ASSET PURCHASE AGREEMENT BY AND AMONG CARBONITE, INC. (as “Buyer”), CARBONITE CLOUD BACKUP (CANADA) INC. (as “Carbonite Canada”), CARBONITE GMBH (as “Carbonite Switzerland”), CARBONITE OPERATIONS BV (as “Carbonite Netherlands”), EVAULT, INC. (as...Asset Purchase Agreement • January 13th, 2016 • Carbonite Inc • Services-computer processing & data preparation • Delaware
Contract Type FiledJanuary 13th, 2016 Company Industry JurisdictionTHIS ASSET PURCHASE AGREEMENT (this “Agreement”) dated as of December 15, 2015, is by and among Carbonite, Inc., a Delaware corporation (“Buyer”), Carbonite Cloud Backup (Canada) Inc., a company organized under the laws of Canada and wholly owned subsidiary of Buyer (“Carbonite Canada”), Carbonite GmbH, an entity organized under the laws of Switzerland and wholly owned subsidiary of Buyer (“Carbonite Switzerland”), Carbonite Operations BV, an entity organized under the laws of the Netherlands and wholly owned subsidiary of Buyer (“Carbonite Netherlands”), EVault, Inc., a Delaware corporation (“Seller”), and solely with respect to Section 12.12, Seagate Technology (US) Holdings, Inc., a Delaware corporation (“Seller Parent”). Buyer, Carbonite Canada, Carbonite Switzerland and Carbonite Netherlands are sometimes collectively referred to herein as the “Buyer Entities.” Buyer, the Buyer Entities, Seller, and Seller Parent are sometimes collectively referred to herein as the “Parties”. Any