MARKETO, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • February 26th, 2013 • Marketo, Inc. • Services-prepackaged software • Delaware
This Indemnification Agreement (this “Agreement”) is dated as of , 20 and is between Marketo, Inc., a Delaware corporation (the “Company”), and (“Indemnitee”).
MARKETO, INC. MANAGEMENT RETENTION AGREEMENTManagement Retention Agreement • February 26th, 2013 • Marketo, Inc. • Services-prepackaged software • California
This Management Retention Agreement (the “Agreement”) is made and entered into by and between Frederick Ball (the “Executive”) and Marketo, Inc. (the “Company”), effective as of the Effective Date. Initially capitalized terms herein shall have the meanings set forth in Section 5 of this Agreement or in such other section as they are defined.
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 26th, 2013 • Marketo, Inc. • Services-prepackaged software • Delaware
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of May 21, 2012 (the “Effective Date”) between SILICON VALLEY BANK, a California corporation (“Bank”), and MARKETO, INC., a Delaware corporation (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
January 13, 2012 Jason Holmes Dear Jason: Marketo, Inc. (the “Company”) is pleased to offer you employment on the following terms:Employment Agreement • February 26th, 2013 • Marketo, Inc. • Services-prepackaged software • California
MARKETO, INC. AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT November 15, 2011Investors’ Rights Agreement • February 26th, 2013 • Marketo, Inc. • Services-prepackaged software • California
THIS AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (the “Agreement”) is made as of November 15, 2011, by and among Marketo, 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 as the “Investors.”
NON-COMPETITION AND NON-SOLICITATION AGREEMENTNon-Competition and Non-Solicitation Agreement • February 26th, 2013 • Marketo, Inc. • Services-prepackaged software • California
This Non-Competition and Non-Solicitation Agreement (the “Agreement”) is being executed and delivered as of April 17, 2012 by Sanjay Dholakia (“Stockholder”) in favor and for the benefit of Marketo, Inc, a Delaware corporation (“Acquiror”). All capitalized terms used but not defined herein shall have the respective meanings ascribed thereto in the Merger Agreement (as defined below).
OFFICE LEASE SAN MATEO BAYCENTER SAN MATEO BAYCENTER II SAN MATEO, CALIFORNIA Between CA-SAN MATEO BAYCENTER LIMITED PARTNERSHIP, a Delaware limited partnership as Landlord, and MARKETO, INC., a California corporation as TenantOffice Lease • February 26th, 2013 • Marketo, Inc. • Services-prepackaged software • California
This Office Lease (this “Lease”), dated as of the date set forth in Section 1.1, is made by and between CA-SAN MATEO BAYCENTER LIMITED PARTNERSHIP, a Delaware limited partnership (“Landlord”), and MARKETO, INC., a California corporation (“Tenant”). The following exhibits are incorporated herein and made a part hereof: Exhibit A (Outline of Premises); Exhibit B (Work Letter); Exhibit B-1 (Initial Landlord Work Plans); Exhibit C (Form of Confirmation Letter); Exhibit D (Rules and Regulations); Exhibit E (Judicial Reference); Exhibit F (Additional Provisions); Exhibit G (Asbestos Notification); Exhibit H (Potential Offering Space) and Exhibit I (HVAC Specifications).
April 5, 2011 Fred Ball Dear Fred: Marketo, Inc. (the “Company”) is pleased to offer you employment on the following terms:Employment Agreement • February 26th, 2013 • Marketo, Inc. • Services-prepackaged software • California
May 7, 2008 William Binch Dear Bill: Marketo, Inc. (the “Company”) is pleased to offer you employment on the following terms:Employment Agreement • February 26th, 2013 • Marketo, Inc. • Services-prepackaged software • California
