NUTANIX, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • December 22nd, 2015 • Nutanix, Inc. • Services-prepackaged software • Delaware
This Indemnification Agreement (this “Agreement”) is dated as of [ ], 2015 (the “Effective Date”), and is between Nutanix, Inc., a Delaware corporation (the “Company”), and [insert name of indemnitee] (“Indemnitee”).
ContractWarrant Agreement • December 22nd, 2015 • Nutanix, Inc. • Services-prepackaged software • California
THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 AS AMENDED (the “1933 ACT”), OR ANY STATE SECURITIES LAWS. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT RELATED THERETO OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO YOU THAT SUCH REGISTRATION IS NOT REQUIRED UNDER THE 1933 ACT, OR ANY APPLICABLE STATE SECURITIES LAWS.
OFFICE LEASEOffice Lease • December 22nd, 2015 • Nutanix, Inc. • Services-prepackaged software • California
This Office Lease (this “Lease”), dated as of the date set forth in Section 1.1, is made by and between CA-METRO PLAZA LIMITED PARTNERSHIP, a Delaware limited partnership (“Landlord”), and NUTANIX, INC., a Delaware corporation (“Tenant”). The following exhibits are incorporated herein and made a part hereof: Exhibit A (Outline of Premises); Exhibit B (Intentionally Omitted); Exhibit C (Form of Confirmation Letter); Exhibit D (Rules and Regulations); Exhibit E (Judicial Reference); Exhibit F (Additional Provisions); and Exhibit G (Asbestos Notification.
OFFICE LEASEOffice Lease • December 22nd, 2015 • Nutanix, Inc. • Services-prepackaged software • California
This Office Lease (this “Lease”), dated as of the date set forth in Section 1.1, is made by and between CA-1740 TECHNOLOGY DRIVE LIMITED PARTNERSHIP, a Delaware limited partnership (“Landlord”), and NUTANIX, INC., a Delaware corporation (“Tenant”). The following exhibits are incorporated herein and made a part hereof: Exhibit A (Outline of Premises); Exhibit B (Intentionally Omitted); Exhibit C (Form of Confirmation Letter); Exhibit D (Rules and Regulations); Exhibit E (Judicial Reference); Exhibit F (Additional Provisions), Exhibit F-1 (Landlord’s Furniture); Exhibit G (Description of Proposed Initial Alterations).
NUTANIX, INC. AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • December 22nd, 2015 • Nutanix, Inc. • Services-prepackaged software • California
This Amended and Restated Investors’ Rights Agreement (this “Agreement”) is made and entered into as of August 26, 2014, by and among Nutanix, Inc., a Delaware corporation (the “Company”), the holders of outstanding shares of Common Stock of the Company listed on Schedule 1 hereto (the “Founders”), the purchasers of Series E Preferred Stock of the Company listed on Schedule 2 hereto (the “New Investors”), and the holders of outstanding shares of Series A Preferred Stock of the Company, Series B Preferred Stock of the Company, Series C Preferred Stock and Series D Preferred Stock of the Company listed on Schedule 3 hereto (the “Existing Preferred Holders” and, together with the New Investors, the “Investors”).
NUTANIX, INC. COMERICA BANK LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 22nd, 2015 • Nutanix, Inc. • Services-prepackaged software • California
This LOAN AND SECURITY AGREEMENT (as amended, restated, modified or otherwise supplemented from time to time, this “Agreement”) is entered into as of November 26, 2013, by and between Comerica Bank (“Bank”) and NUTANIX, INC., a Delaware corporation (“Borrower”).
CONFIDENTIALTREATMENT REQUESTED CONFIDENTIAL PORTIONS OF THIS DOCUMENT HAVE BEEN REDACTED AND HAVE BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION Original Equipment Manufacturer (OEM) Purchase AgreementOem Purchase Agreement • December 22nd, 2015 • Nutanix, Inc. • Services-prepackaged software • California
This Original Equipment Manufacturer (OEM) Purchase Agreement (“Agreement”) is made and entered into by and between SUPER MICRO COMPUTER INC. (“Supplier”), a Delaware corporation having its principal place of business at 980 Rock Avenue, San Jose, CA 95131 and NUTANIX, INC. (“OEM”), a Delaware corporation and an original equipment manufacturer having its principal place of business at 1740 Technology Drive, Suite 150, San Jose, California, 95110, United States.
ContractWarrant Agreement • December 22nd, 2015 • Nutanix, Inc. • Services-prepackaged software • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR ANY APPLICABLE STATE SECURITIES LAWS, AND, EXCEPT AND PURSUANT TO THE PROVISIONS OF ARTICLE 4 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED WITHOUT AN EFFECTIVE REGISTRATION THEREOF UNDER THE ACT AND ANY APPLICABLE STATE SECURITIES LAWS, OR PURSUANT TO RULE 144 OR AN EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE ACT AND ANY APPLICABLE STATE SECURITIES LAWS.
Dheeraj Pandey c/o Nutanix, Inc.Employment Agreement • December 22nd, 2015 • Nutanix, Inc. • Services-prepackaged software • California
Nutanix, Inc., a Delaware corporation the “Company”), is pleased to offer you continued employment with the Company on the terms described below. This letter agreement is effective as of the date signed below on the signature page.
NUTANIX, INC. WARRANT TO PURCHASE SHARES OF CAPITAL STOCKWarrant Agreement • December 22nd, 2015 • Nutanix, Inc. • Services-prepackaged software • California
THIS CERTIFIES that, for value received, [ ], its successors and permitted assigns (the “Holder”), is entitled, upon the terms and subject to the conditions hereinafter set forth in this instrument (the “Warrant”), to subscribe for and purchase from Nutanix, Inc., a Delaware corporation with principal offices at 2350 Mission College Blvd, Suite 215, Santa Clara, CA 95054 (the “Company”), that number of the fully paid and nonassessable Shares (as defined below) that can be purchased with [ ] Dollars ($[ ]) (the “Aggregate Coverage Amount,” which amount represents 4% of the principal amount of that certain Convertible Promissory Note issued by the Company to the Holder as of the date hereof (the “Note”)) at the applicable Exercise Price set forth below, subject to the provisions and upon the terms and conditions hereinafter set forth, which Aggregate Coverage Amount shall increase automatically with respect to each full month occurring ninety (90) days after the date hereof by an amount
