TENDER AGREEMENTTender Agreement • July 29th, 2016 • Avast Holding B.V. • Services-prepackaged software • Delaware
This TENDER AGREEMENT (this “Agreement”), dated as of July 6, 2016, is entered into by and among, TA X L.P., a Delaware limited partnership, TA Atlantic and Pacific VI L.P., a Delaware limited partnership, TA Strategic Partners Fund II L.P., a Delaware limited partnership, TA Strategic Partners Fund II-A L.P., a Delaware limited partnership and TA Investors III L.P. a Delaware limited partnership (each a “Shareholder” and, together, the “Shareholders”), Avast Holding B.V., a private company with limited liability (besloten vennootschap met beperkte aansprakelijkheid) organized under the laws of The Netherlands (“Parent”), and Avast Software B.V., a private company with limited liability (besloten vennootschap met beperkte aansprakelijkheid) organized under the laws of The Netherlands and a direct wholly owned subsidiary of Parent (“Buyer”).
CONFIDENTIALITY AGREEMENT May 28, 2016Confidentiality Agreement • July 29th, 2016 • Avast Holding B.V. • Services-prepackaged software • New York
In connection with your consideration of a possible negotiated transaction (the “Transaction”) between AVG Technologies N.V., a public limited liability company (naamloze vennootschap) incorporated under the laws of the Netherlands (together with its subsidiaries, the “Company”), and AVAST Holding B.V. (“Acquiror”) that is supported by the Company’s Boards and recommended to the Company’s shareholders, and in order to allow Acquiror and the Company to evaluate and pursue the Transaction, it is expected that each of the Company and its Representatives (as defined below), on the one hand, and Acquiror and its Representatives, on the other hand (each such party when disclosing such information hereunder, a “Disclosing Party”), will furnish or otherwise make available to the other (each such party when receiving such information hereunder, a “Receiving Party”) certain information regarding its business, operations and affairs. Such information (whether oral, written, electronic or otherwis
