INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • July 28th, 2008 • Axs One Inc • Services-prepackaged software • New York
This Agreement is being entered into pursuant to the Convertible Note and Warrant Purchase Agreement, dated as of the date hereof, by and among the Company and the Purchasers (the “Purchase Agreement”).
Void after July 24, 2015 Warrant No. 2008-Common Stock Purchase Warrant • July 28th, 2008 • Axs One Inc • Services-prepackaged software • New York
THIS SECURITY AND ANY SHARES ISSUED UPON THE EXERCISE OR CONVERSION OF THIS SECURITY HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN COMPLIANCE WITH APPLICABLE STATE SECURITIES LAWS OR BLUE SKY LAWS.
ContractSecured Convertible Promissory Note • July 28th, 2008 • Axs One Inc • Services-prepackaged software • New York
THIS NOTE AND THE RIGHTS PROVIDED HEREIN ARE SUBJECT IN ALL RESPECTS TO THE TERMS OF THE AMENDED AND RESTATED SUBORDINATION AGREEMENT OF EVEN DATE HEREWITH BETWEEN THE AGENT OF THE PAYEE AND SAND HILL FINANCE, LLC.
AMENDED AND RESTATED SUBORDINATION AGREEMENTSubordination Agreement • July 28th, 2008 • Axs One Inc • Services-prepackaged software • California
This Amended and Restated Subordination Agreement is made as of July 24, 2008 by and between BlueLine Capital Partners, LP, a Delaware limited partnership, as agent (“Agent”) for the secured parties under the Security Agreement (as defined below), and Sand Hill Finance, LLC (“SHF”).
SECOND SECURITY AGREEMENT AMENDMENTSecurity Agreement • July 28th, 2008 • Axs One Inc • Services-prepackaged software • New York
This SECOND SECURITY AGREEMENT AMENDMENT (the “Amendment”) is made as of July 24, 2008 between BlueLine Capital Partners, LP, a Delaware limited partnership with an office located at 4115 Blackhawk Plaza Circle, Suite 100, Danville, CA 94596, as agent (hereinafter, in such capacity, the “Agent”) for itself and the other lenders listed on the signature pages hereto (hereinafter, collectively, the “Secured Parties”), the Secured Parties and AXS-One Inc., a Delaware corporation with its principal executive offices located at 301 Route 17 North, Rutherford, NJ 07070, Attention: President (the “Debtor”).
CONVERTIBLE NOTE AND WARRANT PURCHASE AGREEMENT by and among AXS-One Inc. and the parties named herein on Schedule 1, as Purchasers July 24, 2008Convertible Note and Warrant Purchase Agreement • July 28th, 2008 • Axs One Inc • Services-prepackaged software • New York
This CONVERTIBLE NOTE AND WARRANT PURCHASE AGREEMENT (this “Agreement”) is dated as of July 24, 2008, among AXS-One Inc., a Delaware corporation (the “Company”), and the purchasers identified on Schedule 1 hereto (each a “Purchaser” and collectively the “Purchasers”).
SECOND INVESTOR RIGHTS AGREEMENT AMENDMENTInvestor Rights Agreement • July 28th, 2008 • Axs One Inc • Services-prepackaged software • New York
This Second Investor Rights Agreement Amendment, dated as of July 24, 2008 (this “Second Amendment”), amends the Investor Rights Agreement, dated as of November 16, 2007 (as amended pursuant to the First Amendment (as defined below), the “Agreement”), by and among AXS-One Inc., a Delaware corporation (the “Company”), and the purchasers listed on Schedule 1 attached thereto (the “Purchasers”). Terms not otherwise defined herein which are defined in the Agreement shall have the same respective meanings herein as therein.
INVESTOR RIGHTS AGREEMENT WAIVER AND MODIFICATIONInvestor Rights Agreement • July 28th, 2008 • Axs One Inc • Services-prepackaged software • New York
This Investor Rights Agreement Waiver and Modification, dated as of July 24, 2008 (this “Modification”), amends the Investor Rights Agreement, dated as of May 29, 2007 (the “Agreement”), by and among AXS-One Inc., a Delaware corporation (the “Company”), and the purchasers listed on Schedule 1 attached thereto (the “Purchasers”). Terms not otherwise defined herein which are defined in the Agreement shall have the same respective meanings herein as therein.
AXS-ONE INC. Waiver and Termination of Participation Rights; Joinder to New Participation RightsWaiver and Termination of Participation Rights; Joinder to New Participation Rights • July 28th, 2008 • Axs One Inc • Services-prepackaged software
