Underwriting AgreementUnderwriting Agreement • May 6th, 2013 • Marketo, Inc. • Services-prepackaged software • New York
Marketo, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [·] shares and, at the election of the Underwriters, up to [·] additional shares of Common Stock, par value $0.0001 per share (“Stock”) of the Company, and the stockholders of the Company named in Schedule II hereto (the “Selling Stockholders”) propose, severally and not jointly, subject to the terms and conditions stated herein, to sell to the Underwriters an aggregate of [·] shares of Stock. The aggregate of [·] shares of Stock to be sold by the Company and the Selling Stockholders is herein called the “Firm Shares” and the aggregate of [·] additional shares of Stock to be sold by the Company is herein called the “Optional Shares.” The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called
MARKETO, INC. SECOND AMENDMENT TO AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENTRights Agreement • May 6th, 2013 • Marketo, Inc. • Services-prepackaged software • California
THIS SECOND AMENDMENT TO AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (this “Amendment”) is made as of , 2013 by and among Marketo, Inc., a Delaware corporation (the “Company”), and the undersigned holders of the Company’s capital stock.
MARKETO, INC. COMMON STOCK PURCHASE AGREEMENT May 3, 2013Common Stock Purchase Agreement • May 6th, 2013 • Marketo, Inc. • Services-prepackaged software • California
THIS COMMON STOCK PURCHASE AGREEMENT (the “Agreement”) is made as of the May 3, 2013, by and among Marketo, Inc., a Delaware corporation (the “Company”), and the investors listed on Schedule A hereto, each of which is herein referred to as an “Investor.”
