ADDENDUM 3Addendum 3 • November 9th, 2006 • Double-Take Software, Inc. • Services-prepackaged software
This Addendum 3 becomes part of the Xcelerate Partner Agreement (the “Agreement”), dated August 2, 2001, between NSI and Sunbelt Software Distribution Inc. (“VAR”)
SHARES PURCHASE AGREEMENT dated as of May 23, 2006 among NSI SOFTWARE, INC. and the SHAREHOLDERS OF SUNBELT SYSTEM SOFTWARE S.A.S.Shares Purchase Agreement • November 9th, 2006 • Double-Take Software, Inc. • Services-prepackaged software • New York
THIS SHARES PURCHASE AGREEMENT, dated as of May 23, 2006 (this “Agreement”), is entered into by and among NSI SOFTWARE, INC., a Delaware corporation with its principal place of business located at 257 Turnpike Road, Southboro, MA 01772, USA (“NSI”), and (i) SUNBELT INTERNATIONAL S.A.R.L., a limited liability company existing under the laws of the Republic of France, and (ii) Mr. Jo MURCIANO, residing at 7, Allée Jean Houdon, 92500 Rueil-Malmaison, France (collectively, the “Sunbelt Shareholders”) as the holders of all of the shares of SUNBELT SYSTEM SOFTWARE S.A.S., a société par actions simplifiée existing under the laws of the Republic of France, with a share capital of €37,000, having its corporate headquarters located at 116-118 avenue Paul Doumer 92500 Rueil-Malmaison, identified under number 389 300 690 RCS Nanterre (“Sunbelt”).
LOAN MODIFICATION AGREEMENTLoan Modification Agreement • November 9th, 2006 • Double-Take Software, Inc. • Services-prepackaged software
This Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of April 26, 2004, by and between SILICON VALLEY BANK, a California-chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462, doing business under the name “Silicon Valley East” (“Bank”) and NSI SOFTWARE, INC., successor by merger with NETWORK SPECIALISTS, INCORPORATED, a Delaware corporation, with offices at Two Hudson Place, Suite 700, Hoboken, New Jersey 07030 (“Borrower”).
LEASE AGREEMENT THIS LEASE AGREEMENT made and entered into between E-L Allison Pointe II, LLP (“Landlord”) and Network Specialists, Incorporated (“Tenant”).Lease Agreement • November 9th, 2006 • Double-Take Software, Inc. • Services-prepackaged software
AMENDMENT 55 • November 9th, 2006 • Double-Take Software, Inc. • Services-prepackaged software
This Amendment 6 becomes part of the Xcelerate Partner Agreement (the “Agreement”), dated August 02, 2001, between NSI and Sunbelt Software Distribution Inc. (“VAR”).
AMENDMENT 9Xcelerate Partner Agreement • November 9th, 2006 • Double-Take Software, Inc. • Services-prepackaged software
This Amendment 9 becomes part of the Xcelerate Partner Agreement (the “Agreement”), dated August 2, 2001, between NSI Software, Inc. located at 257 Turnpike Road, Suite 210, Southborough, MA 01772 and Sunbelt Software Distribution Inc., located at 101 North Garden Avenue, Clearwater, Florida 33755 (“VAR”).
AMENDMENT 33 • November 9th, 2006 • Double-Take Software, Inc. • Services-prepackaged software
This Amendment 3 becomes part of the PRODUCT LICENSE AND DISTRIBUTION (the “Agreement”), dated December 10, 2001, between NSI and Dell Computer Corporation (“Dell”).
AMENDMENT 4 Effective Date: July 25, 2003Product License and Distribution • November 9th, 2006 • Double-Take Software, Inc. • Services-prepackaged software
This Amendment 4 becomes part of the PRODUCT LICENSE AND DISTRIBUTION (the “Agreement”), dated December 10, 2001, between NSI and Dell Computer Corporation (“Dell”). The term of this Amendment 4 is six (6) months from the effective date of this Amendment 4.
AMENDMENTNinth Amendment • November 9th, 2006 • Double-Take Software, Inc. • Services-prepackaged software
This Ninth Amendment (“Ninth Amendment”) to the Product License and Distribution Agreement is between NSI Software, Inc. with its principal offices located at 257 Turnpike Road, Suite 210, Southborough, MA 01772 (“NSI”) and Dell Products, L.P. with its principal offices located at (“Dell”), is effective as of January 31, 2006 (the “Amendment Effective Date”) and amends the Product License and Distribution Agreement entered into between NSI and Dell dated December 10, 2001, as amended by the parties in Amendments 1 thru 4 (collectively, the “Agreement”). In consideration of the foregoing and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree to amend the Agreement as set forth below:
THIRD LOAN MODIFICATION AGREEMENTThird Loan Modification Agreement • November 9th, 2006 • Double-Take Software, Inc. • Services-prepackaged software
This Third Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of July 21, 2004, by and between SILICON VALLEY BANK, a California-chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462, doing business under the name “Silicon Valley East” (“Bank”) and NSI SOFTWARE, INC., successor by merger with NETWORK SPECIALISTS, INCORPORATED, a Delaware corporation with offices at Two Hudson Place, Suite 700, Hoboken, New Jersey 07030 (“Borrower”).
FIRST AMENDMENT TO LEASE AGREEMENTLease Agreement • November 9th, 2006 • Double-Take Software, Inc. • Services-prepackaged software
This First Amendment to Lease Agreement (“Amendment”) is entered into this 15th day of June, 2000, by and between E-L Allison Pointe II, LLP (“Landlord”) and Network Specialists, Incorporated (“Tenant”).
EIGHTH LOAN MODIFICATION AGREEMENTEighth Loan Modification Agreement • November 9th, 2006 • Double-Take Software, Inc. • Services-prepackaged software
This Fifth Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of March ___, 2006, by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462, doing business under the name “Silicon Valley East” (“Bank”) and NSI SOFTWARE, INC., successor by merger with NETWORK SPECIALISTS, INCORPORATED, a Delaware corporation, with offices at Two Hudson Place, Suite 700, Hoboken, New Jersey 07030 (“Borrower”).
Xcelerate! Partner AgreementXcelerate! Partner Agreement • November 9th, 2006 • Double-Take Software, Inc. • Services-prepackaged software • New Jersey
This Xcelerate! Partner Agreement (Agreement), effective as of the last date written below, is made by and between Network Specialists Inc. (hereinafter referred to as “NSI”), incorporated under the laws of New Jersey, having its principal place of business at Two Hudson Place, Hoboken, NJ 07030, and Sunbelt Software Distribution Inc. (hereinafter referred to as “VAR”), having its principal place of business at 101 North Garden Avenue, Clearwater, Florida 33755.
