0000950123-19-002123 Sample Contracts

Contract
Warrant Agreement • February 14th, 2019 • Fastly, Inc. • Services-prepackaged software • 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 AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.

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FASTLY, INC. CHANGE OF CONTROL AND RETENTION AGREEMENT
Change of Control and Retention Agreement • February 14th, 2019 • Fastly, Inc. • Services-prepackaged software • California

This Change of Control and Retention Agreement (the “Agreement”) is made and entered into by and between Wolfgang Maasberg (the “Executive”) and Fastly, Inc. (the “Company”), as of 10/11/2016.

Contract
Warrant Agreement • February 14th, 2019 • Fastly, Inc. • Services-prepackaged software • California

THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 AS AMENDED (the “1933 ACT”), OR ANY STATE SECURITIES LAWS. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT RELATED THERETO OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO YOU THAT SUCH REGISTRATION IS NOT REQUIRED UNDER THE 1933 ACT, OR ANY APPLICABLE STATE SECURITIES LAWS.

SILICON VALLEY BANK $30,000,000.00 SECOND LIEN CREDIT FACILITIES CREDIT AGREEMENT dated as of December 24, 2018, among FASTLY, INC., as the Borrower, THE SEVERAL LENDERS FROM TIME TO TIME PARTY HERETO, and SILICON VALLEY BANK, as Administrative Agent
Credit Agreement • February 14th, 2019 • Fastly, Inc. • Services-prepackaged software • California

THIS CREDIT AGREEMENT (this “Agreement”), dated as of December 24, 2018, is entered into by and among FASTLY, INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time party to this Agreement (each a “Lender” and, collectively, the “Lenders”) and SILICON VALLEY BANK (“SVB”), as administrative agent and collateral agent for the Lenders (in such capacities, the “Administrative Agent”).

FIRST AMENDMENT TO LEASE
Lease • February 14th, 2019 • Fastly, Inc. • Services-prepackaged software

THIS FIRST AMENDMENT TO LEASE (“First-Amendment”), dated as of the 27th day of May, 2015 (the “Effective Date”), is between CLPF-475 BRANNAN STREET, L.P., a Delaware limited partnership (“Landlord”) and FASTLY, INC., a Delaware corporation (“Tenant”).

INDEPENDENT CONTRACTOR SERVICES AGREEMENT [Non-U.S. Contractors]
Independent Contractor Services Agreement • February 14th, 2019 • Fastly, Inc. • Services-prepackaged software • California

THIS AGREEMENT is made as of October 28_, 2013, (“Effective Date”) by and between FASTLY, INC. and its successors or assignees (“Company”) and the undersigned [POSSIBILITIES TRAINING GROUP] (“Contractor”).

SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • February 14th, 2019 • Fastly, Inc. • Services-prepackaged software • Delaware

THIS SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of November 1, 2017 (the “Effective Date”) between SILICON VALLEY BANK, a California corporation (“Bank”), and FASTLY, INC., a Delaware corporation (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. This Agreement amends and restates in its entirety, and replaces, the terms of (and obligations outstanding under) that certain Amended and Restated Loan and Security Agreement between Borrower and Bank dated as of November 21 2014, as amended by that certain First Amendment to Amended and Restated Loan and Security Agreement dated as of August 11, 2016, between Borrower and Bank, as amended by that certain Second Amendment to Amended and Restated Loan and Security Agreement dated as of February 8, 2017, between Borrower and Bank, and as further amended by that certain Third Amendment to Amended and Restated Loan and Security Agreement dated as of March

Contract
Warrant Agreement • February 14th, 2019 • Fastly, Inc. • Services-prepackaged software • 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 AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.

FIRST AMENDMENT TO WARRANT TO PURCHASE STOCK
Warrant to Purchase Stock • February 14th, 2019 • Fastly, Inc. • Services-prepackaged software

THIS FIRST AMENDMENT to Warrant to Purchase Stock (this “Amendment”) is entered into this 30th day of September, 2013, by and between SVB Financial Group (“SVBFG”) and Fastly, Inc., a Delaware corporation (the “Company”).

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