EMPLOYMENT AGREEMENTEmployment Agreement • October 1st, 2004 • XML Global Technologies Inc • Services-prepackaged software • Texas
THIS EMPLOYMENT AGREEMENT (this "Agreement"), effective as of the 27th day of September, 2004, is by and among XFORMITY, INC., a Texas corporation (the "Company"), with offices at 14333 Proton Drive, Dallas, Texas 75244; and CHRIS BALL, an individual and a resident of the State of Texas, with an address at c/o XFormity, Inc., 14333 Proton Drive, Dallas, Texas 75244 (the "Executive").
ContractIndemnification & Liability • October 1st, 2004 • XML Global Technologies Inc • Services-prepackaged software • Colorado
This B-50 INDEMNITY AGREEMENT, dated as of the 27th day of September, 2004, is hereby entered into by and between XFORMITY, INC., a Texas corporation ("XFM"); and XML - GLOBAL TECHNOLOGIES, INC., a Colorado corporation ("XML"). XFM and XML are hereinafter sometimes referred to herein individually as a "party" and collectively as the "parties".
CLOSING ESCROW AGREEMENTClosing Escrow Agreement • October 1st, 2004 • XML Global Technologies Inc • Services-prepackaged software • Illinois
THIS CLOSING ESCROW AGREEMENT, dated as of the 27th day of September, 2004 (sometimes hereinafter referred to as this "Escrow Agreement" or this "Agreement"), is by and among XFORMITY, INC., a Texas corporation ("XFM"), XML - GLOBAL TECHNOLOGIES, INC., a Colorado corporation ("XML") and CLIFFORD L. NEUMAN, P.C. (the "Escrow Agent").
HOLDBACK ESCROW AGREEMENTHoldback Escrow Agreement • October 1st, 2004 • XML Global Technologies Inc • Services-prepackaged software • Illinois
This HOLDBACK ESCROW AGREEMENT, dated as of the 27th day of September, 2004 (sometimes hereinafter referred to as this "Escrow Agreement" or this "Agreement"), is by and among Mark Haugejorde (the "XFM Shareholder"), the largest shareholder of XFormity Technologies, Inc., a Texas corporation, and XML - GLOBAL TECHNOLOGIES, INC., a Colorado corporation ("XML"), and CLIFFORD L. NEUMAN, P.C. (the "Escrow Agent"). The XFM Shareholder and XML are hereinafter sometimes individually referred to herein as a "party" and collectively as the "parties".
INDEMNITY AGREEMENTIndemnification Agreement • October 1st, 2004 • XML Global Technologies Inc • Services-prepackaged software • Texas
This INDEMNITY AGREEMENT, effective as of the 27th day of September, 2004 (the "Effective Date"), is hereby entered into by and among XFORMITY, INC., a Texas corporation, together with any successor entity (collectively, "XFM"); and PARADIGM GROUP II, LLC, a Delaware limited liability company ("Paradigm Group"); and PARADIGM MILLENNIUM FUND, L.P., a Delaware limited partnership (together with Paradigm Group being collectively referred to herein as "Paradigm"). XFM and Paradigm are hereinafter sometimes referred to herein individually as a "party" and collectively as the "parties".
ESCROW AGREEMENTEscrow Agreement • October 1st, 2004 • XML Global Technologies Inc • Services-prepackaged software • Illinois
This ESCROW AGREEMENT, effective as of the 27th day of September, 2004 (the "Effective Date") (sometimes hereinafter referred to as this "Escrow Agreement" or this "Agreement"), by and among PARADIGM GROUP II, LLC; PARADIGM MILLENNIUM FUND, L.P. (collectively "Paradigm"); and XFORMITY, INC., a Texas corporation ("XFM"); and CLIFFORD L. NEUMAN, P.C. (the "Escrow Agent"). Paradigm, XFM and the Escrow Agent are hereinafter sometimes individually referred to herein as a "party" and collectively as the "parties".
AGREEMENT AND PLAN OF MERGER BY AND AMONG XFORMITY, INC. AND AND DATED AS OF AUGUST 13, 2004 EXHIBITSMerger Agreement • October 1st, 2004 • XML Global Technologies Inc • Services-prepackaged software • Colorado
THIS AGREEMENT AND PLAN OF MERGER (the "Agreement") is made and entered into this ___ day of August, 2004, by and among XFORMITY INC., a Texas corporation ("XFM"); XML - GLOBAL TECHNOLOGIES, INC., a Colorado corporation ("XML"); and XML ACQUISITION CORP., a Colorado Subsidiary of XML ("XAC"). XFM, XML and XAC are hereinafter sometimes individually referred to as a "party" and collectively as the "parties".
