MUTUAL NON-DISCLOSURE AGREEMENTMutual Non-Disclosure Agreement • May 26th, 2010 • Sap Ag • Services-prepackaged software • New York
This Non-Disclosure Agreement (“Agreement”) is effective as of April 2, 2010 (“Effective Date”) and is entered into between Sybase, Inc., a Delaware corporation, having a place of business at One Sybase Drive, Dublin, California 94568, USA (“Company”), and SAP AG, a German company with its place of business at Dietmar Hopp Allee 16, 69190 Walldorf, Germany on behalf of itself and its wholly owned subsidiaries, (“SAP”). In consideration of the mutual covenants contained herein, SAP and Company, intending to be legally bound hereby, agree to the following:
EUR 2,750,000,000 CREDIT FACILITY AGREEMENT dated 21 May 2010 SAP AG as Borrower BARCLAYS CAPITAL DEUTSCHE BANK AG as Mandated Lead Arrangers DEUTSCHE BANK LUXEMBOURG S.A. as Agent and Others SYNDICATED DUAL-CURRENCY TERM LOAN FACILITY AGREEMENTCredit Facility Agreement • May 26th, 2010 • Sap Ag • Services-prepackaged software
EXCLUSIVITY AGREEMENTExclusivity Agreement • May 26th, 2010 • Sap Ag • Services-prepackaged software • Delaware
EXCLUSIVITY AGREEMENT (this “Agreement”), dated as of April 30, 2010 (the “Agreement Date”), by and between SAP AG, a German corporation (including its subsidiaries, “SAP”), and Sybase, Inc., a Delaware corporation (including its subsidiaries, the “Company”).
