BLUEARC CORPORATION INDEMNIFICATION AGREEMENTIndemnification Agreement • June 24th, 2011 • Bluearc Corp • Computer storage devices • Delaware
This Indemnification Agreement (this “Agreement”) is dated as of , and is between BlueArc Corporation, a Delaware corporation (the “Company”), and (“Indemnitee”).
BLUEARC CORPORATION WARRANT TO PURCHASE SHARESWarrant Agreement • June 24th, 2011 • Bluearc Corp • Computer storage devices • 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.
BLUEARC CORPORATION CHANGE OF CONTROL SEVERANCE AGREEMENTChange of Control Severance Agreement • June 24th, 2011 • Bluearc Corp • Computer storage devices • California
This Change of Control Severance Agreement (the “Agreement”) is made and entered into by and between (“Executive”) and BlueArc Corporation (the “Company”), effective as of (the “Effective Date”).
Silicon Valley Bank SILICON VALLEY BANK SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 24th, 2011 • Bluearc Corp • Computer storage devices • Delaware
This SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of March 30, 2009, between SILICON VALLEY BANK, a California chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 (FAX (408) 748-9478) (“Bank”) and BLUEARC CORPORATION, a Delaware corporation, with offices at 50 Rio Robles, San Jose, California 95134 (FAX (408) 576-6600) (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
MASTER DISTRIBUTION AGREEMENT BY AND BETWEEN BLUEARC CORPORATION AND HITACHI DATA SYSTEMS CORPORATIONMaster Distribution Agreement • June 24th, 2011 • Bluearc Corp • Computer storage devices • 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 • June 24th, 2011 • Bluearc Corp • Computer storage devices • California
THE SCOTTISH PROVIDENT INSTITUTION SYNAXIA NETWORKS LIMITED LEASE of premises at Queensgate House Waterside Park Bracknell BerkshireLease Agreement • June 24th, 2011 • Bluearc Corp • Computer storage devices
SYNAXIA NETWORKS LIMITED (registered number 3516646) whose registered office is at 6 Saint Andrew Street London EC4A 3LX (the Tenant).
BLUEARC CORPORATION WARRANT TO PURCHASE SHARESWarrant Agreement • June 24th, 2011 • Bluearc Corp • Computer storage devices • California
This Warrant is issued to by BlueArc Corporation a Delaware corporation (the “Company”), pursuant to the terms of that certain Note and Warrant Purchase Agreement of even date herewith, as it may be amended from time to time (the “Note Purchase Agreement”), in connection with the Company’s issuance to the holder of this Warrant of a Convertible Promissory Note (the “Note”).
BLUEARC CORPORATION AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • June 24th, 2011 • Bluearc Corp • Computer storage devices • California
THIS AGREEMENT is made as of July 14, 2010, among BlueArc Corporation, a Delaware corporation (the “Company”), the undersigned holders of the Company’s Series AA Preferred Stock (the “Series AA Preferred Stock”), Series AA-1 Preferred Stock (the “Series AA-1 Preferred Stock,” and together with the Series AA Preferred Stock, the “Series AA Preferred”), Series BB Preferred Stock (the “Series BB Preferred Stock”), the Series BB-1 Preferred Stock (“Series BB-1 Preferred Stock,” and together with the Series BB Preferred Stock, the “Series BB Preferred”), Series CC Preferred Stock (the “Series CC Preferred”), Series DD Preferred (the “Series DD Preferred Stock”), the Series DD-1 Preferred Stock (the “Series DD-1 Preferred Stock,” and together with the Series DD Preferred Stock, the “Series DD Preferred”), Series EE Preferred Stock (the “Series EE Preferred”), Series FF Preferred Stock (the “Series FF Preferred Stock”), the Series FF-1 Preferred Stock (the “Series FF-1 Preferred Stock,” and t
ContractWarrant Agreement • June 24th, 2011 • Bluearc Corp • Computer storage devices • 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.
