LOAN AND SECURITY AGREEMENTLoan and Security Agreement • July 20th, 2007 • SuccessFactors, Inc. • California
THIS LOAN AND SECURITY AGREEMENT NO. 5271 (this “Agreement”) is entered into as of June 7, 2006, by and between LIGHTHOUSE CAPITAL PARTNERS V, L.P. (“Lender”) and SUCCESS ACQUISITION CORPORATION, a Delaware corporation (“Borrower”) and sets forth the terms and conditions upon which Lender will lend and Borrower will repay money. In consideration of the mutual covenants herein contained, the parties agree as follows:
INDEMNITY AGREEMENTIndemnity Agreement • July 20th, 2007 • SuccessFactors, Inc. • Delaware
This Indemnity Agreement (this “Agreement”), dated as of _, 2007, is made by and between SuccessFactors, Inc., a Delaware corporation (the “Company”), and , a director and/or officer of the Company (the “Indemnitee”).
SUCCESS ACQUISITION CORPORATION SERIES D PREFERRED STOCK PURCHASE AGREEMENT February 11, 2005Series D Preferred Stock Purchase Agreement • July 20th, 2007 • SuccessFactors, Inc. • California
This Series D Preferred Stock Purchase Agreement (this “Agreement”) is made as of February 11, 2005, by and among Success Acquisition Corporation, a Delaware corporation (the “Company”) and the purchasers of the Company’s Series D Preferred Stock listed on Exhibit A, hereto who are signatories to this Agreement (the “Purchasers”).
SUCCESS ACQUISITION CORPORATION SERIES E PREFERRED STOCK PURCHASE AGREEMENT May 19, 2006Series E Preferred Stock Purchase Agreement • July 20th, 2007 • SuccessFactors, Inc. • California
This Series E Preferred Stock Purchase Agreement (this “Agreement”) is made as of May 19, 2006, by and among Success Acquisition Corporation, a Delaware corporation (the “Company”) and the purchasers of the Company’s Series E Preferred Stock listed on Exhibit A hereto who are signatories to this Agreement (the “Purchasers”).
July 19, 2007 Lars Dalgaard President and Chief Executive Officer SuccessFactors, Inc. 1500 Fashion Island Blvd, Suite 300 San Mateo, CA 94404 Dear Lars:Employment Agreement • July 20th, 2007 • SuccessFactors, Inc. • California
On behalf of SuccessFactors, Inc. (the “Company”), this letter agreement (the “Agreement”) sets forth the terms and conditions of your employment with the Company, effective as of July 19, 2007 (the “Employment Date”), and supersedes all prior agreements and understandings concerning the terms of your employment.
SUCCESS ACQUISITION CORPORATION FOURTH AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENT May 19, 2006Investor Rights Agreement • July 20th, 2007 • SuccessFactors, Inc. • California
This Fourth Amended and Restated Investor Rights Agreement (this “Agreement”) is made effective as of May 19, 2006, by and among Success Acquisition Corporation, a Delaware corporation (the “Company”), and the investors listed on the Schedule of Purchasers attached hereto as Exhibit A who are signatories to this Agreement (the “Purchasers”).
PREFERRED STOCK PURCHASE WARRANTPreferred Stock Purchase Warrant • July 20th, 2007 • SuccessFactors, Inc. • California
WARRANT TO PURCHASE PREFERRED STOCK OF SUCCESS ACQUISITION CORPORATION Issued on April 19, 2007Warrant Agreement • July 20th, 2007 • SuccessFactors, Inc. • California
This certifies that for good and valuable consideration, KarrScheffel is entitled, subject to the terms and conditions of this Warrant, to purchase from Success Acquisition Corporation, a Delaware corporation (the “Company”), with principal offices at 999 Baker Way, Suite 500, San Mateo, CA 94404, at any time or from time to time prior to the earlier to occur of (i) a Liquidation Event, (ii) an Initial Public Offering, or (iii) 5:00 p.m. Pacific time on April 19, 2012 (the “Expiration Date”), up to that number of shares of Warrant Stock (as defined below) as may be purchased for the Maximum Purchase Amount at a price per share equal to the Warrant Price (as defined below), upon surrender of this Warrant at the principal offices of the Company, together with a duly executed subscription form in the form attached hereto as Exhibit 1 and simultaneous payment of the full Warrant Price for the shares of Warrant Stock so purchased in accordance with the terms hereof. The Warrant Price and th
Re: Lease dated as of August 24, 2006 (the “Lease”), by and between CLPF - BridgePointe, L.P., a Delaware Limited Partnership (“Landlord”), and Success Acquisition Corporation, a Delaware corporation, dba SuccessFactors (“Tenant”) for approximately...Lease Agreement • July 20th, 2007 • SuccessFactors, Inc. • California
FUNDAMENTAL LEASE PROVISIONS. This Lease is made and entered into as of August 24, 2006, by and between CLPF-BridgePointe, L.P., a Delaware Limited Partnership (“Landlord”) and the Tenant designated in Section 1.1 of these Fundamental Lease Provisions (the “FLP”).
e-business Hosting AgreementE-Business Hosting Agreement • July 20th, 2007 • SuccessFactors, Inc. • California
This e-business Hosting Agreement (“Agreement”) between International Business Machines Corporation (“IBM”) and Successfactors (“Customer”), sets forth the terms and conditions under which IBM will provide web hosting and related services (“Services”) to Customer. The Agreement includes the terms and conditions and the documents referenced herein (“Base Terms”), e-business hosting services order forms accepted by IBM (“Order Forms”), and applicable attachments referenced in Exhibit A of such Order Forms (“Attachments”) including Attachments for Services options selected by Customer (“Service Option Attachments”). In the event of a conflict between the Base Terms and an Attachment or an Order Form, the Base Terms will prevail, except where an Attachment, Order Form, or a provision contained therein expressly states that it will prevail over the Base Terms.
SUCCESS ACQUISITION CORPORATION SERIES C PREFERRED STOCK PURCHASE AGREEMENT May 7, 2004Series C Preferred Stock Purchase Agreement • July 20th, 2007 • SuccessFactors, Inc. • California
This Series C Preferred Stock Purchase Agreement (this “Agreement”) is made as of May 7, 2004, by and among Success Acquisition Corporation, a Delaware corporation (the “Company”) and the purchasers of the Company’s Series C Preferred Stock listed on Exhibit A hereto who are signatories to this Agreement (the “Purchasers”).
