FIRST AMENDMENT TO ACQUISITION AGREEMENTAcquisition Agreement • December 5th, 2002 • Peregrine Systems Inc • Services-prepackaged software • Delaware
This First Amendment to Acquisition Agreement (this "First Amendment") is made as of this 24th day of September, 2002 by and among Peregrine Systems, Inc., a Delaware corporation ("Stockholder"), Peregrine Remedy, Inc., a Delaware corporation (the "Company"), and BMC Software, Inc., a Delaware corporation (the "Purchaser"). This First Amendment amends the Acquisition Agreement dated as of September 20, 2002 among the Stockholder, the Company and the Purchaser (the "Acquisition Agreement"). Capitalized terms used in this First Amendment that are not otherwise defined herein shall have the meanings ascribed to them in the Acquisition Agreement.
ESCROW AGREEMENTEscrow Agreement • December 5th, 2002 • Peregrine Systems Inc • Services-prepackaged software • Delaware
THIS ESCROW AGREEMENT ("Escrow Agreement"), dated as of November 20, 2002, is entered into by and among BMC Software, Inc., a Delaware corporation (the "Purchaser"), Peregrine Systems, Inc., a Delaware corporation (the "Stockholder"), and JPMorgan Chase Bank, a New York State bank with an office in Houston, Texas, as escrow agent ("Escrow Agent"). Defined terms used but not otherwise defined herein shall have the meanings set forth in the Acquisition Agreement (the "Acquisition Agreement") dated as of September 20, 2002, among the Purchaser, the Stockholder and Peregrine Remedy, Inc., a Delaware corporation (the "Company").
THIRD AMENDMENT TO ACQUISITION AGREEMENTAcquisition Agreement • December 5th, 2002 • Peregrine Systems Inc • Services-prepackaged software • Delaware
This Third Amendment to Acquisition Agreement (this "Third Amendment") is made as of this 18th day of November, 2002 by and among Peregrine Systems, Inc., a Delaware corporation ("Stockholder"), Peregrine Remedy, Inc., a Delaware corporation (the "Company"), and BMC Software, Inc., a Delaware corporation (the "Purchaser"). This Third Amendment amends the Acquisition Agreement dated as of September 20, 2002 among the Stockholder, the Company and the Purchaser (the "Original Agreement") as amended by the First Amendment to Acquisition Agreement, dated as of September 24, 2002, among the Stockholder, the Company and the Purchaser (the "First Amendment") and the Second Amendment to Acquisition Agreement, dated as of October 25, 2002, among the Stockholder, the Company and the Purchaser (the "Second Amendment"). The Original Agreement as amended by the First Amendment and the Second Amendment is referred to herein as the "Acquisition Agreement." Capitalized terms used in this Third Amendmen