OEM LICENSE AND DISTRIBUTION AGREEMENTOem License and Distribution Agreement • June 24th, 2011 • Bluearc Corp • Computer storage devices • California
This OEM License and Distribution Agreement (the “Agreement”), effective as of November 12, 2003 (the, “Effective Date”) is entered into by and between LSI Logic Storage Systems, Inc., (“SSI”), a Delaware, corporation, with its principal place of business located at 1621 Barber Lane, Milpitas, California 95035, and, BlueArc Corporation (“OEM”), with its principal place of business located at 225 Baypointe Parkway, San Jose, California 95134. SSI and OEM may also be referred to herein collectively as “parties” and individually each as, a “party”.
THIRD AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 24th, 2011 • Bluearc Corp • Computer storage devices
THIS THIRD AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into this 2nd day of June, 2011 (the “Amendment Closing Date”), by and between SILICON VALLEY BANK (“Bank”) and BLUEARC CORPORATION, a Delaware corporation (“Borrower”) whose address is 50 Rio Robles, San Jose, California 95134.
AMENDMENT NO. ONE TO MASTER DISTRIBUTION AGREEMENT BY AND BETWEEN BLUEARC CORPORATION AND HITACHI DATA SYSTEMS CORPORATIONMaster Distribution Agreement • June 24th, 2011 • Bluearc Corp • Computer storage devices
This Amendment No. One to the Master Distribution Agreement otherwise known as the Managed Inventory Services Amendment (“MISA”) is made as of the last date of signature (“Commencement Date”) of the Parties below by and between BlueArc Corporation, a Delaware corporation (“BlueArc”) and Hitachi Data Systems Corporation, a Delaware corporation (“HDS”) to modify the Master Distribution Agreement (“Agreement”) between the Parties dated November 14, 2006.
ContractWarrant Agreement • June 24th, 2011 • Bluearc Corp • Computer storage devices • 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.
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 24th, 2011 • Bluearc Corp • Computer storage devices • Delaware
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of the Effective Date between GOLD HILL CAPITAL 2008, LP (“Lender”), and BLUEARC CORPORATION, a Delaware corporation (“Borrower”), provides the terms on which Lender shall lend to Borrower and Borrower shall repay Lender. The parties agree as follows:
AMENDMENT NO. THREE TO MASTER DISTRIBUTION AGREEMENT BY AND BETWEEN BLUEARC CORPORATION AND HITACHI DATA SYSTEMS CORPORATIONMaster Distribution Agreement • June 24th, 2011 • Bluearc Corp • Computer storage devices • Delaware
This Amendment No. Three (“Amendment 3”) is made as of March 19, 2010 (“Amendment 3 Effective Date”) by and between BlueArc Corporation, a Delaware corporation (“BlueArc”) and Hitachi Data Systems Corporation, a Delaware corporation (“HDS”) to modify the Master Distribution Agreement between the Parties dated November 14, 2006 (“Original Agreement”), as amended (collectively “Agreement”).
ContractWarrant Agreement • June 24th, 2011 • Bluearc Corp • Computer storage devices • 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.
SECOND AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 24th, 2011 • Bluearc Corp • Computer storage devices
THIS SECOND AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into this day of November, 2010, but is effective as of November 1, 2010, by and between SILICON VALLEY BANK (“Bank”) and BLUEARC CORPORATION, a Delaware corporation (“Borrower”) whose address is 50 Rio Robles, San Jose, California 95134.
FIRST AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 24th, 2011 • Bluearc Corp • Computer storage devices
THIS FIRST AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into this 26 day of April, 2010, by and between SILICON VALLEY BANK (“Bank”) BLUEARC CORPORATION, a Delaware corporation (“Borrower”) whose address is 50 Rio Robles, San Jose, California 95134.
AMENDMENT NO. TWO TO MASTER DISTRIBUTION AGREEMENT BY AND BETWEEN BLUEARC CORPORATION AND HITACHI DATA SYSTEMS CORPORATIONMaster Distribution Agreement • June 24th, 2011 • Bluearc Corp • Computer storage devices • California
This Amendment No. Two (“Amendment 2”) to the Master Distribution Agreement is made as of August 31, 2009 (“Amendment 2 Effective Date”) by and between BlueArc Corporation, a Delaware corporation (“BlueArc”) and Hitachi Data Systems Corporation, a Delaware corporation (“HDS”) to modify the Master Distribution Agreement between the Parties dated November 14, 2006 (“Original Agreement”), as amended (collectively “Agreement”).
