ContractBigBand Networks, Inc. • December 22nd, 2006 • California
THIS WARRANT AND THE SECURITIES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED OR ANY STATE SECURITIES LAWS. NO SALE OR DISPOSITION MAY BE EFFECTED WITHOUT (i) EFFECTIVE REGISTRATION STATEMENTS RELATED THERETO, (ii) AN OPINION OF COUNSEL OR OTHER EVIDENCE, REASONABLY SATISFACTORY TO THE COMPANY, THAT SUCH REGISTRATIONS ARE NOT REQUIRED, (iii) RECEIPT OF NO-ACTION LETTERS FROM THE APPROPRIATE GOVERNMENTAL AUTHORITIES RELATING TO SUCH SALE OR DISPOSITION, OR (iv) OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 7 OF THIS WARRANT.
BIGBAND NETWORKS, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • December 22nd, 2006 • BigBand Networks, Inc. • Delaware
THIS AGREEMENT is entered into, effective as of , 2006 by and between BigBand Networks, Inc., a Delaware corporation (the “Company”), and (“Indemnitee”), effective as of the date that the Registration Statement on Form S-1 related to the initial public offering of the Company’s Common Stock is declared effective by the United States Securities and Exchange Commission.
Page 1. USE AND RESTRICTIONS ON USE 1 2. TERM 2 3. RENT 2 4. RENT ADJUSTMENTS 3 5. SECURITY DEPOSIT 5 6. ALTERATIONS 6 7. REPAIR 7 8. LIENS 7 9. ASSIGNMENT AND SUBLETTING 8 10. INDEMNIFICATION 9 11. INSURANCE 10 12. WAIVER OF SUBROGATION 10 13....BigBand Networks, Inc. • December 22nd, 2006
By this Lease Landlord leases to Tenant and Tenant leases from Landlord the Premises in the Building as set forth and described on the Reference Pages. The Premises are depicted on the floor plan attached hereto as Exhibit A. The Reference Pages, including all terms defined thereon, are incorporated as part of this Lease.
EMPLOYMENT AGREEMENTEmployment Agreement • December 22nd, 2006 • BigBand Networks, Inc. • California
This Employment Agreement is made as of January , 2000, by and between Amir Bassan-Eskenazi (the “Executive”) and BigBand Networks, Inc. (the “Company”).
FIRST AMENDMENT TO LEASELease • December 22nd, 2006 • BigBand Networks, Inc. • California
THIS FIRST AMENDMENT TO LEASE (the “First Amendment to Lease”) is made and entered into as of February 10, 2005 (the “Effective Date”) by and between MPTP HOLDING, LLC, a Delaware limited partnership (“Landlord”) and BIG BAND NETWORKS, INC., a Delaware corporation.
EMPLOYMENT AGREEMENT Made and entered in Tel Aviv on the __ 2nd of January 2000 BETWEENEmployment Agreement • December 22nd, 2006 • BigBand Networks, Inc. • Delaware
SECOND AMENDMENT TO SUBLEASESublease • December 22nd, 2006 • BigBand Networks, Inc.
This SECOND AMENDMENT TO SUBLEASE (“2nd Amendment”) is made and entered into as of November 16, 2006 by and between BROADVISION, INC., a Delaware Corporation (“Sublandlord”), and BigBand Networks, Inc., a Delaware Corporation (“Subtenant”).
FIFTH AMENDED AND RESTATED INVESTORS RIGHTS AGREEMENTInvestors Rights Agreement • December 22nd, 2006 • BigBand Networks, Inc. • New York
THIS FIFTH AMENDED AND RESTATED INVESTORS RIGHTS AGREEMENT (this “Agreement”) is made as of the 29th day of June, 2004, by and among BIGBAND NETWORKS, INC. a Delaware corporation (the “Company”); and those individuals and entities set forth in Exhibit A hereto (each, an “Investor” and together, severally but not jointly the “Investors”); and N.B.T. Ltd., a company organized under the laws of the British Virgin Islands (“N.B.T.”), Amir Bassan-Eskenazi, an individual (“ABE”) and OZ Holdings Ltd., a company organized under the laws of the British Virgin Islands (“OZ”) (each of N.B.T., ABE and OZ, a “Founder Shareholder” and together, the “Founder Shareholders”).
SUBLEASE AGREEMENTSublease Agreement • December 22nd, 2006 • BigBand Networks, Inc. • Massachusetts
FIRST AMENDMENT TO SUBLEASESublease • December 22nd, 2006 • BigBand Networks, Inc.
This FIRST AMENDMENT TO SUBLEASE (“Amendment”) is made and entered into as of November 2, 2006 by and between BROADVISION, INC., a Delaware Corporation (“Sublandlord”), and BigBand Networks, Inc., a Delaware Corporation (“Subtenant”).
SECOND AMENDMENT TO LEASELease • December 22nd, 2006 • BigBand Networks, Inc. • California
THIS SECOND AMENDMENT TO LEASE (the “Second Amendment”) is made and entered into as of November 30, 2005 by and between THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY, a body having corporate powers under the laws of the State of California (“Landlord”), and BIG BAND NETWORKS, INC., a Delaware corporation (“Tenant”).
ContractLease Agreement • December 22nd, 2006 • BigBand Networks, Inc.
Note: This agreement and the negotiations about it are not binding on the landlord until the landlord’s signatories sign the agreement
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 22nd, 2006 • BigBand Networks, Inc. • Delaware
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of the Effective Date between SILICON VALLEY BANK, a California corporation (“Bank”), and BIGBAND NETWORKS, INC., a Delaware corporation (“Parent” and a “Borrower”), and BIGBAND NETWORKS BAS, INC., a Delaware corporation (“BAS” and a “Borrower” and collectively with Parent “Borrowers”), provides the terms on which Bank shall lend to Borrowers and Borrowers shall repay Bank. The parties agree as follows:
