BLUEARC CORPORATION INDEMNIFICATION AGREEMENTIndemnification Agreement • September 7th, 2007 • Bluearc Corp • Delaware
This Indemnification Agreement (“Agreement”), by and between BlueArc Corporation, a Delaware corporation (the “Company”), and (“Indemnitee”) is effective as of the date Indemnitee first became a member of the Company’s Board of Directors.
WARRANT TO PURCHASE STOCKWarrant to Purchase Stock • September 7th, 2007 • Bluearc Corp • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.
BLUEARC CORPORATION WARRANT TO PURCHASE SHARESWarrant Agreement • September 7th, 2007 • Bluearc Corp • California
This Warrant is issued to Hitachi Data Systems, Inc. (“HDS”) by BlueArc Corporation, a Delaware corporation (the “Company”), in connection with revenues received from HDS.
MASTER DISTRIBUTION AGREEMENT BY AND BETWEEN BLUEARC CORPORATION AND HITACHI DATA SYSTEMS CORPORATIONMaster Distribution Agreement • September 7th, 2007 • Bluearc Corp • California
This Master Distribution Agreement is made, as of the Effective Date set forth below, between BlueArc Corporation, a Delaware corporation (“BlueArc”) and Hitachi Data Systems Corporation, a Delaware corporation (“HDS”).
MANUFACTURING SERVICES AGREEMENTManufacturing Services Agreement • September 7th, 2007 • Bluearc Corp • California
THE SCOTTISH PROVIDENT INSTITUTION SYNAXIA NETWORKS LIMITEDLease Agreement • September 7th, 2007 • Bluearc Corp
SYNAXIA NETWORKS LIMITED (registered number 3516646) whose registered office is at 6 Saint Andrew Street London EC4A 3LX (the Tenant).
SUBLEASESublease • September 7th, 2007 • Bluearc Corp
This Sublease is made as of May 22, 2006 by and between On Command Video Corporation (“Sublandlord”), and BlueArc Corporation (“Subtenant”).
WARRANT TO PURCHASE SHARES OF COMMON STOCK OF BlueArc Corporation A Delaware CorporationWarrant Agreement • September 7th, 2007 • Bluearc Corp • California
THIS CERTIFIES THAT, for value received, Pentech Financial Services, Inc., a California corporation (the “Holder”) is entitled to subscribe for and purchase from BlueArc Corporation, a Delaware corporation (the “Company”), 90,000 fully paid and nonassessable shares (as adjusted pursuant to Section 2 hereof) (the “Warrant Shares”) of Common Stock of the Company (“Common Stock”) at a purchase price of $2.00 per share, (as adjusted pursuant to Section 2 hereof) (the “Exercise Price”), upon the terms and subject to the conditions hereinafter set forth:
BLUEARC CORPORATION AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • September 7th, 2007 • Bluearc Corp • California
THIS AGREEMENT is made as of November 16, 2006, among BlueArc Corporation, a Delaware corporation (the “Company”), the undersigned holders of the Company’s Series AA Preferred Stock (the “Series AA Preferred”), Series BB Preferred Stock (the “Series BB Preferred”), Series CC Preferred Stock (the “Series CC Preferred”), Series DD Preferred (the “Series DD Preferred”) and Series EE Preferred Stock (the “Series EE Preferred”), Common Stock that was converted from Series A Preferred Stock, Series B Preferred Stock, Series C Preferred Stock and Series D-1 Preferred Stock, and any other person or entity listed on Exhibit A hereto (each an “Investor”, and collectively, the “Investors”).
