XACTLY CORPORATION INVESTOR RIGHTS AGREEMENT November 17, 2014Investor Rights Agreement • June 8th, 2015 • Xactly Corp • Services-prepackaged software • California
This Amended and Restated Investor Rights Agreement (the “Agreement”) is made as of November 17, 2014, by and among Xactly Corporation, a Delaware corporation (the “Company”), and the persons and entities listed on Exhibit A hereto (the “Investors”).
RIVERPARK TOWER II 300 PARK AVENUE SAN JOSE, CALIFORNIA OFFICE LEASE RIVERPARK TOWER II, LLC, a Delaware limited liability company as Landlord, and XACTLY CORPORATION, a Delaware corporation as TenantOffice Lease • June 8th, 2015 • Xactly Corp • Services-prepackaged software
This Summary of Basic Lease Information (“Summary”) is hereby incorporated into and made a part of the attached Office Lease. Each reference in the Office Lease to any term of this Summary shall have the meaning as set forth in this Summary for such term. In the event of a conflict between the terms of this Summary and the Office Lease, the terms of the Office Lease shall prevail. Any capitalized terms used herein and not otherwise defined herein shall have the meaning as set forth in the Office Lease.
AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT between XACTLY CORPORATION and WELLINGTON FINANCIAL LP dated as of October 24, 2014Loan and Security Agreement • June 8th, 2015 • Xactly Corp • Services-prepackaged software
AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (the “Agreement”) dated as of October 24, 2014, by and among XACTLY CORPORATION a corporation duly organized and validly existing under the laws of the Delaware (“Borrower” or the “Company”) and WF FUND IV LIMITED PARTNERSHIP (c/o/b as WELLINGTON FINANCIAL LP and WELLINGTON FINANCIAL FUND IV) (“Lender”).
CONSENT AND SIXTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 8th, 2015 • Xactly Corp • Services-prepackaged software • California
This CONSENT AND SIXTH AMENDMENT to Amended and Restated Loan and Security Agreement (this “Consent”) is entered into as of October 24, 2014, by and between Silicon Valley Bank (“Bank”) and Xactly Corporation, a Delaware corporation, and Centive, Inc., a Delaware corporation (individually and collectively, jointly and severally, “Borrower”) whose address is 225 West Santa Clara Street, Suite 1200, San Jose, California 95113.
MEZZANINE LOAN AND SECURITY AGREEMENTMezzanine Loan and Security Agreement • June 8th, 2015 • Xactly Corp • Services-prepackaged software
THIS MEZZANINE LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of October 24, 2014 (the “Effective Date”) between SILICON VALLEY BANK (“Bank”), and XACTLY CORPORATION (“Parent”) and CENTIVE, INC. (together with Parent, “Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
