SUMTOTAL SYSTEMS, INC. REGISTRATION RIGHTS AGREEMENT August 3, 2005Registration Rights Agreement • March 28th, 2006 • Sumtotal Systems Inc • Services-prepackaged software • Delaware
This REGISTRATION RIGHTS AGREEMENT (the “Agreement”) is made as of August 3, 2005, by and among SumTotal Systems, Inc., a Delaware corporation (“SumTotal”), and the persons and entities (each, a “Stockholder” and collectively, the “Stockholders”) listed on Exhibit A hereto. This Agreement shall become effective only upon the Effective Time of the Mergers.
SUMTOTAL SYSTEMS, INC. 2004 EQUITY INCENTIVE PLAN2004 Equity Incentive Plan • March 28th, 2006 • Sumtotal Systems Inc • Services-prepackaged software • Washington
SUMTOTAL SYSTEMS, INC. hereby establishes the SumTotal Systems, Inc. 2004 Equity Incentive Plan, effective upon its adoption by the Board of Directors.
FIRST AMENDMENT TO CREDIT AGREEMENT AND WAIVERCredit Agreement • March 28th, 2006 • Sumtotal Systems Inc • Services-prepackaged software • New York
THIS FIRST AMENDMENT TO CREDIT AGREEMENT AND WAIVER (this “Amendment”), dated as of October 21, 2005, is entered into by and among the Lenders signatory hereto, WELLS FARGO FOOTHILL, INC., a California corporation, in its capacity as Agent for the Lenders and Bank Product Providers (in such capacity, “Agent”), and SUMTOTAL SYSTEMS, INC., a Delaware corporation (“Borrower”). Terms used herein without definition shall have the meanings ascribed to them in the Credit Agreement defined below.
