directors...Indemnification Agreement • March 18th, 2003 • Emc Corp • Computer storage devices • Massachusetts
EXHIBIT 4.6 SECOND SUPPLEMENTAL INDENTURE ----------------------------- SECOND SUPPLEMENTAL INDENTURE, dated as of November 4, 1999, by and among EMC Corporation, a Massachusetts corporation (the "Company"), as successor in interest to Data General...Second Supplemental Indenture • March 17th, 2000 • Emc Corp • Computer storage devices • New York
ANDIndenture • April 10th, 1997 • Emc Corp • Computer storage devices • New York
EXHIBIT 4.2 EMC CORPORATION STOCK OPTION AGREEMENT NON-QUALIFIED STOCK OPTION AGREEMENT entered into as of the 23rd day of April, 1998 by and between EMC Corporation, a Massachusetts corporation (the "Company"), and the undersigned employee of an...Stock Option Agreement • August 10th, 1998 • Emc Corp • Computer storage devices
BACKGROUNDVoting Agreement • October 15th, 2004 • Emc Corp • Computer storage devices • Delaware
CONFORMED COPY -------------- AGREEMENT AND PLAN OF MERGER dated as of October 25, 1995Merger Agreement • November 3rd, 1995 • Emc Corp • Computer peripheral equipment, nec • Delaware
SECTION 1.1 Grant of Stock Option. Dragon hereby grants to Emerald an --------------------- irrevocable option (the "Stock Option") to purchase up to 10,177,850 shares (the "Option Shares") of Dragon Common Stock, including the associated rights (the...Stock Option Agreement • August 11th, 1999 • Emc Corp • Computer storage devices • Massachusetts
Commercial Paper Dealer AgreementCommercial Paper Dealer Agreement • March 23rd, 2015 • Emc Corp • Computer storage devices • New York
This agreement (this “Agreement”) sets forth the understandings between the Issuer and the Dealer, each named on the cover page hereof, in connection with the issuance and sale by the Issuer of its short-term promissory notes (the “Notes”) through the Dealer.
AGREEMENT AND PLAN OF MERGER BY AND AMONG EMC CORPORATION ENVOY MERGER CORPORATION AND DATA DOMAIN, INC. Dated as of June , 2009Merger Agreement • June 1st, 2009 • Emc Corp • Computer storage devices • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of June , 2009 by and among EMC Corporation, a Massachusetts corporation (“Parent”), Envoy Merger Corporation, a Delaware corporation and a direct, wholly-owned subsidiary of Parent (“Purchaser”), and Data Domain, Inc., a Delaware corporation (the “Company”). All capitalized terms that are used in this Agreement shall have the respective meanings ascribed thereto in Article I.
CREDIT AGREEMENT Dated as of February 27, 2015 AmongCredit Agreement • February 27th, 2015 • Emc Corp • Computer storage devices • New York
EMC CORPORATION, a Massachusetts corporation (the “Borrower”), the lenders from time to time party hereto and issuers of letters of credit from time to time party hereto, and CITIBANK, N.A. (“Citibank”), as administrative agent (the “Agent”) for the Lenders (as hereinafter defined), agree as follows:
CHANGE IN CONTROL SEVERANCE AGREEMENTChange in Control Severance Agreement • May 2nd, 2012 • Emc Corp • Computer storage devices • Massachusetts
THIS AGREEMENT, dated [DATE], is made by and between EMC Corporation (the “Company”), and [NAME] (the “Executive”) residing at [ADDRESS].
relating toRegistration Rights Agreement • April 10th, 1997 • Emc Corp • Computer storage devices • New York
AGREEMENT AND PLAN OF MERGER Dated as of October 12, 2015 among DENALI HOLDING INC., DELL INC., UNIVERSAL ACQUISITION CO. and EMC CORPORATIONMerger Agreement • October 13th, 2015 • Emc Corp • Computer storage devices • Massachusetts
AGREEMENT AND PLAN OF MERGER (this “Agreement”) dated as of October 12, 2015, among DENALI HOLDING INC., a Delaware corporation (“Parent”), DELL INC., a Delaware corporation (“Dell”), UNIVERSAL ACQUISITION CO., a Delaware corporation and direct wholly owned subsidiary of Parent (“Merger Sub”), and EMC CORPORATION, a Massachusetts corporation (the “Company”).
AGREEMENT AND PLAN OF MERGER BY AND AMONG EMC CORPORATION ENVOY MERGER CORPORATION AND DATA DOMAIN, INC. Dated as of July 8, 2009Merger Agreement • July 9th, 2009 • Emc Corp • Computer storage devices • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of July __, 2009 by and among EMC Corporation, a Massachusetts corporation (“Parent”), Envoy Merger Corporation, a Delaware corporation and a direct, wholly-owned subsidiary of Parent (“Purchaser”), and Data Domain, Inc., a Delaware corporation (the “Company”). All capitalized terms that are used in this Agreement shall have the respective meanings ascribed thereto in Article I.
