AMENDED AND RESTATED SECURITY AGREEMENTSecurity Agreement • April 29th, 2008 • Firepond, Inc. • Services-advertising • New York
AMENDED AND RESTATED SECURITY AGREEMENT, dated as of April 24, 2008 (this “Agreement”) made by Firepond, Inc. (formerly, FP Technology, Inc., a Delaware Corporation) (the “Company”), in favor of Radcliffe SPC, Ltd. for and on behalf of the Class A Segregated Portfolio, a Cayman Islands segregated portfolio company, in its capacity as collateral agent for the Holders (as defined below) (in such capacity and together with its successors in such capacity, the “Collateral Agent”).
AMENDMENT AND EXCHANGE AGREEMENTAmendment and Exchange Agreement • April 29th, 2008 • Firepond, Inc. • Services-advertising • New York
AMENDMENT AND EXCHANGE AGREEMENT (the “Agreement”), dated as of April 24, 2008, by and among Firepond, Inc. (formerly known as FP Technology, Inc.), a Delaware corporation, with headquarters located at 205 Newbury Street, Suite 204, Framingham, MA 01701 (the ”Company”) and _________________________________________ (the “Investor”).
FIREPOND, INC. COMMON STOCK PURCHASE AGREEMENT APRIL 24, 2008Common Stock Purchase Agreement • April 29th, 2008 • Firepond, Inc. • Services-advertising • Texas
THIS COMMON STOCK PURCHASE AGREEMENT (the “Agreement”) is entered into as of April 24, 2008 by and between Firepond, Inc., a Delaware corporation (the “Company”), and FP Tech Holdings, LLC, a Texas limited liability company (the “Investor”).
AMENDED AND RESTATED COLLATERAL AGENCY AND SECURITY AGREEMENTCollateral Agency and Security Agreement • April 29th, 2008 • Firepond, Inc. • Services-advertising • New York
AMENDED AND RESTATED COLLATERAL AGENCY AND SECURITY AGREEMENT, dated as of April 24, 2008 (this “Agreement”) made by Firepond, Inc., a Delaware corporation (the “Company”), in favor of THE BANK OF NEW YORK, a New York banking corporation, in its capacity as collateral agent for the Holders (as defined below) (in such capacity and together with its successors in such capacity, the “Collateral Agent”).
COMPANY AGREEMENT OF CWC HOLDINGS, LLCCompany Agreement • April 29th, 2008 • Firepond, Inc. • Services-advertising • Texas
This Company Agreement (this “Company Agreement”) of CWC Holdings, LLC (the “Company”) is entered into by TechDev Holdings, LLC and Firepond, Inc., as the member(s) (the “Members,” whether one or more) of the Company. In consideration of the covenants, conditions and agreements contained herein, the Members hereby adopt the following provisions:
FORM OF WARRANT]Firepond, Inc. • April 29th, 2008 • Services-advertising • New York
Firepond, Inc., a Delaware corporation (the “Company”), hereby certifies that, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, ______________, the registered holder hereof or its permitted assigns (the “Holder”), is entitled, subject to the terms set forth below, to purchase from the Company, at the Exercise Price then in effect, upon surrender of this Amended and Restated Warrant to Purchase Common Stock (including any Warrants to Purchase Common Stock issued in exchange, transfer or replacement hereof, the “Warrant”), at any time or times on or after the Amendment Date, but not after 11:59 P.M., New York City time, on the Expiration Date, such number of fully paid non-assessable shares of Common Stock as are specified above (the “Warrant Shares”). This Warrant is one of an issue of Warrants to Purchase Common Stock (including additional warrants and replacement warrants issued pursuant to the Amendment and Exchange Agreements (as def
