Exhibit 10.29
AMENDMENT TO
SECURED PROMISSORY NOTE
This Amendment is made and entered into as of October 5, 1999, by and between
Interwoven, Inc. (the "Company") and the undersigned Obligor.
R E C I T A L S
- - - - - - - -
1. In connection with the purchase of shares of the Company's Common
Stock, Obligor delivered one or more Secured Promissory Notes (the "Notes") to
-----
the Company.
2. Each Note provides a schedule for repayment of principal in monthly
installments following an initial public offering of the Company's stock.
3. Company and Obligor wish to amend the repayment schedule for each Note.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Clause (ii) of the penultimate sentence of Section 1 of each Note is
hereby amended in full to read as follows: "(ii) an initial public offering of
the Company stock, in which event the principal sum shall become due in eighteen
(18) monthly installments of equal amount with the first installment due on the
first annual anniversary of the effectiveness of the Registration Statement
filed with the SEC in connection with the Company's initial public offering."
2. No Other Amendment. Except as expressly set forth herein, each Note is
------------------
unmodified and continues in full force and effect.
3. Governing Law. This Amendment shall be governed by and construed under
-------------
the internal laws of the State of California as applied to agreements among
California residents entered into and to be performed entirely within
California, without reference to principles of conflict of laws or choice of
laws.
4. Entire Agreement. This Amendment constitutes the entire agreement and
----------------
understanding of the parties with respect to modification of the repayment
schedule for the Notes and supersedes any and all prior negotiations,
correspondence, agreements, understandings, duties or obligations between the
parties with respect to such subject matter.
5. Counterparts. This Amendment may be executed in two or more
------------
counterparts, including by facsimile, each of which shall be deemed an original,
but all of which together shall constitute one and the same instrument.
OBLIGOR INTERWOVEN, INC.
/s/ Xxxxx Xxxx By: /s/ Xxxxxx X. Xxxxxx
---------------------------- -----------------------------
(Signature)
Name: Xxxxxx X. Xxxxxx
---------------------------
Xxxxx Xxxx
----------------------------
(Print Name) Title: President and Chief Executive Officer
-------------------------------------