0001193125-17-191336 Sample Contracts

TINTRI, INC. INDEMNIFICATION AGREEMENT
Indemnification Agreement • June 1st, 2017 • Tintri, Inc. • Services-computer processing & data preparation • Delaware

This Indemnification Agreement (this “Agreement”) is dated as of [______], 2017, and is between Tintri, Inc., a Delaware corporation (the “Company”), and [insert name of indemnitee] (“Indemnitee”).

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Contract
Tintri, Inc. • June 1st, 2017 • 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.

Contract
English Warrant Agreement • June 1st, 2017 • Tintri, Inc. • Services-computer processing & data preparation • 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.

Contract
Tintri, Inc. • June 1st, 2017 • Services-computer processing & data preparation • Delaware

THIS WARRANT AND THE UNDERLYING SECURITIES HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR UNDER THE SECURITIES LAWS OF ANY STATE. THESE SECURITIES MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED EXCEPT AS PERMITTED UNDER THE ACT AND APPLICABLE STATE SECURITIES LAWS IN ACCORDANCE WITH APPLICABLE REGISTRATION REQUIREMENTS OR AN EXEMPTION THEREFROM. THE ISSUER OF THESE SECURITIES MAY REQUIRE AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO THE ISSUER THAT SUCH OFFER, SALE, TRANSFER, PLEDGE OR HYPOTHECATION OTHERWISE COMPLIES WITH THE ACT AND ANY APPLICABLE STATE SECURITIES LAWS. THIS WARRANT MUST BE SURRENDERED TO THE COMPANY OR ITS TRANSFER AGENT AS A CONDITION PRECEDENT TO THE SALE, TRANSFER, PLEDGE OR HYPOTHECATION OF ANY INTEREST IN ANY OF THE SECURITIES REPRESENTED HEREBY.

PLAIN ENGLISH GROWTH CAPITAL LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • June 1st, 2017 • Tintri, Inc. • Services-computer processing & data preparation • California

This is a PLAIN ENGLISH GROWTH CAPITAL LOAN AND SECURITY AGREEMENT dated as of February 6, 2015 by and between TINTRI, INC. a Delaware corporation, as borrower, and any other Person that executes a Joinder Agreement to become a borrower under this Agreement, and TRIPLEPOINT CAPITAL LLC, a Delaware limited liability company, as lender.

LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • June 1st, 2017 • Tintri, Inc. • Services-computer processing & data preparation • Delaware

THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of May 14, 2013 (the “Effective Date”) is between SILICON VALLEY BANK, a California corporation (“Bank”), and TINTRI, INC., a Delaware corporation (“Borrower”), and provides the terms on which Bank shall lend to Borrower, and Borrower shall repay Bank. The parties agree as follows:

TINTRÍ, INC. CEO EMPLOYMENT AGREEMENT
Employment Agreement • June 1st, 2017 • Tintri, Inc. • Services-computer processing & data preparation • California

This CEO EMPLOYMENT AGREEMENT (this “Agreement”) is entered into effective as of the last date signed below, (the “Effective Date”) by and between Tintrí, Inc. (the “Company”), and Ken Klein (“Executive”).

LEASE AGREEMENT
Lease Agreement • June 1st, 2017 • Tintri, Inc. • Services-computer processing & data preparation

THIS LEASE is mutually agreed to and executed in duplicate as of March 28, 2014 by and between Ravendale Partners, LLC, a California Limited Liability Company (hereinafter called “Landlord”), and Tintri, Inc., a Delaware Corporation (hereinafter called “Tenant”).

Flextronics Infrastructure Manufacturing Services Agreement
Services Agreement • June 1st, 2017 • Tintri, Inc. • Services-computer processing & data preparation • California

This Flextronics Manufacturing Services Agreement (“Agreement”) is entered into as of the date of the last signature of the parties hereto (the “Effective Date”) by and between Tintri, Inc., a Delaware corporation having its place of business at 303 Ravendale Drive, Mountain View, CA 94043 (“Customer”) and Flextronics Telecom Systems, Ltd., a Mauritius corporation having its place of business at Level 3, Alexander House, 35 Cybercity, Ebene, Mauritius (“Flextronics”).

TINTRÍ, INC. AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT July 24, 2015
Investors’ Rights Agreement • June 1st, 2017 • Tintri, Inc. • Services-computer processing & data preparation • California

This Amended and Restated Investors’ Rights Agreement (this “Agreement”) is made as of July 24, 2015, by and among Tintrí, Inc., a Delaware corporation (the “Company”), the investors listed on Exhibit A attached hereto (each, an “Investor,” and together, the “Investors”) and each of Kieran Harty and Mark Gritter (each, a “Founder,” and together, the “Founders”).

OMNIBUS AMENDMENT
Omnibus Amendment • June 1st, 2017 • Tintri, Inc. • Services-computer processing & data preparation • Delaware

THIS OMNIBUS AMENDMENT (this “Amendment”) is given as of June 1, 2017, by Tintrí, Inc., a Delaware corporation (the “Company”), and the undersigned stockholders of the Company.

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