EXHIBIT 4.1 REGISTRATION RIGHTS AGREEMENT THIS REGISTRATION RIGHTS AGREEMENT (the "Agreement") is made and entered into as of April 5, 2002, by and between Documentum, Inc., a Delaware corporation (the "Company"), and UBS Warburg LLC (the "Initial...Registration Rights Agreement • December 12th, 2003 • Emc Corp • Computer storage devices • New York
AGREEMENT AND PLAN OF MERGER by and among EMC CORPORATION, ELECTRON MERGER CORPORATION and ISILON SYSTEMS, INC. Dated as of November 14, 2010Merger Agreement • November 16th, 2010 • Emc Corp • Computer storage devices • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of November 14, 2010 by and among EMC Corporation, a Massachusetts corporation (“Parent”), Electron Merger Corporation, a Delaware corporation and a wholly-owned subsidiary of Parent (“Acquisition Sub”), and Isilon Systems, Inc., a Delaware corporation (the “Company”). All capitalized terms used in this Agreement shall have the respective meanings ascribed thereto in Article I.
AGREEMENT AND PLAN OF MERGER AMONG EMC CORPORATION, ENTRUST MERGER CORPORATION AND RSA SECURITY INC. Dated as of June 29, 2006Merger Agreement • August 4th, 2006 • Emc Corp • Computer storage devices • Delaware
This Agreement and Plan of Merger (this “Agreement”) is dated as of June 29, 2006, among EMC Corporation, a Massachusetts corporation (the “Buyer”), Entrust Merger Corporation, a Delaware corporation and a wholly owned subsidiary of the Buyer (“Merger Sub”), and RSA Security Inc., a Delaware corporation (the “Company”).
FORM OF CHANGE IN CONTROL SEVERANCE AGREEMENTChange in Control Severance Agreement • February 28th, 2011 • Emc Corp • Computer storage devices • Massachusetts
WHEREAS, the Company considers the establishment and maintenance of a sound and vital management to be essential to protecting and enhancing the best interests of the Company and its stockholders; and
AGREEMENT AND PLAN OF MERGER BY AND AMONG EMC CORPORATION, EPIPHANY MERGER CORPORATION and CAPTIVA SOFTWARE CORPORATION Dated as of October 20, 2005Merger Agreement • October 31st, 2005 • Emc Corp • Computer storage devices • Massachusetts
AGREEMENT AND PLAN OF MERGER, dated as of October 20, 2005 (this “Agreement”), by and among EMC Corporation, a Massachusetts corporation (“Parent”), Epiphany Merger Corporation, a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and Captiva Software Corporation, a Delaware corporation (the “Company”).
CHANGE IN CONTROL SEVERANCE AGREEMENTChange in Control Severance Agreement • February 25th, 2016 • Emc Corp • Computer storage devices • Massachusetts
THIS AGREEMENT, dated [DATE], is made by and between EMC Corporation (the “Company”), and [NAME] (the “Executive”) residing at [ADDRESS].
FORM OF INDEMNIFICATION AGREEMENTIndemnification Agreement • February 25th, 2014 • Emc Corp • Computer storage devices • Massachusetts
AGREEMENT effective as of [INSERT DATE] (the “Effective Date”), between EMC Corporation, a Massachusetts corporation (the “Company”), and [NAME] (the “Indemnitee”).
AGREEMENT AND PLAN OF MERGER dated as of January 21, 2014 by and among VMware, Inc., as Parent Aikman Acquisition Corp., as Merger Sub and the RepresentativeMerger Agreement • February 24th, 2014 • Emc Corp • Computer storage devices • Delaware
This AGREEMENT AND PLAN OF MERGER, dated as of January 21, 2014 (this “Agreement”), is by and among VMware, Inc., a Delaware corporation (“Parent”), A.W.S. Holding, LLC, a Delaware limited liability company (the “Company”), Aikman Acquisition Corp., a Delaware corporation and a direct wholly owned subsidiary of Parent (“Merger Sub”), and with respect to Section 1.7, Section 4.4, Section 4.15, Article 7 and Article 8 only, the Representative. Certain capitalized terms used herein have the meanings assigned to them in Section 1.4(c)(iii), Section 1.6(d)(iii) or Section 8.1.
