INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • November 16th, 2007 • Axs One Inc • Services-prepackaged software • New York
This Agreement is being entered into pursuant to the Convertible Note and Warrant Purchase Agreement, dated as of the date hereof, by and among the Company and the Purchasers (the “Purchase Agreement”).
Void after November 16, 2014 Warrant No. 2007(2)-Common Stock Purchase Warrant • November 16th, 2007 • Axs One Inc • Services-prepackaged software • New York
THIS SECURITY AND ANY SHARES ISSUED UPON THE EXERCISE OR CONVERSION OF THIS SECURITY HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN COMPLIANCE WITH APPLICABLE STATE SECURITIES LAWS OR BLUE SKY LAWS.
ContractSecured Convertible Promissory Note • November 16th, 2007 • Axs One Inc • Services-prepackaged software • New York
THIS NOTE AND THE RIGHTS PROVIDED HEREIN ARE SUBJECT IN ALL RESPECTS TO THE TERMS OF THE AMENDED AND RESTATED SUBORDINATION AGREEMENT OF EVEN DATE HEREWITH BETWEEN THE AGENT OF THE PAYEE AND SILICON VALLEY BANK.
CONVERTIBLE NOTE AND WARRANT PURCHASE AGREEMENT by and among AXS-One Inc. and the parties named herein on Schedule 1, as Purchasers November 13, 2007Convertible Note and Warrant Purchase Agreement • November 16th, 2007 • Axs One Inc • Services-prepackaged software • New York
This CONVERTIBLE NOTE AND WARRANT PURCHASE AGREEMENT (this “Agreement”) is dated as of November 13, 2007, among AXS-One Inc., a Delaware corporation (the “Company”), and the purchasers identified on Schedule 1 hereto (each a “Purchaser” and collectively the “Purchasers”).
FIRST LOAN MODIFICATION AGREEMENTLoan Modification Agreement • November 16th, 2007 • Axs One Inc • Services-prepackaged software
This First Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of November 12, 2007, 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 (“Bank”) and AXS-ONE INC., a Delaware corporation with its chief executive office located at 301 Route 17 North, Rutherford, New Jersey 07070 (“Borrower”).
AMENDED AND RESTATED SUBORDINATION AGREEMENTSubordination Agreement • November 16th, 2007 • Axs One Inc • Services-prepackaged software • California
This Amended and Restated Subordination Agreement is made as of November 16, 2007, by and between BLUELINE CAPITAL PARTNERS, LP, as Agent for the secured parties, with an office at 4115 Blackhawk Plaza Circle, Suite 100, Danville, CA 94596 (“Creditor”), and 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 2221 Washington Street, Suite 200, Newton, Massachusetts 02462 (“Bank”).
SECURITY AGREEMENT AMENDMENTSecurity Agreement • November 16th, 2007 • Axs One Inc • Services-prepackaged software • New York
This SECURITY AGREEMENT AMENDMENT (the “Amendment”) is made as of November 16, 2007 between BlueLine Capital Partners, LP, a Delaware limited partnership with an office located at 4115 Blackhawk Plaza Circle, Suite 100, Danville, CA 94596, as agent (hereinafter, in such capacity, the “Agent”) for itself and the other lenders listed on the signature page hereto (hereinafter, collectively, the “Secured Parties”) and AXS-One Inc., a Delaware corporation with its principal executive offices located at 301 Route 17 North, Rutherford, NJ 07070, Attention: President (the “Debtor”).
