EMPLOYMENT AGREEMENTEmployment Agreement • December 2nd, 2003 • Ecollege Com • Services-educational services • Utah
This Employee Employment Agreement ("Agreement") is entered into as of September 15, 2003, between Datamark Inc., a Delaware corporation (the "Company") and Thomas Dearden ("Employee").
ECOLLEGE.COM REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • December 2nd, 2003 • Ecollege Com • Services-educational services • Delaware
THIS REGISTRATION RIGHTS AGREEMENT (this "Agreement") is entered into as of the 31st day of October, 2003, by and among eCollege.com, a Delaware corporation (the "Company") and the stockholders listed on Exhibit A hereto, referred to hereinafter as the "Stockholders" and each individually as an "Stockholder."
ECOLLEGE.COM COMMON STOCK PURCHASE WARRANTCommon Stock Purchase Warrant • December 2nd, 2003 • Ecollege Com • Services-educational services • Massachusetts
This Warrant is one of the Warrants evidencing the right to purchase shares of Common Stock of the Company issued pursuant to a certain Senior Subordinated Secured Note and Warrant Purchase Agreement (the "Agreement"), dated as of October 31, 2003, by and among the Company and Capital Resource Partners IV, L.P., a Delaware limited partnership, and the other parties set forth on the signature pages thereto, a copy of which is on file at the principal office of the Company, and the holder of this Warrant shall be entitled to all of the benefits and bound by all of the applicable obligations of the Agreement, as provided therein.
STOCK PURCHASE AGREEMENTStock Purchase Agreement • December 2nd, 2003 • Ecollege Com • Services-educational services • Colorado
THIS STOCK PURCHASE AGREEMENT (this "Agreement") is entered into as of October 31, 2003, among eCollege.com, a Delaware corporation (the "Company"), and the investors listed on Schedule I attached hereto (each, an "Investor," and collectively, the "Investors"). The Company and the Investors are referred to collectively herein as the "Parties."
SENIOR SUBORDINATED SECURED NOTE AND WARRANT PURCHASE AGREEMENT among ECOLLEGE.COM, ECOLLEGE INTERNATIONAL, INC. AND CAPITAL RESOURCE PARTNERS IV, L.P. Dated as of October 31, 2003Note and Warrant Purchase Agreement • December 2nd, 2003 • Ecollege Com • Services-educational services • Massachusetts
eCollege.com, a Delaware corporation (the "Company"), and eCollege International, Inc. (the "eCollege Sub"), a Colorado corporation, hereby agree with Capital Resource Partners IV, L.P. ("CRP"), a Delaware limited partnership, and each of those Persons who shall join in and become a party to this Agreement as a Subsidiary by executing and delivering to the Company an Instrument of Accession in the form attached hereto as Schedule 7.01(n), as follows:
LOAN AND SECURITY AGREEMENT eCollege.com and DataMark, Inc.Loan and Security Agreement • December 2nd, 2003 • Ecollege Com • Services-educational services
This LOAN AND SECURITY AGREEMENT dated as of October 30, 2003, but effective only upon the date the Closing under the Stock Purchase Agreement referred to below occurs, among SILICON VALLEY BANK, a California chartered bank ("Bank"), with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office at 4410 Arapahoe Avenue, Suite 200, Boulder, CO 80303, and eCollege.com ("eCollege"), whose address is 4900 South Monaco Street, Denver, Colorado 80237, and DataMark, Inc. ("DataMark"), whose address is 2305 President's Drive, Salt Lake City, UT 84120 (hereinafter eCollege and DataMark shall be referred to collectively as the "Borrowers" and individually as a "Borrower"), provides the terms on which Bank will lend to Borrowers and Borrowers will repay Bank.
