NETSUITE INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • July 2nd, 2007 • Netsuite Inc • Delaware
THIS AGREEMENT is entered into, effective as of <<Date>> by and between NetSuite Inc., a Delaware corporation (the “Company”), and «Name» (“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.
PENINSULA OFFICE PARK PENINSULA OFFICE PARK BUILDING 9 SAN MATEO, CALIFORNIA OFFICE LEASE AGREEMENT BETWEEN EOP-PENINSULA OFFICE PARK, L.L.C., a Delaware limited liability company (“LANDLORD”) AND NETSUITE, INC., a California corporation (“TENANT”)Office Lease Agreement • July 2nd, 2007 • Netsuite Inc • California
THIS OFFICE LEASE AGREEMENT (the “Lease”) is made and entered into as of the 2nd day of August, 2005, by and between EOP-PENINSULA OFFICE PARK, L.L.C., a Delaware limited liability company (“Landlord”) and NETSUITE, INC., a California corporation (“Tenant”). The following exhibits and attachments are incorporated into and made a part of the Lease: Exhibit A (Outline and Location of Premises), Exhibit B (Expenses and Taxes), Exhibit C and Schedule 1 (Work Letter), Exhibit D (Commencement Letter), Exhibit E (Building Rules and Regulations), Exhibit F (Additional Provisions), Exhibit F-1 (Form of Letter of Credit), Exhibit F-2 (Outline and Location of Refusal Space) and Exhibit G (Parking Agreement).
NETSUITE, INC. AMENDED AND RESTATED STOCKHOLDERS AGREEMENTStockholders Agreement • July 2nd, 2007 • Netsuite Inc • California
THIS AMENDED AND RESTATED STOCKHOLDERS AGREEMENT (the “Agreement”) is dated as of March 31, 2005, by and among NETSUITE, INC., a California corporation (the “Company”), the several investors named on Annex A hereto under the heading “Investors” (each, an “Investor” and collectively, the “Investors”), and certain of the other shareholders of the Company named on Annex A hereto under the heading “Existing Stockholders” (each, an “Existing Stockholder” and collectively, the “Existing Stockholders”), and amends, restates and replaces the Company’s Amended and Restated Stockholders Agreement dated January 14, 2004 (the “Series G Stockholders Agreement”). The Investors and the Existing Stockholders are herein sometimes referred to collectively as the “Stockholders.” Capitalized terms used herein and not otherwise defined shall have the same meanings as set forth in the Series H Preferred Stock Purchase Agreement dated as of the same date herewith (the “Series H Stock Purchase Agreement”).
DISTRIBUTION AGREEMENT BETWEEN NETSUITE, INC. AND NETSUITE KABUSHIKI KAISHADistribution Agreement • July 2nd, 2007 • Netsuite Inc • California
This Distribution Agreement (the “Agreement”), effective as of March 8, 2006 (the “Effective Date”), is entered into by and between NetSuite, Inc., a California corporation, having offices at 2955 Campus Drive, Suite 100, San Mateo, CA 94403-2511, United States (“NetSuite”) and NetSuite Kabushiki Kaisha, a Japanese corporation (“NetSuite KK”) (each a “Party,” collectively the “Parties”).
PREFERRED RESELLER AGREEMENT by and between MIROKU JYOHO SERVICE CO., LTD. and NETSUITE KABUSHIKIKAISHA Dated as of October 20, 2006Preferred Reseller Agreement • July 2nd, 2007 • Netsuite Inc • California
This Preferred Reseller Agreement (the “Agreement”), effective as of October 20, 2006 (the “Effective Date”), is entered into by and between Miroku Jyoho Service Co., Ltd., a company incorporated in Japan, having a principal place of business at 4-29-1 Yotsuya, Shinjuku-ku, Tokyo, Japan 160-0004 (“Reseller”), and NetSuite Kabushiki Kaisha, a Japanese corporation that has been incorporated in Japan as described more fully in Section 1.1 of the Share Purchase Agreement (as defined below) (“NetSuite KK”) (each a “Party” collectively the “Parties”).
NETSUITE STRATEGIC RESELLER PROGRAM DEVELOPMENT FUND AGREEMENTDevelopment Fund Agreement • July 2nd, 2007 • Netsuite Inc
This NetSuite Strategic Reseller Program Development Fund Agreement (the “Agreement”), effective as of the Effective Date, is entered into by and between NetSuite, Inc., a California corporation, having offices at 2955 Campus Drive, Suite 100, San Mateo, CA 94403-2511, United States (“NetSuite”) and NetSuite Kabushiki Kaisha, a Japanese corporation, (“NetSuite KK”), on the one hand, and Transcosmos, Inc. a company incorporated in Japan, having a principal place of business at 3-25-18, Shibuya, Shibuya-ku, Tokyo, Japan 150-8530 (“Transcosmos”), on the other hand (each a “Party,” collectively the “Parties”).
NETSUITE, INC. AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • July 2nd, 2007 • Netsuite Inc • California
THIS AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENT (the “Agreement”) is dated as of March 31, 2005, and is made by and among NETSUITE, INC., a California corporation (the “Issuer” or the “Company”), and the investors named on Annex A attached hereto (each an “Investor” and, collectively, the “Investors”).
NETSUITE STRATEGIC RESELLER PROGRAM DEVELOPMENT FUND AGREEMENTDevelopment Fund Agreement • July 2nd, 2007 • Netsuite Inc
This NetSuite Strategic Reseller Program Development Fund Agreement (the “Agreement”), effective as of October 20, 2006 (the “Effective Date”), is entered into by and between NetSuite, Inc., a California corporation, having offices at 2955 Campus Drive, Suite 100, San Mateo, CA 94403-2511, United States (“NetSuite”) and NetSuite Kabushiki Kaisha, a Japanese corporation, (“NetSuite KK”) on the one hand, and Miroku Jyoho Service Co., Ltd., a company incorporated in Japan, having a principal place of business at 4-29-1 Yotsuya, Shinjuku-ku, Tokyo, Japan 160-0004 (“Company”), on the other hand (each a “Party,” collectively the “Parties”).
PREFERRED RESELLER DISTRIBUTION AGREEMENT by and between TRANSCOSMOS, INC. and NETSUITE KABUSHIKI KAISHA Dated as of March 8, 2006Preferred Reseller Distribution Agreement • July 2nd, 2007 • Netsuite Inc
This Distribution Agreement (the “Agreement”), effective as of the Effective Date (as defined below), is entered into by and between Transcosmos, Inc. a company incorporated in Japan, having a principal place of business at 3-25-18, Shibuya, Shibuya-ku, Tokyo, Japan 150-8530 (“Transcosmos”), and NetSuite Kabushiki Kaisha, a Japanese corporation that has been incorporated in Japan as described more fully in Section 1.1 of the Share Purchase Agreement (as defined below) (“NetSuite KK”) (each a “Party” collectively the “Parties”).
