FIRST AMENDMENT TO THE RIGHTS AGREEMENTRights Agreement • May 6th, 2013 • BMC Software Inc • Services-prepackaged software • Delaware
This FIRST AMENDMENT TO THE RIGHTS AGREEMENT (this “Amendment”) is made and entered into as of May 4, 2013, between BMC Software, Inc., a Delaware corporation (the “Company”), and Computershare Trust Company, N.A., as rights agent (the “Rights Agent”). Except as otherwise provided herein, all capitalized terms used in this Amendment and not defined herein shall have the meanings ascribed thereto in the Rights Agreement.
VOTING AGREEMENTVoting Agreement • May 6th, 2013 • BMC Software Inc • Services-prepackaged software • Delaware
This VOTING AGREEMENT (this “Agreement”), is dated as of May 4, 2013, by and among Boxer Parent Company Inc., a Delaware corporation (“Parent”), BMC Software, Inc., a Delaware corporation (the “Company”), and the stockholders of the Company listed on the signature pages hereto (each, a “Stockholder” and collectively, the “Stockholders”). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to such terms in the Draft Merger Agreement (as defined below).
ContractCredit Agreement • May 6th, 2013 • BMC Software Inc • Services-prepackaged software • New York
AMENDMENT NO. 1 dated as of May 6, 2013 (this “Amendment”), to the Credit Agreement dated as of November 21, 2012 (as may be amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among BMC SOFTWARE, INC. (the “Borrower”), BANK OF AMERICA, N.A., as administrative agent (in such capacity, the “Administrative Agent”) and each additional lender from time to time party thereto (collectively with Bank of America, N.A. in its capacity as a Lender, the “Lenders”).
