UNDERWRITING AGREEMENTUnderwriting Agreement • May 18th, 2020 • Fastly, Inc. • Services-prepackaged software • New York
FASTLY, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • May 6th, 2019 • Fastly, Inc. • Services-prepackaged software • Delaware
This INDEMNIFICATION AGREEMENT (this “Agreement”) is dated as of _________________, 20__ and is between Fastly, Inc., a Delaware corporation (the “Company”), and ______________ (“Indemnitee”).
FASTLY, INC. AND U.S. BANK NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of March 5, 2021 0% Convertible Senior Notes due 2026Indenture • March 5th, 2021 • Fastly, Inc. • Services-prepackaged software • New York
INDENTURE dated as of March 5, 2021 between FASTLY, INC., a Delaware corporation, as issuer (the “Company,” as more fully set forth in Section 1.01) and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee,” as more fully set forth in Section 1.01).
Fastly, Inc. and _____________, As Warrant Agent Form of Preferred Stock Warrant Agreement Dated As Of __________Warrant Agreement • August 3rd, 2023 • Fastly, Inc. • Services-prepackaged software • New York
This Preferred Stock Warrant Agreement (this “Agreement”), dated as of [●], between Fastly, Inc., a Delaware corporation (the “Company”), and [●], a [corporation] [national banking association] organized and existing under the laws of [●] and having a corporate trust office in [●], as warrant agent (the “Warrant Agent”).
Fastly, Inc. and _____________, As Warrant Agent Form of Debt Securities Warrant Agreement Dated As Of __________Warrant Agreement • August 3rd, 2023 • Fastly, Inc. • Services-prepackaged software • New York
This Debt Securities Warrant Agreement (this “Agreement”), dated as of [●], between Fastly, Inc., a Delaware corporation (the “Company”), and [●], a [corporation] [national banking association] organized and existing under the laws of [●] and having a corporate trust office in [●], as warrant agent (the “Warrant Agent”).
ContractFastly, Inc. • April 19th, 2019 • 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 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 THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
FASTLY, INC., Issuer AND Trustee INDENTURE Dated as of [_], 20__ Debt SecuritiesFastly, Inc. • August 3rd, 2023 • Services-prepackaged software • New York
FASTLY, INC. AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • April 19th, 2019 • Fastly, Inc. • Services-prepackaged software • Delaware
This AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENT (the “Agreement”) is entered into as of the 29th day of June, 2018, by and among FASTLY, INC., a Delaware corporation (the “Company”), and the investors listed on Exhibit A hereto, referred to hereinafter as the “Investors” and each individually as an “Investor.”
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • August 2nd, 2023 • Fastly, Inc. • Services-prepackaged software • New York
This First Amendment to Credit Agreement (this “Amendment”) dated and effective as of June 28, 2023 (the “First Amendment Effective Date”) by and among FASTLY, INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities party hereto (the “Lenders”) and SILICON VALLEY BANK, A DIVISION OF FIRST-CITIZENS BANK & TRUST COMPANY
FASTLY, INC. CHANGE OF CONTROL AND RETENTION AGREEMENTChange of Control and Retention Agreement • April 19th, 2019 • Fastly, Inc. • Services-prepackaged software • California
This Change of Control and Retention Agreement (the “Agreement”) is made and entered into by and between Joshua Bixby (the “Executive”) and Fastly, Inc. (the “Company”), as of 2/6/2019.
ContractEnglish Warrant Agreement • February 14th, 2019 • Fastly, 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.
FASTLY, INC. OPTION AGREEMENT (INCENTIVE STOCK OPTION OR NONSTATUTORY STOCK OPTION)Option Agreement • April 19th, 2019 • Fastly, Inc. • Services-prepackaged software
Pursuant to your Stock Option Grant Notice (“Grant Notice”) and this Option Agreement, Fastly, Inc. (the “Company”) has granted you an option under its 2011 Equity Incentive Plan (the “Plan”) to purchase the number of shares of the Company’s Common Stock indicated in your Grant Notice at the exercise price indicated in your Grant Notice. Defined terms not explicitly defined in this Option Agreement but defined in the Plan shall have the same definitions as in the Plan.
Re: Transition and Separation Agreement Dear Wolfgang:Fastly, Inc. • August 7th, 2020 • Services-prepackaged software • California
This letter sets forth the terms of the transition and separation agreement (the “Agreement”) that Fastly, Inc. (the “Company”) is offering to you to aid in your employment transition.
