THIRD AMENDMENT OF AMENDED AND RESTATED OFFICE LEASEOffice Lease • September 10th, 2007 • Aprimo, INC
THIS THIRD AMENDMENT OF AMENDED AND RESTATED OFFICE LEASE (the “Amendment”) is executed this 31 day of January, 2006, by and between DUKE REALTY LIMITED PARTNERSHIP, an Indiana limited partnership (“Landlord”), and APRIMO, INCORPORATED, a Delaware corporation (“Tenant”).
NOTE: The stock option grant below is being issued to you in relation to <<Comments>> APRIMO INCORPORATED INCENTIVE STOCK OPTION AGREEMENTAprimo, INC • September 10th, 2007
Grant of Option, You are hereby granted the option to purchase shares of the no par value common shares (the “Common Shares”) of Aprimo, Incorporated, a Delaware corporation (the “Company”), pursuant to the Aprimo Incorporated Employee Stock Option Plan dated November 1, 1998 as it may be amended from time to time (the “Plan”) and this Incentive Stock Option Agreement (the “Agreement”) on the following terms and conditions:
FIRST LOAN MODIFICATION AGREEMENTFirst Loan Modification Agreement • September 10th, 2007 • Aprimo, INC
This First Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of June 13, 2005, 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 (“Bank”) and APRIMO, INCORPORATED, a Delaware corporation with its chief executive office located at 510 East 96th Street, Suite 300, Indianapolis, Indiana 46240 (“Borrower”).
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • September 10th, 2007 • Aprimo, INC • Delaware
This LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of September 30, 2004, 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 230 West Monroe, Suite 720, Chicago,Illinois 60606 (“Bank”) and APRIMO, INCORPORATED, 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 RESTATED REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • September 10th, 2007 • Aprimo, INC
THIS AGREEMENT is made as of December 21, 2005, by and among Aprimo, Incorporated, a Delaware corporation (the “Company”), the Persons listed on Schedule I attached hereto as a “Investor” (collectively referred to herein as the “Investors” and individually as an “Investor”), Lighthouse Capital Partners IV, L.P. (“Lighthouse”), Silicon Valley Bank (“SVB”) and ORIX Venture Finance LLC (“ORIX”). The Investors, Lighthouse, SVB and ORIX shall hereinafter be collectively referred to as the “Holders.”
