EXECUTION VERSION ASSET PURCHASE AGREEMENT BY AND BETWEENAsset Purchase Agreement • November 2nd, 2006 • Axs One Inc • Services-prepackaged software • New York
AXS-ONE INC.Warrant Agreement • June 23rd, 2005 • Axs One Inc • Services-prepackaged software • New York
WITNESSETHStock Purchase Agreement • October 5th, 2001 • Axs One Inc • Services-prepackaged software • New Jersey
PREAMBLELoan and Security Agreement • August 14th, 2001 • Axs One Inc • Services-prepackaged software • New York
ii) the aggregate amounts then undrawn on all outstanding letters of credit, foreign exchange contracts, or any other accommodations issued or incurred, or caused to be issued or incurred by Silicon for the account and/or benefit of the Borrower.Loan Modification Agreement • November 16th, 2006 • Axs One Inc • Services-prepackaged software
WITNESSETH:Consulting Services Agreement • March 31st, 1999 • Computron Software Inc • Services-prepackaged software • New York
AXS-ONE INC.Warrant Agreement • June 23rd, 2005 • Axs One Inc • Services-prepackaged software • New York
INVESTOR RIGHTS AGREEMENT This INVESTOR RIGHTS AGREEMENT (this "AGREEMENT") is made as of June 17, 2005 by and among AXS-One Inc., a Delaware corporation (the "COMPANY") and the investors listed on Exhibit A hereto (each an "INVESTOR" and collectively...Investor Rights Agreement • June 23rd, 2005 • Axs One Inc • Services-prepackaged software • New York
BACKGROUNDLease • March 24th, 1998 • Computron Software Inc • Services-prepackaged software
RECITALSIntellectual Property Security Agreement • November 6th, 2006 • Axs One Inc • Services-prepackaged software • California
PREAMBLELoan and Security Agreement • April 1st, 2002 • Axs One Inc • Services-prepackaged software • New York
AMENDMENTFinancial Advisory Agreement • March 30th, 2001 • Axs One Inc • Services-prepackaged software • Texas
LOAN AND SECURITY AGREEMENT by and between COMPUTRON SOFTWARE, INC.Loan and Security Agreement • May 14th, 1998 • Computron Software Inc • Services-prepackaged software • New York
AMENDMENT NO. 1 TO LOAN AND SECURITY AGREEMENT ---------------------------Loan and Security Agreement • August 13th, 1998 • Computron Software Inc • Services-prepackaged software • California
2 3 If this Consulting Agreement is terminated earlier than November 30, 2000 pursuant to the terms of Section 6 of this Consulting Agreement, Computron's obligations to make quarterly payments then unpaid shall be terminated and Typaldos shall...Consulting Agreement • November 12th, 1997 • Computron Software Inc • Services-prepackaged software • New Jersey
AMENDMENT TOEmployment Agreement • March 31st, 1999 • Computron Software Inc • Services-prepackaged software
PREAMBLELoan and Security Agreement • March 31st, 1999 • Computron Software Inc • Services-prepackaged software • California
COMPUTRON SOFTWARE, INC.Securities Purchase Agreement • March 24th, 1998 • Computron Software Inc • Services-prepackaged software • New York
PREAMBLELoan and Security Agreement • March 30th, 2000 • Computron Software Inc • Services-prepackaged software • New York
INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • July 28th, 2008 • Axs One Inc • Services-prepackaged software • New York
This Agreement is being entered into pursuant to the Convertible Note and Warrant Purchase Agreement, dated as of the date hereof, by and among the Company and the Purchasers (the “Purchase Agreement”).
AXS-ONE INC. UNIT SUBSCRIPTION AGREEMENT COMMON STOCK AND WARRANTSUnit Subscription Agreement • June 23rd, 2005 • Axs One Inc • Services-prepackaged software • New York
PREAMBLELoan and Security Agreement • March 30th, 2001 • Axs One Inc • Services-prepackaged software • New York
Void after May 29, 2014 Warrant No. 2007-_______Warrant Agreement • June 1st, 2007 • Axs One Inc • Services-prepackaged software • New York
THIS SECURITY AND ANY SHARES ISSUED UPON THE EXERCISE OR CONVERSION OF THIS SECURITY HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN COMPLIANCE WITH APPLICABLE STATE SECURITIES LAWS OR BLUE SKY LAWS.
