CREDIT AGREEMENT dated as of October 4, 2013,Credit Agreement • October 7th, 2013 • SolarWinds, Inc. • Services-prepackaged software • New York
CREDIT AGREEMENT, dated as of October 4, 2013, by and among SOLARWINDS, Inc., a Delaware corporation, as Borrower, the lenders who are party to this Agreement and the lenders who may become a party to this Agreement pursuant to the terms hereof, as Lenders, and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent for the Lenders.
GUARANTY AGREEMENTGuaranty Agreement • October 7th, 2013 • SolarWinds, Inc. • Services-prepackaged software • New York
GUARANTY AGREEMENT (this “Guaranty”), dated as of October 4, 2013, by SOLARWINDS WORLDWIDE, LLC, a Delaware limited liability company (a “Guarantor” and, together with any future Subsidiaries of the Borrower (as hereinafter defined) executing this Guaranty, the “Guarantors”) in favor of and for the benefit of WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as the administrative agent for and representative of (in such capacity herein called the “Guarantied Party”) the lenders party to the Credit Agreement referred to below from time to time (the “Lenders”), any Hedge Banks (as defined in the Credit Agreement referred to below), and any Cash Management Banks (as defined in the Credit Agreement referred to below), and in favor of and for the benefit of the other Beneficiaries (as hereinafter defined).
AGREEMENT AND PLAN OF MERGER AND REORGANIZATION dated as of OCTOBER 1, 2013 by and among SOLARWINDS WORLDWIDE, LLC, OPTIMUS ACQUISITION CORP., CONFIO CORPORATION, THE EQUITY HOLDER REPRESENTATIVE OF CONFIO CORPORATION and U.S. BANK, NATIONAL...Merger Agreement • October 7th, 2013 • SolarWinds, Inc. • Services-prepackaged software • Delaware
THIS AGREEMENT AND PLAN OF MERGER AND REORGANIZATION (this “Agreement”) is entered into as of October 1, 2013 by and among (a) SolarWinds Worldwide, LLC, a Delaware limited liability company (“SolarWinds”); (b) Optimus Acquisition Corp., a Delaware corporation (the “Merger Sub”) and a wholly-owned subsidiary of SolarWinds; (c) Confio Corporation, a Delaware corporation (“Confio”); (d) Charles Sander, in his capacity as the Equity Holder Representative (as defined in Section 3.12); and (e) solely for purposes of Article VII, U.S. Bank, National Association (the “Escrow Agent”). SolarWinds, Confio, the Merger Sub and the Equity Holder Representative are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
