FORM OF TENDER AND SUPPORT AGREEMENTTender and Support Agreement • August 18th, 2016 • Netsuite Inc • Services-prepackaged software • Delaware
TENDER AND SUPPORT AGREEMENT, dated as of [Date] (this “Agreement”), among OC Acquisition LLC, a Delaware limited liability company (“Parent”), Napa Acquisition Corporation, a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Subsidiary”), and the Person listed as “Stockholder” on the signature page hereto (“Stockholder”).
AMENDED AND RESTATED CONFIDENTIAL DISCLOSURE AGREEMENT FOR STRATEGIC MATTERSConfidential Disclosure Agreement • August 18th, 2016 • Netsuite Inc • Services-prepackaged software • California
This Amended and Restated Confidential Disclosure Agreement (“Agreement”) is entered into as of the latter of the parties’ signature dates below and effective as of May 5, 2016 (“Effective Date”) by Oracle Corporation (“Oracle”) located at 500 Oracle Parkway, Redwood City, California 94065 and the company designated below (“Company”). This Agreement amends and restates the Confidential Disclosure Agreement entered into as of May 5, 2016, by the Oracle and the Company.
NetSuite Inc. [Date]Netsuite Inc • August 18th, 2016 • Services-prepackaged software
As you know, NetSuite Inc. (the “Company”) is considering entering into that certain Agreement and Plan of Merger, by and between the Company, OC Acquisition LLC, a Delaware limited liability company (“Parent”), Napa Acquisition Corporation, a Delaware corporation and a wholly-owned subsidiary of Parent, and Oracle Corporation (the “Merger Agreement”), which contemplates, among other things, the acquisition of the Company by Parent (the “Transaction”). Reference is made to the Amended and Restated Severance and Change of Control Agreement, effective as of , by and between you and the Company (the “CIC Severance Agreement”).
