180,000,000 SENIOR SECURED CREDIT FACILITIES AMENDED AND RESTATED CREDIT AGREEMENT dated as of August 13, 2014 among FITBIT, INC., as the Borrower, THE SEVERAL LENDERS FROM TIME TO TIME PARTIES HERETO, SILICON VALLEY BANK, as Administrative Agent,...Guarantee and Collateral Agreement • May 7th, 2015 • Fitbit Inc • Electronic computers • New York
THIS CREDIT AGREEMENT (this “Agreement”), dated as of August 13, 2014, is entered into by and among (a) FITBIT, INC., a Delaware corporation (the “Borrower”), (b) the several banks and other financial institutions or entities from time to time parties to this Agreement (each a “Lender” and, collectively, the “Lenders”), (c) SILICON VALLEY BANK (“SVB”), as the Issuing Lender and the Swingline Lender, (d) SVB, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), (e) SVB and SUNTRUST BANK (“SunTrust “), as co-collateral agents for the Lenders (in such capacity, each a “Collateral Agent” and collectively, the “Collateral Agents”), (f) SUNTRUST and MORGAN STANLEY SENIOR FUNDING, INC. (“Morgan Stanley”), as co-syndication agents for the Lenders (in such capacity, each a “Syndication Agent” and collectively, the “Syndication Agents”), and (g) SVB, SUNTRUST ROBINSON HUMPHREY, INC., and MORGAN STANLEY, as co-lead arrangers and joint bookrunners (in such capaci
INDEMNIFICATION AGREEMENTAgreement • May 7th, 2015 • Fitbit Inc • Electronic computers • Delaware
THIS AGREEMENT (the “Agreement”) is made and entered into as of [—], between FitBit, Inc., a Delaware corporation (the “Company”), and [—] (“Indemnitee”).
ContractFitbit Inc • May 7th, 2015 • Electronic computers • 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 LAWSOR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
OFFICE LEASE BY AND BETWEEN 405 HOWARD, LLC AND FITBIT, INC. Date: September 30, 2013Office Lease • May 7th, 2015 • Fitbit Inc • Electronic computers • California
FITBIT, INC. THIRD AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT June 6, 2013Investors’ Rights Agreement • May 7th, 2015 • Fitbit Inc • Electronic computers • Delaware
THIS THIRD AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (the “Agreement”) is made as of the 6th day of June, 2013, by and among FITBIT, INC., a Delaware corporation (the “Company”), the investors listed on Schedule A hereto, each of which is herein referred to as an “Investor”, and James Park and Eric Friedman (the “Key Holders”).
