ARRANGEMENT AGREEMENT among QUEST SOFTWARE, INC., BOLTS ACQUISITION CORPORATION and BAKBONE SOFTWARE INCORPORATED Dated as of November 8, 2010Arrangement Agreement • November 10th, 2010 • Bakbone Software Inc • Services-prepackaged software • Alberta
ARRANGEMENT AGREEMENT, dated as of November 8, 2010 (this “Agreement”), among QUEST SOFTWARE, INC., a Delaware corporation (“Parent”), BOLTS ACQUISITION CORPORATION, a Canadian corporation and a wholly owned subsidiary of Parent (“Acquisition Sub”), and BAKBONE SOFTWARE INCORPORATED, a Canadian corporation (the “Company”).
SETTLEMENT AGREEMENT AND GENERAL RELEASE OF CLAIMSSettlement Agreement • November 10th, 2010 • Bakbone Software Inc • Services-prepackaged software • California
This Settlement Agreement and General Release of Claims (“Agreement”) is entered into as of November 8, 2010 (the “Effective Date”), by and among JK&B Capital IV and JK&B Capital IV QIP (collectively, “JK&B”), and Tom Neustaetter (“Neustaetter”), individually and in his capacity as attorney-in-fact for and on behalf of the ColdSpark Shareholders (as defined herein), on the one hand, and BakBone Software Incorporated (the “Company”), on the other hand (all of the foregoing, including the ColdSpark Shareholders, collectively, the “Parties”).
