ContractWarrant Agreement • April 10th, 2014 • Zendesk, Inc. • Services-computer processing & data preparation • 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 AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
ZENDESK, INC. Indemnification AgreementIndemnification Agreement • April 10th, 2014 • Zendesk, Inc. • Services-computer processing & data preparation • Delaware
This Indemnification Agreement (“Agreement”) is made as of by and between Zendesk, Inc., a Delaware corporation (the “Company”), and (“Indemnitee”).
ZENDESK, INC. THIRD AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT SEPTEMBER 5, 2012Investors’ Rights Agreement • April 10th, 2014 • Zendesk, Inc. • Services-computer processing & data preparation • Delaware
THIS THIRD AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (this “Agreement”) is made and entered into as of September 5, 2012, by and among Zendesk, Inc., a Delaware corporation (including its predecessors, the “Company”), and each of the investors listed on Schedule A hereto (each, an “Investor,” and collectively, the “Investors”).
1019 MARKET STREET LEASE AGREEMENT 1019 MARKET ST. PROPERTY, LLC, a Delaware limited liability company, as Landlord, and ZENDESK, INC., a Delaware corporation, as TenantLease Agreement • April 10th, 2014 • Zendesk, Inc. • Services-computer processing & data preparation
This Lease Agreement, which includes the preceding Summary attached hereto and incorporated herein by this reference (the Lease Agreement and Summary to be known sometimes collectively hereafter as the “Lease”), dated as of the date set forth in Section 1 of the Summary, is made by and between 1019 MARKET ST. PROPERTY, LLC, a Delaware limited liability company (“Landlord”), and ZENDESK, INC., a Delaware corporation (“Tenant”).
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 10th, 2014 • Zendesk, Inc. • Services-computer processing & data preparation • California
This SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into this 30th day of December, 2013, by and between SILICON VALLEY BANK (“Bank”) and ZENDESK, INC., a Delaware corporation (“Borrower”).
SECOND AMENDMENT TO LEASE (989 Market Street)Lease • April 10th, 2014 • Zendesk, Inc. • Services-computer processing & data preparation
THIS SECOND AMENDMENT TO LEASE (“Second Amendment”) is made and entered into as of the 11th day of August, 2011 (“Effective Date”) by and between 989 MARKET ASSOCIATES, LLC, a Delaware limited liability company (“Landlord”) and ZENDESK INC., a Delaware corporation (“Tenant”).
FIRST AMENDMENT AND WAIVER TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 10th, 2014 • Zendesk, Inc. • Services-computer processing & data preparation • California
This FIRST AMENDMENT AND WAIVER TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into this 14th day of June, 2013, by and between SILICON VALLEY BANK (“Bank”) and ZENDESK, INC., a Delaware corporation (“Borrower”).
SUBLEASE BETWEEN ZOOSK, INC. AND ZENDESK, INC. SAN FRANCISCO, CALIFORNIA Portion of the Fourth (4th) FloorSublease • April 10th, 2014 • Zendesk, Inc. • Services-computer processing & data preparation • California
THIS SUBLEASE (“Sublease”) is entered into as of August 1, 2012 (the “Effective Date”), by and between ZOOSK, INC., a Delaware corporation (“Sublandlord”) and ZENDESK, INC., a Delaware corporation (“Subtenant”), with reference to the following facts:
OFFICE LEASEOffice Lease • April 10th, 2014 • Zendesk, Inc. • Services-computer processing & data preparation • California
THIS OFFICE LEASE (this “Lease”) dated April 29, 2011 (for reference purposes only), is executed by and between 989 MARKET STREET, LLC (“Landlord”) and ZENDESK INC., a Delaware Corporation (“Tenant”).
THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 10th, 2014 • Zendesk, Inc. • Services-computer processing & data preparation • California
This THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into this day of February 7, 2014, by and between SILICON VALLEY BANK (“Bank”) and ZENDESK, INC., a Delaware corporation (“Borrower”).
SHARE PURCHASE AND SALE AGREEMENT by and among ZENDESK, INC., ZOPIM TECHNOLOGIES PTE LTD, THE SELLERS (as defined herein), certain of the VESTED OPTIONHOLDERS (as defined herein), and ROYSTON TAY, as the Representative of the Sellers for purposes of...Share Purchase and Sale Agreement • April 10th, 2014 • Zendesk, Inc. • Services-computer processing & data preparation • Delaware
THIS SHARE PURCHASE AND SALE AGREEMENT (the “Agreement”) is made and entered into as of March 14, 2014, by and among the Sellers listed on Exhibit A-1 hereto (the “Sellers”), certain of the Vested Optionholders (as defined below) listed on Exhibit A-2 hereto, Zopim Technologies Pte Ltd, a private limited company duly organized under the laws of Singapore (the “Company”), Zendesk, Inc., a Delaware corporation (the “Buyer”), and Royston Tay as the representative of the Sellers and Vested Optionholders (the “Seller Representative”).
FIRST AMENDMENT TO LEASE (989 Market Street)Lease • April 10th, 2014 • Zendesk, Inc. • Services-computer processing & data preparation
THIS FIRST AMENDMENT TO LEASE (“First Amendment”) is made and entered into as of the 28th day of June, 2011 (“Effective Date”) by and between 989 MARKET STREET, LLC, a Nevada limited liability company (“Landlord”) and ZENDESK INC., a Delaware corporation (“Tenant”).
THIRD AMENDMENT TO LEASELease • April 10th, 2014 • Zendesk, Inc. • Services-computer processing & data preparation
THIS THIRD AMENDMENT TO LEASE (“Third Amendment”) is entered into as of September 11, 2013 (the “Third Amendment Effective Date”), by and between HMC MID-MARKET VENTURES LLC, a Delaware limited liability company (“Landlord”) and ZENDESK INC., Delaware corporation (“Tenant”) with reference to the following facts:
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 10th, 2014 • Zendesk, Inc. • Services-computer processing & data preparation • California
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of June 12, 2012 (the “Effective Date”) between SILICON VALLEY BANK, a California corporation (“Bank”), and ZENDESK, 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:
