0001047469-07-007332 Sample Contracts

WIND RIVER SYSTEMS, INC. SOURCE CODE LICENSE AND DISTRIBUTION AGREEMENT (Source-Code Only Products)
License and Distribution Agreement • October 1st, 2007 • Equallogic Inc • Computer storage devices • Delaware

THIS SOURCE CODE LICENSE AND DISTRIBUTION AGREEMENT ("Agreement") is made and entered into as of January 30, 2002 (the "Effective Date") by and between WIND RIVER SYSTEMS, INC., a Delaware corporation having a principal place of business at 500 Wind River Way, Alameda, CA 94501 ("Wind River"), and EQUALLOGIC, INC., a Delaware corporation having a principal place of business at 9 Townsend West, Nashua NH 03063 ("Customer"). The parties agree as follows:

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THIRD AMENDED AND RESTATED STOCKHOLDERS AGREEMENT
Stockholders Agreement • October 1st, 2007 • Equallogic Inc • Computer storage devices • Delaware

THIRD AMENDED AND RESTATED STOCKHOLDERS AGREEMENT, made this 18th day of June, 2004, by and among (i) EqualLogic, Inc., a Delaware corporation (the "Company"), (ii) holders of Series A Convertible Preferred Stock, Common Stock or options to acquire Common Stock whose names are set forth under the heading "Holders" on Schedule I hereto, and each person who shall, pursuant to Section 5.2(i) of that certain Third Amended and Restated Investor Rights Agreement, dated as of the date hereof by and among the Company and the other parties thereto (the "Investor Rights Agreement"), join in and become a party to this Agreement by executing and delivering to the Company an Instrument of Accession in the form of Schedule II hereto (the persons described in this clause (ii) being referred to collectively as the "Holders" and singularly as a "Holder") and (iii) those persons whose names are set forth under the heading "Investors" on Schedule I hereto (collectively, the "Investors").

FORM OF EXECUTIVE SEVERANCE AND CHANGE-OF-CONTROL AGREEMENT
Control Agreement • October 1st, 2007 • Equallogic Inc • Computer storage devices • Delaware

THIS EXECUTIVE SEVERANCE AND CHANGE-OF-CONTROL AGREEMENT (the "Agreement") by and between EqualLogic, Inc. (the "Company"), a Delaware corporation with offices at 110 Spit Brook Road, Building ZKO2, Nashua, New Hampshire 03062, and [name] (the "Executive"), is made as of [date], 2007.

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