MASTER SERVICE AGREEMENTMaster Service Agreement • May 24th, 2007 • DemandTec, Inc. • California
This Master Service Agreement (“Agreement”) is entered into on 8/19, 2005(“MSA Effective Date”) by and between the Equinix Entities and the undersigned customer (“Customer”), and includes the following exhibits:
DEMANDTEC, INC. AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT September 20, 2002Investors’ Rights Agreement • May 24th, 2007 • DemandTec, Inc. • California
THIS AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT is made as of the 20th day of September, 2002, by and among DemandTec, Inc., a Delaware corporation (the “Company”), and the investors listed on Schedule A hereto (each of which is herein referred to as an “Investor” and collectively the “Investors”).
AMENDED AND RESTATED OUTSOURCING SERVICES AGREEMENTOutsourcing Services Agreement • May 24th, 2007 • DemandTec, Inc. • California
THIS AMENDED AND RESTATED OUTSOURCING SERVICES AGREEMENT is made and entered into this May 1, 2006 (“Effective Date”), by and between DemandTec, Inc., a Delaware corporation with offices located at 1 Circle Star Way, Suite 200, San Carlos, California 94070 (“DemandTec”), and Sonata Services Limited, a BVI company, with offices located at Room 900-10, 9/F, MLC Millennia Plaza, 663 King’s Road, North Point Hong Kong (“Service Provider”).
THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT between SILICON VALLEY BANK and DEMANDTEC, INC. May 23, 2006Loan and Security Agreement • May 24th, 2007 • DemandTec, Inc.
This THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT dated as of the Effective Date, between SILICON VALLEY BANK (“Bank”), whose address is 3003 Tasman Drive, Santa Clara, California 95054 and DEMANDTEC, INC. (“Borrower”), whose address is One Circle Star Way, Suite 200, San Carlos, California 94070, provides the terms on which Bank will lend to Borrower and Borrower will repay Bank. The parties agree as follows:
ContractEmployment Agreement • May 24th, 2007 • DemandTec, Inc.
DemandTec, Inc. (the “Company”) and TradePoint Solutions, Inc. (“TradePoint”) have entered into an Agreement and Plan of Merger dated October 6, 2006 (the “Merger Agreement”), pursuant to which TradePoint will become a subsidiary of DemandTec. We are pleased to offer you continued employment following the merger, on the terms and conditions set forth below:
November 17, 2003 John Crouch Dear John: DemandTec, Inc. (the “Company”) is pleased to offer you employment on the following terms:Employment Agreement • May 24th, 2007 • DemandTec, Inc.
DemandTec Inc. 50 First Street, Suite 307; San Francisco, CA 94105 July 20, 2001Employment Agreement • May 24th, 2007 • DemandTec, Inc. • California
SECOND AMENDMENT TO SUBLEASESublease • May 24th, 2007 • DemandTec, Inc. • California
THIS LEASE AGREEMENT is made and entered into as of April 27, 1999, by and between CIRCLE STAR CENTER ASSOCIATES, L.P., a California limited partnership, (herein called “Landlord”), and NETWORK COMPUTER, INC. , a Delaware corporation, (herein called “Tenant”).
AGREEMENT AND PLAN OF MERGER AND REORGANIZATION by and among DEMANDTEC, INC., TP ACQUISITION CORP., TRADEPOINT SOLUTIONS, INC. and CHARLES MAGOWAN, as SHAREHOLDERS’ REPRESENTATIVE Dated as of October 6, 2006Merger Agreement • May 24th, 2007 • DemandTec, Inc. • California
THIS AGREEMENT AND PLAN OF MERGER AND REORGANIZATION (the “Agreement”) is made and entered into October 6, 2006, by and among DemandTec, Inc., a Delaware corporation (“Parent”), TP Acquisition Corp, a California corporation and a wholly-owned subsidiary of Parent (“Merger Sub”), TradePoint Solutions, Inc., a California corporation (the “Company”), and Charles Magowan, as Shareholders’ Representative (as defined in Section 9.6 hereof).
February 5, 2004 Mr. James Dai Dear James: DemandTec, Inc. (the “Company”) is pleased to offer you employment on the following terms:Employment Agreement • May 24th, 2007 • DemandTec, Inc.
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 24th, 2007 • DemandTec, Inc. • Delaware
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of the Effective Date among SILICON VALLEY BANK, a California corporation (“Bank”), GOLD HILL VENTURE LENDING 03, LP (“Gold Hill”) (Bank and Gold Hill each individually a “Lender” and collectively the “Lenders”), Bank in its capacity as agent (the “Agent”) and DEMANDTEC, INC., a Delaware corporation (“Borrower”), provides the terms on which Lenders shall lend to Borrower and Borrower shall repay Lenders. The parties agree as follows:
AMENDED AND RESTATED VOTING AGREEMENTVoting Agreement • May 24th, 2007 • DemandTec, Inc. • Delaware
THIS AMENDED AND RESTATED VOTING AGREEMENT (the “Agreement”) is made and entered into as of September 20, 2002, by and among DemandTec, Inc., a Delaware corporation (the “Company”), the holders of the Company’s Series A Preferred Stock, Series B Preferred Stock and Series C Preferred Stock (collectively, the “Preferred Stock”) listed on the Schedule of Investors attached as Schedule A hereto (the “Investors”), and the holders of Common Stock of the Company (the “Common Holders”) listed on the Schedule of Common Holders attached as Schedule B hereto. The Company, the Common Holders and the Investors are individually each referred to herein as a “Party” and are collectively referred to herein as the “Parties.” The Company’s Board of Directors is referred to herein as the “Board.”