EMPLOYMENT AGREEMENTEmployment Agreement • July 31st, 2003 • Emc Corp • Computer storage devices • California
This EMPLOYMENT AGREEMENT (“Agreement”) is made as of July 7, 2003 by and between EMC Corporation, a Massachusetts corporation (“EMC”) and David L. Beamer (the “Executive”). In consideration of mutual covenants contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, EMC and the Executive agree as follows:
AGREEMENT AND PLAN OF MERGER BY AND AMONG EMC CORPORATION EMBRACE MERGER CORPORATION VIRTUSTREAM GROUP HOLDINGS, INC. AND THE REPRESENTATIVE OF THE INDEMNIFYING STOCKHOLDERS OF VIRTUSTREAM GROUP HOLDINGS, INC.Merger Agreement • July 9th, 2015 • Emc Corp • Computer storage devices • Massachusetts
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made as of May 22, 2015, by and among EMC Corporation, a Massachusetts corporation (“Parent”), Embrace Merger Corporation, a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), Virtustream Group Holdings, Inc., a Delaware corporation (the “Company”), and Shareholder Representative Services LLC, a Colorado limited liability company, solely in its capacity as the Stockholder Representative. The holders of all of the issued and outstanding capital stock of the Company (the “Company Stock”) are collectively referred to herein as the “Company Stockholders,” and the Company Stockholders, together with the holders of all other issued and outstanding equity securities of the Company, including securities convertible into, or exercisable or exchangeable for, equity securities of the Company (all such equity securities, including the Company Stock, the “Company Securities”), are collectively referred to herein as th
TENDER AND VOTING AGREEMENT Dated as of November 14, 2010 among EMC CORPORATION, ELECTRON MERGER CORPORATION and THE PERSONS LISTED ON SCHEDULE I HERETOTender and Voting Agreement • November 16th, 2010 • Emc Corp • Computer storage devices • Delaware
This TENDER AND VOTING AGREEMENT, dated as of November 14, 2010 (this “Agreement”), is among EMC Corporation, a Massachusetts corporation (“Parent”), Electron Merger Corporation, a Delaware corporation and a wholly owned Subsidiary of Parent (“Acquisition Sub”), and the persons listed on Schedule I hereto (collectively, the “Company Stockholders”).
AGREEMENT AND PLAN OF MERGER BY AND AMONG EMC CORPORATION, ECLIPSE MERGER CORPORATION and LEGATO SYSTEMS, INC. Dated as of July 7, 2003Merger Agreement • July 8th, 2003 • Emc Corp • Computer storage devices • Massachusetts
AGREEMENT AND PLAN OF MERGER, dated as of July 7, 2003 (this “Agreement”), by and among EMC Corporation, a Massachusetts corporation (“Parent”), Eclipse Merger Corporation, a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and Legato Systems, Inc., a Delaware corporation (the “Company”).
AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • February 24th, 2014 • Emc Corp • Computer storage devices
This Amendment No. 1 to Agreement and Plan of Merger (this “Amendment”) is made and entered into as of February 24, 2014 by and among VMware, Inc., a Delaware corporation (“Parent”), Aikman Acquisition Corp., a Delaware corporation (“Merger Sub”), A.W.S. Holding, LLC, a Delaware limited liability company (the “Company”), and David K. Dabbiere as the Representative (the “Representative”), as an amendment to the Agreement and Plan of Merger made and entered into as of January 21, 2014, by and among Parent, Merger Sub, the Company and the Representative (the “Merger Agreement”).
FORM OF SEVERANCE AGREEMENTSeverance Agreement • March 22nd, 2002 • Emc Corp • Computer storage devices • Massachusetts
WHEREAS, the Company considers the establishment and maintenance of a sound and vital management to be essential to protecting and enhancing the best interests of the Company and its stockholders; and
EMC CorporationRegistration Rights Agreement • November 17th, 2006 • Emc Corp • Computer storage devices • New York
EMC Corporation, a Massachusetts corporation (the “Company”), proposes to issue and sell to the Purchasers (as defined herein) upon the terms set forth in the Purchase Agreement (as defined herein) its 1.75% Convertible Senior Notes due 2011 and its 1.75% Convertible Senior Notes due 2013 (collectively, the “Securities”). As an inducement to the Purchasers to enter into the Purchase Agreement and in satisfaction of a condition to the obligations of the Purchasers thereunder, the Company agrees with the Purchasers for the benefit of Holders (as defined herein) from time to time of the Registrable Securities (as defined herein) as follows:
INDEMNIFICATION AGREEMENTIndemnification Agreement • November 3rd, 2004 • Emc Corp • Computer storage devices • Massachusetts
AGREEMENT effective as of [DATE] (the “Effective Date”), between EMC Corporation, a Massachusetts corporation (the “Company”), and [NAME] (the “Indemnitee”).
