Berg & Berg Enterprises Inc Sample Contracts

Berg & Berg Enterprises Inc – REGISTRATION RIGHTS (November 25th, 1997)

EXHIBIT 4 REGISTRATION RIGHTS 1. DEFINITIONS. For purposes of this Appendix II: (a) The term "register", "registered," and "registration" refer to a registration effected by preparing and filing a registration statement or similar document in compliance with the Act and the declaration or ordering of effectiveness of such registration statement or document; (b) The term "Registrable Securities" means (1) the Common Stock of the Company issued pursuant to the Agreement (the "Purchasers' Stock") and (2) any Common Stock of the Company issued as (or issuable upon the conversion or exercise of any warrant, right, or other security which is issued as) a dividend or other distribution with respect to, or in exchange for or in replacement of, such Purchasers' Stock, excluding in all cases, however, any Registrable Securities sold by a person in a transaction in which such person's rights

Berg & Berg Enterprises Inc – VOTING RIGHTS AGREEMENT (August 14th, 1997)

VOTING RIGHTS AGREEMENT This Voting Rights Agreement (the "Agreement") is made and entered into as of this 4th day of August, 1997 by and among each of the persons listed on Exhibit A hereto (the "Investors") and Berg & Berg Enterprises, Inc. ("BBE"). R E C I T A L S WHEREAS, Mission West Properties, a California corporation (the "Company"), BBE and certain shareholders of the Company entered into a Stock Purchase Agreement, dated as of May 27, 1997 and as amended as of July 2, 1997 (the "Purchase Agreement") pursuant to which the Company agreed to sell and issue 6,000,000 shares of the Company's Common Stock to a group of private investors led by BBE; WHEREAS, concurrently herewith, each Investor has executed the Purchase Agreement and subscribed to the number of shares of the Company's Common Stock indicated on a subscription form delivered by each Investor (the "Purchase"); and WHEREAS, i