PARTIAL RELEASE AND ACKNOWLEDGEMENT AGREEMENTPartial Release and Acknowledgement Agreement • November 14th, 2006 • Aspen Technology Inc /De/ • Services-computer programming services • Massachusetts
This Partial Release and Acknowledgment Agreement (the “Agreement”) is entered into as of September 27, 2006, by and among (i) SILICON VALLEY BANK, a California chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (“SVB”), (ii) ASPEN TECHNOLOGY, INC., a Delaware corporation with offices at Ten Canal Park, Cambridge, Massachusetts 02141, for itself and as successor by merger to ASPENTECH, INC., formerly a Texas corporation with offices at Ten Canal Park, Cambridge, Massachusetts 02141( “Borrower”), and the parties who have executed this Agreement, as evidenced by their signature below (each a “Party”, and collectively, the “Parties”).
ASPEN TECHNOLOGY, INC. Restricted Stock Unit Agreement Granted Under 2005 Stock Incentive PlanRestricted Stock Unit Agreement • November 14th, 2006 • Aspen Technology Inc /De/ • Services-computer programming services • Delaware
LOAN AGREEMENT Dated as of September 27, 2006 Among ASPEN TECHNOLOGY FUNDING 2006-II LLC, as the Borrower, ASPEN TECHNOLOGY, INC., as the initial Servicer, PORTFOLIO FINANCIAL SERVICING COMPANY, INC. as the Back-up Servicer and KEY EQUIPMENT FINANCE...Loan Agreement • November 14th, 2006 • Aspen Technology Inc /De/ • Services-computer programming services • New York
THIS NOTE HAS BEEN DELIVERED IN NEW YORK, NEW YORK AND SHALL BE DEEMED TO BE A CONTRACT MADE UNDER AND GOVERNED BY THE INTERNAL LAWS OF THE STATE OF NEW YORK (INCLUDING FOR SUCH PURPOSES SECTIONS 5-1401 AND 5-1402 OF THE GENERAL OBLIGATIONS LAW OF THE STATE OF NEW YORK).
ASPEN TECHNOLOGY, INC. Restricted Stock Unit Agreement - G Granted Under 2005 Stock Incentive PlanAgreement • November 14th, 2006 • Aspen Technology Inc /De/ • Services-computer programming services • Delaware
SEVENTH LOAN MODIFICATION AGREEMENT - EXIMSeventh Loan Modification Agreement - Exim • November 14th, 2006 • Aspen Technology Inc /De/ • Services-computer programming services
This Seventh Loan Modification Agreement - Exim (this “Loan Modification Agreement’) is entered into as of September 27, 2006, by and among (i) SILICON VALLEY BANK, a California chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (“Bank”) and (ii) ASPEN TECHNOLOGY, INC., a Delaware corporation with offices at Ten Canal Park, Cambridge, Massachusetts 02141, for itself and as successor by merger to ASPENTECH, INC., formerly a Texas corporation with offices at Ten Canal Park, Cambridge, Massachusetts 02141 (“Borrower”)
ELEVENTH LOAN MODIFICATION AGREEMENTEleventh Loan Modification Agreement • November 14th, 2006 • Aspen Technology Inc /De/ • Services-computer programming services
This Eleventh Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of September 27, 2006, by and among (i) SILICON VALLEY BANK, a California chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (“Bank”) and (ii) ASPEN TECHNOLOGY, INC., a Delaware corporation with offices at Ten Canal Park, Cambridge, Massachusetts 02141, for itself and as successor by merger to ASPENTECH, INC., formerly a Texas corporation with offices at Ten Canal Park, Cambridge, Massachusetts 02141 (“Borrower”)
EXPLANATORY NOTEExplanatory Note • November 14th, 2006 • Aspen Technology Inc /De/ • Services-computer programming services • Massachusetts
On September 26, 2006, Aspen Technology, Inc. entered into executive retention agreements with the following executive officers.
Aspen Technology, Inc. Terms and Conditions of Stock Option Agreement Granted Under 2005 Stock Incentive PlanAspen Technology Inc /De/ • November 14th, 2006 • Services-computer programming services
Aspen Technology, Inc. Terms and Conditions of Stock Option Agreement Granted Under 2001 Restated Stock Option PlanAspen Technology Inc /De/ • November 14th, 2006 • Services-computer programming services
