AMENDMENT TO LOAN DOCUMENTSLoan Agreement • March 26th, 2003 • Onyx Software Corp/Wa • Services-prepackaged software
THIS AMENDMENT TO LOAN DOCUMENTS is entered into between Silicon Valley Bank (“Silicon”) and the borrower named above (“Borrower”).
ONYX SOFTWARE CORPORATION AMENDMENT NO. 1 TO RIGHTS AGREEMENTRights Agreement • March 26th, 2003 • Onyx Software Corp/Wa • Services-prepackaged software
This Amendment No. 1 to Rights Agreement (this “Amendment No. 1”) is made as of March 5, 2003 by and between Onyx Software Corporation, a Washington corporation (the “Company”), and Mellon Investor Services LLC, a New Jersey limited liability company formerly known as ChaseMellon Shareholder Services L.L.C., as rights agent (the “Rights Agent”) and amends that certain Rights Agreement dated as of October 25, 1999 by and between the Company and the Rights Agent (the “Rights Agreement”). Any capitalized terms used but not specifically defined in this Amendment No. 1 shall have the meanings given those terms in the Rights Agreement.
Letterhead of Onyx Software Corporation]Letter Agreement • March 26th, 2003 • Onyx Software Corp/Wa • Services-prepackaged software
We are in receipt of your letter dated March 4, 2003 relating to your beneficial ownership of 10,779,600 shares of Common Stock (the “Shares”) of Onyx Software Corporation (“Onyx”), which constitute approximately 21.1% of the outstanding shares of Onyx Common Stock. The Board of Directors of Onyx has reviewed your letter and determined that Mazama’s acquisition of the shares was made in good faith and without knowledge that such acquisition would, absent this determination by Onyx’s Board of Directors, make Mazama an “Acquiring Person” under the Rights Agreement dated October 25, 1999 between the Company and Mellon Investor Services LLC, formerly known as ChaseMellon Shareholder Services L.L.C., as rights agent (the “Rights Agreement”).
EMPLOYMENT AGREEMENTEmployment Agreement • March 26th, 2003 • Onyx Software Corp/Wa • Services-prepackaged software • Washington
THIS AGREEMENT is entered into as of the 26th day of June, 2002, by and between Benjamin E. Kiker, Jr., (the “Executive”) and Onyx Software Corporation, a Washington corporation (the “Corporation” or “Onyx”).