THIRD AMENDMENT TO CREDIT AGREEMENT AND FIRST AMENDMENT TO DISCLOSURE LETTERCredit Agreement • May 1st, 2024 • Fastly, Inc. • Services-prepackaged software • New York
This Third Amendment to Credit Agreement and First Amendment to Disclosure Letter (this “Amendment”) dated and effective as of April 30, 2024 (the “Third Amendment Effective Date”) is entered into by and among FASTLY, INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities party hereto (the “Lenders”) and SILICON VALLEY BANK, A DIVISION OF FIRST-CITIZENS BANK & TRUST COMPANY (“SVB”), as the Administrative Agent (SVB, in such capacity, the “Administrative Agent”), and as the Issuing Lender and the Swingline Lender.
Re: Modification of Offer Letter AgreementLetter Agreement • April 18th, 2023 • Fastly, Inc. • Services-prepackaged software • Delaware
As you know, you are currently employed by Fastly, Inc. (“Fastly” or the “Company”) as its Chief Architect pursuant to the terms set forth in an offer letter agreement dated May 3, 2019 (the “Original Offer Letter Agreement”), a copy of which is attached hereto as Exhibit A, as modified by the Modification of Offer Letter Agreement dated February 19, 2020 (the “Prior Modification Letter” and, together with the Original Offer Letter Agreement, the “Offer Letter Agreement”), a copy of which is attached hereto as Exhibit B. You and the Company hereby agree to further modify the Offer Letter Agreement, effective as of April 12, 2023, as follows:
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • February 22nd, 2024 • Fastly, Inc. • Services-prepackaged software • New York
This Second Amendment to Credit Agreement (this “Amendment”) dated and effective as of February 16, 2024 (the “Second Amendment Effective Date”) by and among FASTLY, INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities party hereto (the “Lenders”) and SILICON VALLEY BANK, A DIVISION OF FIRST-CITIZENS BANK & TRUST COMPANY (“SVB”), as the Administrative Agent (SVB, in such capacity, the “Administrative Agent”), and as the Issuing Lender and the Swingline Lender.
September 6, 2022 Via Email Joshua Bixby Re: Transition and Separation Agreement Dear Joshua:Employment Agreement • September 6th, 2022 • Fastly, Inc. • Services-prepackaged software
This letter sets forth the terms of the transition and separation agreement (the “Agreement”) that Fastly, Inc. and Fastly International (Holdings) Ltd. (collectively, the “Company”) is offering to you to aid in your employment transition in connection with the termination of your services to the Company as its President and Chief Executive Officer (“CEO”).
CASH COLLATERALIZED REVOLVING CREDIT AGREEMENT Dated as of November 4, 2019 among FASTLY, INC., as Borrower and CITIBANK, N.A., as LenderCredit Agreement • March 4th, 2020 • Fastly, Inc. • Services-prepackaged software • New York
This CREDIT AGREEMENT dated as of November 4, 2019 (the “Credit Agreement”) between FASTLY, INC., a Delaware corporation (the “Borrower”) and CITIBANK, N.A. (the “Lender”).
SECOND AMENDMENT TO LEASELease • April 4th, 2019 • Fastly, Inc. • Services-prepackaged software • California
THIS SECOND AMENDMENT TO LEASE (“Second Amendment”), dated as of the 11th day of March, 2019 (the “Effective Date”), is between CLPF-475 BRANNAN STREET, L.P., a Delaware limited partnership (“Landlord”) and FASTLY, INC., a Delaware corporation (“Tenant”).
SILICON VALLEY BANK $30,000,000.00 SECOND LIEN CREDIT FACILITIES CREDIT AGREEMENT dated as of December 24, 2018, among FASTLY, INC., as the Borrower, THE SEVERAL LENDERS FROM TIME TO TIME PARTY HERETO, and SILICON VALLEY BANK, as Administrative AgentFastly, Inc. • February 14th, 2019 • Services-prepackaged software • California
THIS CREDIT AGREEMENT (this “Agreement”), dated as of December 24, 2018, is entered into by and among FASTLY, INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time party to this Agreement (each a “Lender” and, collectively, the “Lenders”) and SILICON VALLEY BANK (“SVB”), as administrative agent and collateral agent for the Lenders (in such capacities, the “Administrative Agent”).
