0001193125-13-316773 Sample Contracts

FIREEYE, INC. INDEMNIFICATION AGREEMENT
Indemnification Agreement • August 2nd, 2013 • FireEye, Inc. • Computer peripheral equipment, nec • Delaware

This Indemnification Agreement (this “Agreement”) is dated as of [insert date], and is between FireEye, Inc., a Delaware corporation (the “Company”), and [insert name of indemnitee] (“Indemnitee”).

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Contract
FireEye, Inc. • August 2nd, 2013 • Computer peripheral equipment, nec • 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.

WARRANT TO PURCHASE STOCK
FireEye, Inc. • August 2nd, 2013 • Computer peripheral equipment, nec • California

THIS WARRANT CERTIFIES THAT, for the agreed upon value of $1.00 and for other good and valuable consideration, including, without limitation, the mutual promises contained in that certain Loan and Security Agreement of even date herewith entered into by and among NETFORTS, INC. (the “Company”), and SILICON VALLEY BANK and GOLD HILL VENTURE LENDING 03, LP (the “Holder”), Holder is entitled to purchase the number of fully paid and non-assessable shares of the class of securities (the “Shares”) of the company (the “Company”) at the Warrant Price, all as set forth above and as adjusted pursuant to Article 2 of this Warrant, subject to the provisions and upon the terms and conditions set forth in this Warrant.

WARRANT TO PURCHASE STOCK
FireEye, Inc. • August 2nd, 2013 • Computer peripheral equipment, nec • California

THIS WARRANT CERTIFIES THAT, for the agreed upon value of $1.00 and for other good and valuable consideration, including, without limitation, the mutual promises contained in that certain Loan Modification Agreement of even date herewith (the “Loan Modification Agreement”) entered into by and among FIREEYE, INC. (the “Company”), and SILICON VALLEY BANK (“SVB”) and GOLD HILL VENTURE LENDING 03, LP (the “Holder”), Holder is entitled to purchase the number of fully paid and non-assessable shares of the class of securities (the “Shares”) of the company (the “Company”) at the Warrant Price, all as set forth above and as adjusted pursuant to Article 2 of this Warrant, subject to the provisions and upon the terms and conditions set forth in this Warrant. The Loan and Security Agreement, dated as of August 16, 2005, among the Holder, SVB and the Company, as modified by the Loan Modification Agreement and as further amended or otherwise modified from time to time is hereinafter referred to as t

AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • August 2nd, 2013 • FireEye, Inc. • Computer peripheral equipment, nec • California

THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of August 26, 2011 (the “Effective Date”) between SILICON VALLEY BANK, a California corporation (“Bank”), and FIREEYE, INC., a Delaware corporation (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:

Flextronics Design and Manufacturing Services Agreement
Services Agreement • August 2nd, 2013 • FireEye, Inc. • Computer peripheral equipment, nec • California

This Design and Manufacturing Services Agreement (the “Agreement”) is made as of September 28th 2012 (the “Effective Date”), by and between FireEye Incorporated, having its place of business at 1440 McCarthy Blvd Milpitas, CA 95035 (“Customer”) and Flextronics Telecom Systems, Ltd., having its place of business at Level 3, Alexander House, 35 Cybercity, Ebene, Mauritius (“Flextronics”).

Contract
Terms and Conditions • August 2nd, 2013 • FireEye, Inc. • Computer peripheral equipment, nec • California

This Agreement (“Agreement”) is entered into as of 9/29, 2010 (the “Effective Date”) between AMAX Information Technologies, with its principal place of business at 1565 Reliance Way Fremont, California 94539 (“AMAX”) and FireEye Inc., with its principal place of business at 1390 McCarthy Blvd, Milpitas, CA 95035 (“Customer”).

FIREEYE, INC. AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT DECEMBER 27, 2012
Investors’ Rights Agreement • August 2nd, 2013 • FireEye, Inc. • Computer peripheral equipment, nec • California

THIS AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (the “Agreement”) is made as of December 27, 2012, by and among FireEye, Inc., a Delaware corporation (the “Company”), and the investors listed on Schedule A hereto, each of which is herein referred to as an “Investor” and collectively, the “Investors”.

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