AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 9th, 2011 • Fusion-Io, Inc. • Delaware
THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of September 13, 2010 (the “Effective Date”) between SILICON VALLEY BANK, a California corporation (“Bank”), and FUSION-IO, 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:
AMENDED AND RESTAED EMPLOYMENT AGREEMENTEmployment Agreement • March 9th, 2011 • Fusion-Io, Inc. • Utah
THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into as of December 31, 2008 (the “Effective Date”), by and among Fusion Multisystems, Inc., a Nevada corporation (the “Company”), Rick White, an individual (“Executive”), and West Coast Ventures, LLC (“WCV”).
FUSION-IO, INC. INVOLUNTARY TERMINATION SEVERANCE AGREEMENTInvoluntary Termination Severance Agreement • March 9th, 2011 • Fusion-Io, Inc. • California
THIS INVOLUNTARY TERMINATION SEVERANCE AGREEMENT (this “Agreement”) is made and entered into by and between _________ (“Employee”) and Fusion-io, Inc. (the “Company”), effective as of __________ (the “Effective Date”).
TRANSITION AGREEMENT AND RELEASE RECITALSTransition Agreement and Release • March 9th, 2011 • Fusion-Io, Inc. • Utah
This Transition Agreement and Release (“Agreement”) is made by and between David R. Bradford (“Bradford”) and Fusion-io, Inc. (“Fusion-io” and together with its subsidiaries, the “Fusion-io Group”) (and Bradford together with Fusion-io, the “Parties”).
LEASE AGREEMENT BETWEEN NOP COTTONWOOD 2825, LLC, a Delaware limited liability company, as Landlord and FUSION MULTISYSTEMS, INC., a Nevada corporation, d/b/a FUSION-IO, as Tenant DATED May 28, 2010Lease Agreement • March 9th, 2011 • Fusion-Io, Inc. • Utah
THIS LEASE AGREEMENT (the “Lease”) is entered into effective as of May 28, 2010, between NOP COTTONWOOD 2825, LLC, a Delaware limited liability company (“Landlord”), and FUSION MULTISYSTEMS, INC., a Nevada corporation, d/b/a FUSION-IO (“Tenant”).
ContractWarrant Agreement • March 9th, 2011 • Fusion-Io, Inc. • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.
ContractCommon Stock Purchase Warrant • March 9th, 2011 • Fusion-Io, Inc. • Utah
NEITHER THIS SECURITY NOR THE SECURITIES ISSUABLE UPON EXERCISE HEREOF HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 OR ANY STATE SECURITIES LAWS AND SUCH SECURITIES MAY NOT BE TRANSFERRED OR OTHERWISE DISPOSED OF UNLESS THEY HAS BEEN REGISTERED UNDER SUCH ACT AND ALL SUCH APPLICABLE LAWS OR AN EXEMPTION FROM REGISTRATION IS AVAILABLE AND THE COMPANY SHALL HAVE RECEIVED AN OPINION OF COUNSEL IN A FORM REASONABLY SATISFACTORY TO THE COMPANY THAT SUCH REGISTRATION IS NOT REQUIRED.
ContractStock Option Agreement • March 9th, 2011 • Fusion-Io, Inc. • Delaware
THIS STOCK OPTION AGREEMENT (this “Option Agreement”) dated _________, by and between Fusion-io, Inc., a Delaware corporation (the “Corporation”), and __________ (the “Optionee”) evidences the stock option (the “Option”) granted by the Corporation to the Optionee as to the number of shares of the Corporation’s common stock, par value $0.0002 per share (the “Common Stock”), first set forth below.
LEASE AGREEMENT BETWEEN NOP COTTONWOOD 2855, LLC, a Delaware limited liability company, as Landlord and FUSION MULTISYSTEMS, INC., a Nevada corporation, d/b/a FUSION-IO, as Tenant DATED May 28, 2010Lease Agreement • March 9th, 2011 • Fusion-Io, Inc. • Utah
THIS LEASE AGREEMENT (the “Lease”) is entered into effective as of May 28, 2010, between NOP COTTONWOOD 2855, LLC, a Delaware limited liability company (“Landlord”), and FUSION MULTISYSTEMS, INC., a Nevada corporation, d/b/a FUSION-IO (“Tenant”).
FUSION MULTISYSTEMS, INC. SECOND AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT April 7, 2010Investors’ Rights Agreement • March 9th, 2011 • Fusion-Io, Inc. • California
THIS SECOND AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (this “Agreement”) is made as of April 7, 2010, by and among Fusion Multisystems, Inc., a Nevada corporation (the “Company”), David Flynn (together with his affiliated entity, Sandusky Investments, Ltd.) and Rick White (together with his affiliated entity, West Coast VC, LLC) (each, a “Founder” and collectively, the “Founders,” and in each case together with their affiliated entities), certain holders of the Company’s common stock set forth on Exhibit A hereto (the “Common Stock”) and future holders or potential holders of Common Stock who become parties hereto (together with the Founders, the “Common Holders”), the investors set forth on Exhibit A hereto (each, a “Series C Investor” and collectively, the “Series C Investors”), and the holders of the Company’s Series A Preferred Stock (the “Series A Preferred Stock”) and/or the Company’s Series B Preferred Stock (the “Series B Preferred Stock”) set forth on Exhibit A hereto (
OFFICE LEASE AGREEMENT CALIFORNIAOffice Lease Agreement • March 9th, 2011 • Fusion-Io, Inc.
THIS OFFICE LEASE AGREEMENT (the “Lease”) is made and entered into as of the 29 day of May, 2009, by and between BIXBY TECHNOLOGY CENTER, LLC, a Delaware limited liability company (“Landlord”) and FUSION-IO, a Nevada corporation (“Tenant”). Pursuant to the terms of this Lease, Landlord agrees to lease the Premises (hereinafter defined) to Tenant and Tenant agrees to lease the Premises from Landlord. The Lease includes the following exhibits and attachments: Exhibit A (Outline and Location of Premises), Exhibit B (Expenses and Taxes), Exhibit C (Work Letter), Exhibit D (Building Rules and Regulations), Exhibit E (Additional Provisions), Exhibit F (Form Letter of Credit), and Exhibit G (List of Existing Fixtures).
AMENDMENT NUMBER ONE TO AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • March 9th, 2011 • Fusion-Io, Inc. • Utah
This Amendment Number One (this “Amendment”) to Amended and Restated Employment Agreement, by and among Fusion-io, Inc. a Delaware corporation (the “Company”), Rick White, an individual (“Executive”) and West Coast VC, LLC, a Delaware limited liability company (“WCV”) (collectively, the “Parties”), is dated as of March 7, 2011 and amends the Amended and Restated Employment Agreement by and among the Company, Executive and WCV dated December 31, 2008 (the “Prior Agreement”).
