INDEMNIFICATION AGREEMENTIndemnification Agreement • December 9th, 2009 • Financial Engines, Inc. • Delaware
This Indemnification Agreement (the “Agreement”), dated as of , 2010, between Financial Engines, Inc., a Delaware corporation (the “Corporation”), and (“Indemnitee”),
Lease Agreement By And Between Harbor Investment Partners, a California general partnership As Landlord And Financial Engines, Inc., a California corporation As Tenant Dated July 14, 1997Lease Agreement • December 9th, 2009 • Financial Engines, Inc. • California
This Lease Agreement is made and entered into by and between Landlord and Tenant on the Lease Date. The defined terms used in this Lease which are defined in the Basic Lease Information attached to this Lease Agreement (“Basic Lease Information”) shall have the meaning and definition given them in the Basic Lease Information. The Basic Lease Information, the exhibits, the addendum or addenda described in the Basic Lease Information, and this Lease Agreement are and shall be construed as a single instrument and are referred to herein as the “Lease”.
Partial Lease Termination AgreementPartial Lease Termination Agreement • December 9th, 2009 • Financial Engines, Inc. • California
This Partial Lease Termination Agreement (this “Agreement”) is made as of the 16th day of May, 2001, by and between Harbor Investment Partners, a California general partnership (“Landlord”), and Financial Engines, Inc., a California corporation (“Tenant”).
FINANCIAL ENGINES, INC. THIRD AMENDED AND RESTATED CONSULTING AGREEMENTConsulting Agreement • December 9th, 2009 • Financial Engines, Inc. • California
This Amended and Restated Consulting Agreement (this “Agreement”) is entered into as of October 1, 2009, by and between Financial Engines, Inc., a California corporation (the “Company”), and E. Olena Berg-Lacy (“Consultant”), and amends and restates that certain {Second} Amended and Restated Consulting Agreement dated as of October 16, 2007 (the “Prior Agreement”), by and between the Company and Consultant, which in turned amended and restated that certain {First} Amended and Restated Consulting Agreement, dated as of January 23, 2007, which in turn amended and restated that certain (i) Consulting Agreement dated as of May 1, 2002 and (ii) Consulting Agreement dated as of July 21, 1998, as amended by Amendment No. 1 thereto dated as of March 1, 2005 and Amendment No. 2 thereto dated as of January 27, 2006, each by and between the Company and Consultant.
SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 9th, 2009 • Financial Engines, Inc. • Delaware
THIS SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (together with any schedule, annex, or exhibit attached hereto, as the same may be amended, restated, or otherwise modified from time to time, this “Agreement”) is entered into as of April 20, 2009 (the “Second Amended and Restated Effective Date”) among SILICON VALLEY BANK, a California corporation (“Bank”), FINANCIAL ENGINES, INC., a California corporation (“Financial Engines”) and FINANCIAL ENGINES REINCORPORATION SUB, INC. (“Reincorporation Sub”) a Delaware corporation (each of Financial Engines and Reincorporation Sub may be referred to as a “Borrower” and collectively, “Borrowers”), and amends, restates, replaces and supersedes in its entirety that certain Amended and Restated Loan and Security Agreement dated as of June 26, 2008, (the “2008 Loan Agreement”) among Bank and Borrowers. Definitions of capitalized terms used in this Agreement are set forth in Section 13 below. The parties agree as follows:
FINANCIAL ENGINES, INC. CONSULTING AGREEMENTConsulting Agreement • December 9th, 2009 • Financial Engines, Inc. • California
This CONSULTING AGREEMENT dated as of March 5, 1998 (the “Agreement”), is entered into by and between FINANCIAL ENGINES, INC., a California corporation (with its wholly owned subsidiary Financial Engine Advisors LLC, a Delaware limited liability company, the “Company”), and WILLIAM F. SHARPE (“Consultant”).
FINANCIAL ENGINES, INC. FIFTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT December 20, 2004Investors’ Rights Agreement • December 9th, 2009 • Financial Engines, Inc. • California
This Fifth Amended and Restated Investors’ Rights Agreement (this “Agreement”) is made as of the 20th day of December 2004 by and among Financial Engines, Inc., a California corporation (the “Company”), the holder of shares of Common Stock listed on Exhibit A hereto (the “Common Holder”), the holders of Series A Preferred Stock, Series B Preferred Stock, Series C Preferred Stock, Series D Preferred Stock and Series E Preferred Stock listed on Exhibit A hereto (the “Series A Holders,” “Series B Holders,” “Series C Holders,” “Series D Holders” and “Series E Holders,” respectively, and collectively, the “Existing Preferred Holders”) and the holders of Series F Preferred Stock listed on Exhibit A hereto (the “Series F Holders,” together with the Common Holder and the Existing Preferred Holders, the “Investors”).
