ContractPreemptive Rights Agreement • May 5th, 2020 • Delaware
Contract Type FiledMay 5th, 2020 Jurisdiction<DOCUMENT> <TYPE>EX-10.5 <SEQUENCE>7 <FILENAME>doc6.txt <TEXT> PREEMPTIVE RIGHTS AGREEMENT THIS PREEMPTIVE RIGHTS AGREEMENT is made as of this ___ day of October, 2001 by and among Evolve Software, Inc., a Delaware corporation (the "COMPANY"), and the entities listed on the signature pages hereto (the "STOCKHOLDERS"). Recitals -------- A. The Company and the Stockholders and certain other investors have entered into a Series A Preferred Stock Purchase Agreement dated September 23, 2001 (the "PURCHASE AGREEMENT"), pursuant to which the Company has agreed to sell, and the Stockholders have agreed to purchase up to an aggregate of 1,400,000 shares of Series A Preferred Stock of the Company (the "PREFERRED STOCK"), warrants (the "PREFERRED STOCK WARRANTS") to purchase up to an additional 1,400,000 shares of Series A Preferred Stock and warrants (the "COMMON STOCK WARRANTS") up to 7,000,000 shares of Common Stock of the Company. B. In order to induce the Stockholders to enter into the Purch