FOURTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 10th, 2004 • Critical Path Inc • Services-business services, nec • California
THIS FOURTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (the “Fourth Amendment”) is entered into as of April 15, 2004, by and between SILICON VALLEY BANK, a California-chartered bank (the “Bank”), and CRITICAL PATH, INC., a California corporation (the “Borrower”), in reliance on the following:
CONFIDENTIAL SETTLEMENT AGREEMENT, MUTUAL RELEASE AND COVENANT NOT TO SUEConfidential Settlement Agreement • May 10th, 2004 • Critical Path Inc • Services-business services, nec • California
This Confidential Settlement Agreement and Mutual Release (the “Agreement”), effective February 4, 2004, is made and entered into by and between Max Limited, LLC, a California limited liability company (“Max” or “Plaintiff”) and Critical Path, Inc., a California corporation (“Critical Path”); Prince Acquisition Corp., a California corporation (“Prince”); PeerLogic, Inc., a California corporation (“PeerLogic”) (Critical Path, Prince and PeerLogic are hereinafter collectively referred to as “Defendants”). Plaintiff and Defendants are sometimes jointly referred to as the “Parties.”
WAIVER AGREEMENTWaiver Agreement • May 10th, 2004 • Critical Path Inc • Services-business services, nec • California
This Waiver Agreement (this “Agreement”) is made and entered into as of December 23, 2003, by and between Critical Path, Inc., a California corporation (the “Company”), and Michael J. Zukerman (“Executive”):
SEPARATION AGREEMENT AND MUTUAL RELEASESeparation Agreement • May 10th, 2004 • Critical Path Inc • Services-business services, nec • California
This Separation Agreement and Mutual Release (the “Agreement”) is entered into as of April 14, 2004 (the “Execution Date”) by and between Critical Path, Inc., a California corporation (the “Company”), and William McGlashan (“Executive”) (together “the Parties”). This Agreement is effective only if it has been executed by the Parties and the revocation period has expired (without revocation of this Agreement) as set forth in Sections 18(c) and (d) below (the “Effective Date”).
December 23, 2003 Michael Zukerman Dear Mike:Employment Agreement • May 10th, 2004 • Critical Path Inc • Services-business services, nec
For good and valuable consideration, the sufficiency of which is hereby acknowledged, Critical Path, Inc. (the “Company”) hereby amends the employment agreement between you and Critical Path (the “Company”) dated June 11, 2001 (the “Original Agreement”), as subsequently amended December 20, 2002 (the “First Amendment”) in the following respects:
CRITICAL PATH, INC. CHANGE OF CONTROL SEVERANCE AGREEMENTChange of Control Severance Agreement • May 10th, 2004 • Critical Path Inc • Services-business services, nec • California
This Change of Control Severance Agreement (this “Agreement”) is made and entered into effective as of May 29, 2003 (the “Effective Date”), by and between Michael Zukerman (the “Executive”) and Critical Path, Inc., a California corporation (the “Company”). Certain capitalized terms used in this Agreement are defined in Section 1 below.
December 20, 2002 Michael Zukerman Dear Mike:Employment Agreement • May 10th, 2004 • Critical Path Inc • Services-business services, nec
This letter amends the employment agreement between you and Critical Path (the “Company”) dated June 11, 2001 (the “Original Agreement”), in the following respects:
