Amendment No. 1 To Agreement
Exhibit 10.1
Amendment No. 1
To
This Amendment No. 1 (“Amendment”) to the Agreement (“Agreement”) by and between BakBone Software Incorporated (“BakBone”) and VantagePoint Venture Partners IV(Q) L.P., VantagePoint Venture Partners Principals Fund IV, L.P. and VantagePoint Venture Partners IV, L.P. (collectively, “VantagePoint”), made as of September 22, 2009, is entered into by the undersigned parties hereto (“Parties”) effective as of September , 2010 (“Amendment Effective Date”). Except as otherwise stated in this Amendment, the provisions of the Agreement shall remain in full force and effect, and unmodified. All references to articles and sections and use of defined terms herein shall have the same meanings and effect as stated in the Agreement unless otherwise stated in this Amendment.
Whereas, the Parties desire to amend the Agreement pursuant to the terms of this Amendment.
Now, therefore, the parties agree as follows:
1. Paragraph 3(a) of the Agreement is struck in its entirety and replaced by the following:
(a) | duly call, issue notice of and hold the annual general meeting of shareholders following conclusion of the 2010 fiscal year and in any event no later than December 31, 2010 (the “2010 AGM”) |
Agreed to:
BakBone Software, Inc. | VantagePoint Venture Partners IV (Q) L.P. | |||||||
By: VantagePoint Venture Associates IV. | ||||||||
L.L.C., its General Partner | ||||||||
By: | /s/ Xxxxx Xxxxxx |
By: | /s/ Xxxx X. Xxxxxxx | |||||
Name: Xxxxx Xxxxxx | Name: Xxxx X. Xxxxxxx | |||||||
Title: SVP CFO + Interim CEO | Title: Managing Member | |||||||
Date: September 29, 2010 | Date: September 29, 2010 |
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VantagePoint Venture Partners Principals Fund IV, L.P.
By: VantagePoint, Venture Associates IV, L.L.C., Its General Partner | ||
By: |
/s/ Xxxx X. Xxxxxxx | |
Name: Xxxx X. Xxxxxxx | ||
Title: Managing Member | ||
Date: September 29, 2010 | ||
VantagePoint Venture Partners IV, L.P.
By: VantagePoint Venture Associates IV, L.L.C., Its General Partner | ||
By: |
/s/ Xxxx X. Xxxxxxx | |
Name: Xxxx X. Xxxxxxx | ||
Title: Managing Member | ||
Date: September 29, 2010 |
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