ContractPurchase Agreement • August 24th, 2011 • Jive Software, Inc. • Delaware
THIS WARRANT AND THE SECURITIES ISSUABLE UPON THE EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, HYPOTHECATED, OR OTHERWISE TRANSFERRED EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR AN OPINION OF COUNSEL SATISFACTORY TO THE COMPANY THAT REGISTRATION IS NOT REQUIRED UNDER SUCH ACT OR UNLESS SOLD PURSUANT TO RULE 144 UNDER SUCH ACT.
JIVE SOFTWARE, INC. THIRD AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT March 28, 2011Investors’ Rights Agreement • August 24th, 2011 • Jive Software, Inc. • Delaware
THIS THIRD AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (this “Agreement”) is made as of the 28th day of March, 2011, by and among Jive Software, Inc., a Delaware corporation (the “Company”), and each of the investors and the founders of the Company listed on Schedule A hereto (together, the “Investors” and the “Founders,” respectively).
ContractJive Software, Inc. • August 24th, 2011 • 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.
AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 24th, 2011 • Jive Software, Inc.
THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of the Effective Date between SILICON VALLEY BANK, a California corporation (“Bank”), and JIVE SOFTWARE, INC., a Delaware corporation, formerly known as CoolServlets Inc. (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank.
JIVE SOFTWARE EXECUTIVE EMPLOYMENT AGREEMENT for Anthony ZingaleExecutive Employment Agreement • August 24th, 2011 • Jive Software, Inc. • California
This Executive Employment Agreement (“Agreement”) is effective as of May 3, 2010, by and between Anthony Zingale (“Executive”) and Jive Software (the “Company”).
