2.00% CONVERTIBLE SENIOR NOTES DUE 2021Indenture • August 5th, 2016 • Symantec Corp • Services-prepackaged software • New York
INDENTURE, dated as of August 1, 2016, between Symantec Corporation, a Delaware corporation (the “Company,” as more fully set forth in Section 1.01), and Wells Fargo Bank, National Association, a national banking association organized under the laws of the United States, as trustee (the “Trustee,” as more fully set forth in Section 1.01).
SYMANTEC CORPORATION PERFORMANCE BASED RESTRICTED STOCK UNIT AWARD AGREEMENT RECITALSPerformance Based Restricted Stock Unit Award Agreement • August 5th, 2016 • Symantec Corp • Services-prepackaged software • California
June 12, 2016Employment Agreement • August 5th, 2016 • Symantec Corp • Services-prepackaged software • Delaware
We are delighted to offer you employment at Symantec Corporation (“Symantec”), effective upon the closing (the “Closing Date”) of Symantec’s merger with your current employer Blue Coat, Inc. (“Target” and such merger, the “Merger”). This employment offer (this “Agreement”) is contingent and effective on the closing of the Merger. If the Merger is not consummated for any reason or if the Merger Agreement by and among Symantec, Target and the other parties thereto (the “Merger Agreement”) is terminated in accordance with its terms, this Agreement will immediately and automatically be withdrawn and be of no further force or effect. For purposes of this Agreement, “Symantec” shall be deemed to include Symantec and its wholly and majority-owned direct and indirect subsidiaries, including the Target, after the closing of the Merger.
SYMANTEC CORPORATION EMPLOYMENT LETTEREmployment Letter • August 5th, 2016 • Symantec Corp • Services-prepackaged software • California
This Employment Letter (this “Employment Letter”) is made and entered into as of June 12, 2016, and, except with respect to Section 9 through 12 and 19, shall become effective upon the Closing Date (as defined below) (the “Effective Date”), by and between Gregory S. Clark (“Executive”), Symantec Corporation, a Delaware corporation (the “Company”) and Blue Coat, Inc. (the “Target”) with respect to Sections 9 through 12 and 19 of this Employment Letter. Sections 9 through 12 and 19 of this Employment Letter shall be effective as of June 12, 2016.
CREDIT AGREEMENTdated as of August 1, 2016amongSYMANTEC CORPORATION,The Lenders Party Hereto,WELLS FARGO BANK, NATIONAL ASSOCIATION, as Term Loan A-1/Revolver Administrative Agent and Swingline Lender,JPMORGAN CHASE BANK, N.A., as Term Loan A-2...Credit Agreement • August 5th, 2016 • Symantec Corp • Services-prepackaged software • New York
TERM LOAN AGREEMENTdated as ofAugust 1, 2016among SYMANTEC CORPORATION The Lenders Party HeretoandJPMORGAN CHASE BANK, N.A., as Administrative AgentandBANK OF AMERICA, N.A.,as Syndication AgentandBARCLAYS BANK PLC,CITIBANK, N.A., WELLS FARGO BANK,...Term Loan Agreement • August 5th, 2016 • Symantec Corp • Services-prepackaged software • New York
Pursuant to that certain Agreement and Plan of Merger, dated as of June 12, 2016 (together with all exhibits, schedules and other disclosure letters thereto, collectively, the “Merger Agreement”), by and among Symantec Corporation, a Delaware corporation (“Parent”), S-B0616 Merger Sub, Inc., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and Blue Coat, Inc., a Delaware corporation (the “Target”), Parent will acquire the Target (the “Acquisition”) by causing Merger Sub to merge with and into the Target (the “Merger”), with the Target being the surviving entity of the Merger and a wholly owned subsidiary of Parent.
AMENDMENT AGREEMENTAmendment Agreement • August 5th, 2016 • Symantec Corp • Services-prepackaged software • New York
THIS AMENDMENT AGREEMENT, dated as of July 18, 2016 (this “Amendment”), by and among Symantec Corporation, a Delaware corporation (the “Borrower”), Symantec Operating Corporation, a Delaware corporation (“Guarantor”), the Lenders and the New Term Lenders (each as defined below) party hereto, Wells Fargo Bank, National Association, as administrative agent for the Lenders (in such capacity, the “Term Loan A-1/Revolver Administrative Agent”), and JPMorgan Chase Bank, N.A., as administrative agent for the New Term Lenders (in such capacity, the “Term Loan A-2 Administrative Agent” and, collectively with the Term Loan A-1/Revolver Administrative Agent, the “Administrative Agents”).
AMENDMENT TO INVESTMENT AGREEMENTInvestment Agreement • August 5th, 2016 • Symantec Corp • Services-prepackaged software
This AMENDMENT TO INVESTMENT AGREEMENT (this “Amendment”), dated as of July 31, 2016 (the “Amendment Effective Date”), is by and between (i) Symantec Corporation, a Delaware corporation (the “Company”), and (ii) Bain Capital Fund XI, L.P., Bain Capital Europe Fund IV, L.P. and Silver Lake Partners IV Cayman (AIV II), L.P. (each a “Purchaser” and together the “Purchasers”). Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Existing Investment Agreement (as defined below).
