PERSONAL AND CONFIDENTIAL March 1, 2008 BMC Software, Inc. 2101 Citywest Boulevard Houston, Texas 77042 Ladies and Gentlemen:Personal and Confidential • March 21st, 2008 • BMC Software Inc • Services-prepackaged software
In connection with the consideration of a possible negotiated transaction among BMC Software, Inc. (“BMC”) and BladeLogic, Inc. (the “Company”), each party has requested information concerning the other party that is confidential and proprietary. As a condition to being furnished such information, each party agrees to treat any information, whether written or oral, concerning the disclosing party or any of its subsidiaries, affiliates or divisions (whether prepared by the disclosing party, its advisors or otherwise) that is furnished to the recipient party by or on behalf of the disclosing party (herein collectively referred to as the “Evaluation Material”) in accordance with the provisions of this letter agreement and to take or abstain from taking certain other actions herein set forth. The term “Evaluation Material” includes, without limitation, all notes, analyses, compilations, Excel spread sheets, data, reports, studies, interpretations or other documents furnished to you or your
TENDER AND SUPPORT AGREEMENTTender and Support Agreement • March 21st, 2008 • BMC Software Inc • Services-prepackaged software • Delaware
This TENDER AND SUPPORT AGREEMENT (this “Agreement”), dated as of March 17, 2008, is by and among BMC Software, Inc., a Delaware corporation (“Parent”), Bengal Acquisition Corporation, a Delaware corporation and an indirect wholly owned subsidiary of Parent (“Purchaser”), and each of the individuals or entities set forth on Schedule A hereto (each, a “Stockholder”).