Re: Modification of Offer Letter AgreementLetter Agreement • November 7th, 2023 • Fastly, Inc. • Services-prepackaged software
As you know, you are currently employed by Fastly, Inc. (“Fastly” or the “Company”) as its Chief Architect pursuant to the terms set forth in an offer letter dated May 3, 2019 (the “Original Offer Letter Agreement”), a copy of which is attached hereto as Exhibit A, as modified by the Modification of Offer Letter Agreement, dated February 19, 2020 (the “Prior Modification Letter” and, together with the Original Offer Letter Agreement, the “Offer Letter Agreement”), a copy of which is attached hereto as Exhibit B. You and the Company hereby agree to modify the Offer Letter Agreement, effective as of November 2, 2023, as follows:
FIRST AMENDMENT TO LEASELease • February 14th, 2019 • Fastly, Inc. • Services-prepackaged software
THIS FIRST AMENDMENT TO LEASE (“First-Amendment”), dated as of the 27th day of May, 2015 (the “Effective Date”), is between CLPF-475 BRANNAN STREET, L.P., a Delaware limited partnership (“Landlord”) and FASTLY, INC., a Delaware corporation (“Tenant”).
Your Employment Agreement (the “Agreement”) with Fastly International (Holdings) Ltd. (the “Company”)Your Employment Agreement • February 20th, 2020 • Fastly, Inc. • Services-prepackaged software • British Columbia
This Agreement sets out the terms and conditions applying to your employment with the Company. All the parts of this Agreement combined constitute your employment agreement. If there is any conflict between Parts 1 and 2 of this Agreement then the terms set out in Part 1 will take precedence.
INDEPENDENT CONTRACTOR SERVICES AGREEMENT [Non-U.S. Contractors]Independent Contractor Services Agreement • February 14th, 2019 • Fastly, Inc. • Services-prepackaged software • California
THIS AGREEMENT is made as of October 28_, 2013, (“Effective Date”) by and between FASTLY, INC. and its successors or assignees (“Company”) and the undersigned [POSSIBILITIES TRAINING GROUP] (“Contractor”).
SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 14th, 2019 • Fastly, Inc. • Services-prepackaged software • Delaware
THIS SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of November 1, 2017 (the “Effective Date”) between SILICON VALLEY BANK, a California corporation (“Bank”), and FASTLY, INC., a Delaware corporation (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. This Agreement amends and restates in its entirety, and replaces, the terms of (and obligations outstanding under) that certain Amended and Restated Loan and Security Agreement between Borrower and Bank dated as of November 21 2014, as amended by that certain First Amendment to Amended and Restated Loan and Security Agreement dated as of August 11, 2016, between Borrower and Bank, as amended by that certain Second Amendment to Amended and Restated Loan and Security Agreement dated as of February 8, 2017, between Borrower and Bank, and as further amended by that certain Third Amendment to Amended and Restated Loan and Security Agreement dated as of March
May 4, 2021 Via Email Mr. Adriel Lares Re: Transition and Separation Agreement Dear Adriel:Fastly, Inc. • May 5th, 2021 • Services-prepackaged software • California
This letter sets forth the terms of the transition and separation agreement (the “Agreement”) that Fastly, Inc. (the “Company”) is offering to you to aid in your employment transition in connection with the termination of your services to the Company as its Chief Financial Officer (“CFO”).
ContractFastly, Inc. • February 14th, 2019 • 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 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 THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
May 3, 2019 Mr. Artur BergmanEmployment Terms • May 6th, 2019 • Fastly, Inc. • Services-prepackaged software
Fastly, Inc. (“Fastly” or the “Company”) is pleased to offer you continued employment as Chief Executive Officer (“CEO”) pursuant to the terms set forth in this offer letter agreement (the “Agreement”). Capitalized terms will have the definitions and meanings set forth herein.
Re: Modification of Offer Letter AgreementLetter Agreement • February 20th, 2020 • Fastly, Inc. • Services-prepackaged software • California
As you know, you are currently employed by Fastly, Inc. (“Fastly” or the “Company”) as its Chief Executive Officer (“CEO”) pursuant to the terms set forth in an offer letter agreement dated May 3, 2019 (the “Offer Letter Agreement”), a copy of which is attached hereto as Exhibit A. You and the Company hereby agree to modify the Offer Letter Agreement, effective as of February 18, 2020, as follows:
FIRST AMENDMENT TO WARRANT TO PURCHASE STOCKPurchase Stock • February 14th, 2019 • Fastly, Inc. • Services-prepackaged software
THIS FIRST AMENDMENT to Warrant to Purchase Stock (this “Amendment”) is entered into this 30th day of September, 2013, by and between SVB Financial Group (“SVBFG”) and Fastly, Inc., a Delaware corporation (the “Company”).
