Loan and Security AgreementLoan and Security Agreement • March 28th, 2003 • Click2learn Inc/De/ • Services-computer programming services • California
THIS LOAN AND SECURITY AGREEMENT is entered into on the above date between SILICON VALLEY BANK ("Silicon"), whose address is 3003 Tasman Drive, Santa Clara, California 95054 and the borrower(s) named above (jointly and severally, the "Borrower"), whose chief executive office is located at the above address ("Borrower's Address"). The Schedule to this Agreement (the "Schedule") shall for all purposes be deemed to be a part of this Agreement, and the same is an integral part of this Agreement. (Definitions of certain terms used in this Agreement are set forth in Section 8 below.)
WARRANT TO PURCHASE STOCKClick2learn Inc/De/ • March 28th, 2003 • Services-computer programming services • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "ACT"), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.
EMPLOYMENT AGREEMENTEmployment Agreement • March 28th, 2003 • Click2learn Inc/De/ • Services-computer programming services
This Employment Agreement (the "Agreement") is entered into as of January 1, 2003 (the "Effective Date") between Click2learn, Inc., a Delaware corporation with its principal offices located at 110-110th Avenue N.E., Bellevue, Washington 98004-5840, (the "Company") and Gary Millrood ("Employee").
Amendment to Loan DocumentsClick2learn Inc/De/ • March 28th, 2003 • Services-computer programming services
THIS AMENDMENT TO LOAN DOCUMENTS is entered into between SILICON VALLEY BANK ("Silicon") and the borrower named above (the "Borrower"), with reference to the various loan and security agreements and other documents, instruments and agreements between them, including but not limited to that certain Loan and Security Agreement dated September 4, 2001 (as amended, if at all, the "Existing Loan Agreement"; the Existing Loan Agreement and all related documents, instruments and agreements may be referred to collectively herein as the "Existing Loan Documents").
NINTH AMENDMENTClick2learn Inc/De/ • March 28th, 2003 • Services-computer programming services
THIS NINTH AMENDMENT (the "Amendment") is made and entered into as of the 16th day of April, 2002, by and between EOP-110 ATRIUM PLACE, L.L.C., a Delaware limited liability company ("Landlord"), and CLICK2LEARN, INC., a Delaware corporation ("Tenant").