Working Capital Line of Credit) SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • July 23rd, 2007 • Axs One Inc • Services-prepackaged software • Delaware
This SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of July 18, 2007, between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (FAX 617-969-5965) (“Bank”) and AXS-ONE INC., a Delaware corporation with its chief executive office located at 301 Route 17 North, Rutherford, New Jersey 07070 (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
BACKGROUNDLease • April 1st, 2002 • Axs One Inc • Services-prepackaged software
COMPUTRON SOFTWARE, INC. SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • January 8th, 1998 • Computron Software Inc • Services-prepackaged software • New York
1 AGREEMENTSeverance Agreement • November 12th, 1997 • Computron Software Inc • Services-prepackaged software • New Jersey
AXS-ONE INC.Warrant Agreement • March 30th, 2001 • Axs One Inc • Services-prepackaged software • Delaware
Exhibit 10.21 EXECUTION COPY EMPLOYMENT AGREEMENT This Employment Agreement (the "Agreement") is entered into as of February 1, 1997 by and between Computron Software, Inc., a Delaware corporation (the "Company"), and John A. Rade ("Executive")....Employment Agreement • March 24th, 1998 • Computron Software Inc • Services-prepackaged software • New Jersey
SECURITY AGREEMENTSecurity Agreement • July 1st, 2009 • Axs One Inc • Services-prepackaged software • New York
This SECURITY AGREEMENT is made as of June 26, 2009 among BlueLine Capital Partners, LP, a Delaware limited partnership with an office located at 4115 Blackhawk Plaza Circle, Suite 100, Danville, CA 94596, as agent (hereinafter, in such capacity, the “Agent”) for itself and the other lenders listed on the signature page hereto (hereinafter, collectively, the “Secured Parties”), and AXS-One Inc., a Delaware corporation with its chief executive office located at 301 Route 17 North, Rutherford, NJ 07070 (the “Debtor”).
Void after October 30, 2015 Warrant No. 2008-E-_____Common Stock Purchase Warrant • November 3rd, 2008 • Axs One Inc • Services-prepackaged software • New York
THIS SECURITY AND ANY SHARES ISSUED UPON THE EXERCISE OR CONVERSION OF THIS SECURITY HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN COMPLIANCE WITH APPLICABLE STATE SECURITIES LAWS OR BLUE SKY LAWS.
AXS-ONE INC. RESTRICTED STOCK AGREEMENTRestricted Stock Agreement • December 17th, 2007 • Axs One Inc • Services-prepackaged software • Delaware
This Agreement (this “Agreement”) is made as of December 11, 2007 (the “Date of Grant”), by and between AXS-One Inc., a Delaware corporation (the “Company”), and William P. Lyons (the “Grantee”).
ContractSecured Convertible Promissory Note • November 3rd, 2008 • Axs One Inc • Services-prepackaged software • New York
THIS NOTE AND THE RIGHTS PROVIDED HEREIN ARE SUBJECT IN ALL RESPECTS TO THE TERMS OF THE SECOND AMENDED AND RESTATED SUBORDINATION AGREEMENT OF EVEN DATE HEREWITH BETWEEN THE AGENT OF THE PAYEE AND SAND HILL FINANCE, LLC.
Exhibit 10.35 SOFTWARE ASSIGNMENT AGREEMENT THIS AGREEMENT is made by and between S-CUBED INTERNATIONAL CORPORATION ("S-CUBED"), P.O. Box 8163, Stamford, Connecticut 06905 and COMPUTRON SOFTWARE, INC. ("COMPUTRON"), 301 Route 17 North, Rutherford, New...Software Assignment Agreement • March 31st, 1999 • Computron Software Inc • Services-prepackaged software • New York
EMPLOYMENT AGREEMENTEmployment Agreement • February 16th, 2007 • Axs One Inc • Services-prepackaged software • New Jersey
THIS EMPLOYMENT AGREEMENT, entered into this 15th day of February, 2007, by and between AXS-One Inc., a Delaware corporation (the “Company”), and Joseph P. Dwyer (hereinafter called the “Employee”).
