SHAREHOLDER PROTECTION RIGHTS PLAN AGREEMENT MADE AS OF June 17, 2002 BETWEEN BAKBONE SOFTWARE INCORPORATED AND CIBC MELLON TRUST COMPANYShareholder Protection Rights Plan Agreement • June 30th, 2004 • Bakbone Software Inc • Services-prepackaged software • Alberta
BAKBONE SOFTWARE INCORPORATED, a corporation incorporated under the Business Corporations Act (Alberta) (hereinafter referred to as the “Corporation”)
STANDARD MODIFIED GROSS OFFICE LEASE BETWEEN PACIFIC SORRENTO MESA HOLDINGS, L.P., a California limited partnership, and PACIFIC STONECREST HOLDINGS, L.P., a California limited partnership, as tenants in common AS LANDLORD AND NET RESOURCES, INC. a...Gross Office Lease • June 30th, 2004 • Bakbone Software Inc • Services-prepackaged software • California
This Standard Form Modified Gross Office Lease (“Lease”) is entered into effective as of February 22, 2000, between AMERICAN ASSETS, INC., as Agent for PACIFIC SORRENTO MESA HOLDINGS, L.P., a California limited partnership, and PACIFIC STONECREST HOLDINGS, L.P., a California limited partnership, as tenants in common (“Landlord”), and NET RESOURCES INC., a Canadian based corporation, d/b/a BakBone Software, Inc. (“Tenant”), who agree as follows:
BAKBONE SOFTWARE INCORPORATED SERIES A PREFERRED SHARE PURCHASE AGREEMENTSeries a Preferred Share Purchase Agreement • June 30th, 2004 • Bakbone Software Inc • Services-prepackaged software • California
This Series A Preferred Share Purchase Agreement (the “Agreement”) is made as of the 18th day of June, 2003, by and between Bakbone Software Incorporated, a corporation incorporated under the laws of the Province of Alberta, Canada (the “Company”) and the investors listed on Exhibit A attached hereto (each a “Purchaser” and together the “Purchasers”).
STANDARD FORM MODIFIED GROSS OFFICE LEASEModified Gross Office Lease • June 30th, 2004 • Bakbone Software Inc • Services-prepackaged software • California
This Standard Form Modified Gross Office Lease (“Lease”) is entered into effective as of August 14, 2000, between AMERICAN ASSETS, INC., as agent for PACIFIC SORRENTO MESA HOLDINGS, L.P., a California limited partnership, and PACIFIC STONECREST HOLDINGS, L.P., a California limited partnership, as tenants in common (“Landlord”), and BAKBONE SOFTWARE, INC., a California corporation, (“Tenant”), who agree as follows:
SUBSCRIPTION FOR UNITSBakbone Software Inc • June 30th, 2004 • Services-prepackaged software
The undersigned (hereinafter referred to as the “Subscriber”) hereby irrevocably subscribes for and agrees to purchase that number of units (“Units”) of the Corporation set forth below, for the aggregate subscription price set forth below, representing a subscription price of $0.88 (Canadian) per Unit (the “Subscription Price”), each Unit comprised of one (1) Common Share and one-half of one warrant (“Warrant”), each whole Warrant entitling the holder thereof to acquire one (1) Common Share at a price of $1.00 per share for a period of one year from the date of issuance, upon and subject to the terms and conditions set forth in “Terms and Conditions of Subscription for Units of Bakbone Software Incorporated”, attached hereto (the “Subscription Agreement”).
BAKBONE SOFTWARE INCORPORATED STOCK OPTION AGREEMENTStock Option Agreement • June 30th, 2004 • Bakbone Software Inc • Services-prepackaged software • Alberta
BETWEEN BAKBONE SOFTWARE INCORPORATED, a body corporate, with an office in the City of Calgary, in the Province of Alberta (hereinafter called “the Corporation”) and
BAKBONE SOFTWARE INCORPORATED INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • June 30th, 2004 • Bakbone Software Inc • Services-prepackaged software • California
This Investors’ Rights Agreement (the “Agreement”) is made by and among Bakbone Software Incorporated, a corporation incorporated under the laws of the Province of Alberta, Canada (the “Company”) and the investors listed on the signature page hereof (the “Investors”).
Option Agreement for Optionees in Europe, Middle-East and AfricaStock Option Agreement • June 30th, 2004 • Bakbone Software Inc • Services-prepackaged software • California
THE SECURITIES WHICH ARE THE SUBJECT OF THIS AGREEMENT HAVE NOT BEEN QUALIFIED WITH THE COMMISSIONER OF CORPORATIONS OF THE STATE OF CALIFORNIA AND THE ISSUANCE OF SUCH SECURITIES OR THE PAYMENT OR RECEIPT OF ANY PART OF THE CONSIDERATION THEREFOR PRIOR TO SUCH QUALIFICATION IS UNLAWFUL, UNLESS THE SALE OF SECURITIES IS EXEMPT FROM QUALIFICATION BY SECTION 25100, 25102, OR 25105 OF THE CALIFORNIA CORPORATIONS CODE. THE RIGHTS OF ALL PARTIES TO THIS AGREEMENT ARE EXPRESSLY CONDITIONED UPON SUCH QUALIFICATION BEING OBTAINED, UNLESS THE SALE IS SO EXEMPT.
BAKBONE SOFTWARE INCORPORATED 10145 Pacific Heights Boulevard Suite 500 San Diego, CA 92121Letter Agreement • June 30th, 2004 • Bakbone Software Inc • Services-prepackaged software • California
The parties hereto are parties to a Series A preferred share purchase agreement (the “Share Purchase Agreement”) dated June 18, 2003, pursuant to which BakBone Software Incorporated (the “Company”) issued 22,000,000 Series A preferred shares (the “Stock” or the “Securities”) to VantagePoint Venture Partners IV (Q), L.P., VantagePoint Venture Partners IV, L.P. and VantagePoint Venture Partners IV Principals Fund, L.P. (each a “Purchaser” and together, the “Purchasers”), in the allocations set forth in the Share Purchase Agreement, of which 18,000,000 of such Securities are presently held by the Purchasers. Capitalized terms not otherwise defined herein have the meanings ascribed to such terms in the Share Purchase Agreement.
INDEMNITY AGREEMENTIndemnity Agreement • June 30th, 2004 • Bakbone Software Inc • Services-prepackaged software • Alberta
BAKBONE SOFTWARE INCORPORATED, a corporation incorporated under the laws of the Province of Alberta (hereinafter called the “Company”)
