Page ---- Article I Certain Definitions............................................... 1 Article II Registration Rights.............................................. 4 2.1 Demand Registrations.............................................. 4 2.2...Stockholders' Agreement • February 18th, 2000 • Vstream Inc /Co • Delaware
AMENDMENT TO EVOKE COMMUNICATIONS, B.V. SHAREHOLDERS AGREEMENTShareholders Agreement • March 29th, 2001 • Evoke Communications Inc • Communications services, nec
ASSET PURCHASE AGREEMENTAsset Purchase Agreement • May 15th, 2002 • Raindance Communications Inc • Communications services, nec • Colorado
7,000,000 Shares 1/ - Common Stock ($.001 par value) Underwriting AgreementEvoke Communications Inc • June 23rd, 2000 • Communications services, nec • New York
Exhibit 10.9 VSTREAM INCORPORATED SERIES C PREFERRED STOCK PURCHASE AGREEMENT TABLE OF CONTENTSPreferred Stock Purchase Agreement • February 18th, 2000 • Vstream Inc /Co • Delaware
VSTREAM INCORPORATEDStockholders' Agreement • February 18th, 2000 • Vstream Inc /Co • Colorado
AMENDMENT TOAgreement and Plan of Reorganization • May 2nd, 2000 • Evoke Communications Inc • Communications services, nec • California
Exhibit 10.12 NOTE AND WARRANT PURCHASE AGREEMENT THIS NOTE AND WARRANT PURCHASE AGREEMENT is made as of the 3lst day of March, 1998 by and among VStream Incorporated, a Delaware corporation (the "Company"), and the persons and entities named on the...Note and Warrant Purchase Agreement • February 18th, 2000 • Vstream Inc /Co • Colorado
EXHIBIT 10.20 Confidential Treatment Requested with respect to certain portions of this agreement. SHAREHOLDERS AGREEMENT SHAREHOLDERS AGREEMENT, dated as of June 9, 2000 (this "Agreement"), between Evoke Communications Inc., a Delaware corporation...Shareholders Agreement • June 23rd, 2000 • Evoke Communications Inc • Communications services, nec • New York
Exhibit 10.15 *** Text Omitted and Filed Separately Confidential Treatment Requested under 17C.F.R Sections 200.80(b)(4), 200.83 and 240.24b-2 SOURCE CODE AND OBJECT CODE LICENSE AGREEMENT This Source Code and Object Code License Agreement (the...License Agreement • March 9th, 2000 • Evoke Inc • Communications services, nec • California
EXHIBIT 10.5 AMENDED AND RESTATED INVESTORS AGREEMENT This Investors Agreement (this "Agreement") dated as of November 17, 1999, is by and among (i) VStream Incorporated, a Delaware corporation (the "Company"), and (ii) the holders of the Company's...Investors Agreement • February 18th, 2000 • Vstream Inc /Co • Colorado
Exhibit 10.10 VSTREAM INCORPORATED Series D Preferred Stock Purchase Agreement Series D Preferred Stock Purchase Agreement This Series D Preferred Stock Purchase Agreement (the "Agreement") is entered into as of November 17, 1999, by and among VStream...Series D Preferred Stock Purchase Agreement • February 18th, 2000 • Vstream Inc /Co • Delaware
ANDAgreement and Plan of Reorganization • March 31st, 2000 • Evoke Inc • Communications services, nec • California
Exhibit 10.17 PERSONAL SERVICES AGREEMENT This PERSONAL SERVICES AGREEMENT is made as of November 17, 1999 and shall be effective as of the date of the consummation of VStream, Inc.'s Series D Preferred Stock Financing (the "Effective Date"), by and...Personal Services Agreement • February 18th, 2000 • Vstream Inc /Co • Colorado
LEASE -----Vstream Inc /Co • February 18th, 2000
EXHIBIT 10.25 TERMINATION AND RELEASE This TERMINATION AND RELEASE (this "Agreement") is made as of the date set forth below (the "Effective Date") by and between Work.com LLC, a Delaware limited liability company ("Work.com") and the person or entity...Termination and Release • March 29th, 2001 • Evoke Communications Inc • Communications services, nec • California
EXHIBIT 10.7 FORM OF INDEMNITY AGREEMENT This Agreement is made and entered into this ____ day of March, 2000 by and between Evoke Incorporated, a Delaware corporation (the "Corporation"), and _____ ("Agent").Form of Indemnity Agreement • February 18th, 2000 • Vstream Inc /Co • Delaware
Exhibit 10.20 PERSONAL SERVICES AGREEMENT This PERSONAL SERVICES AGREEMENT is made as of and effective on March 28, 2000, (the "Effective Date") by and between Evoke Incorporated, a Delaware corporation (the "Company") having its principal place of...Personal Services Agreement • March 31st, 2000 • Evoke Inc • Communications services, nec • Colorado
Exhibit 10.16 PERSONAL SERVICES AGREEMENT This PERSONAL SERVICES AGREEMENT is made as of November 17, 1999 and shall be effective as of the date of the consummation of VStream, Inc.'s Series D Preferred Stock Financing (the "Effective Date"), by and...Personal Services Agreement • February 18th, 2000 • Vstream Inc /Co • Colorado
VSTREAM INCORPORATEDPreferred Stock Purchase Agreement • February 18th, 2000 • Vstream Inc /Co • Colorado
Exhibit 10.19 EVOKE INCORPORATED Series E Preferred Stock Purchase Agreement Table of ContentsSeries E Preferred Stock Purchase Agreement • March 31st, 2000 • Evoke Inc • Communications services, nec • Delaware
I. RECITALSSeparation and Release Agreement • March 29th, 2001 • Evoke Communications Inc • Communications services, nec
Stock Option Agreement (Incentive and Nonstatutory Stock Options)Stock Option Agreement • January 28th, 2005 • Raindance Communications Inc • Communications services, nec
Pursuant to the Stock Option Grant Notice (“Grant Notice”) and this Stock Option Agreement, Raindance Communications, Inc. (the “Company”) has granted you (“Participant”) an option under its 2000 Equity Incentive Plan (the “Plan”) to purchase the number of shares of the Company’s Common Stock indicated in the Grant Notice at the exercise price indicated in the Grant Notice. Defined terms not explicitly defined in this Stock Option Agreement but defined in the Plan shall have the same definitions as in the Plan.
SEPARATION AND RELEASE AGREEMENTSeparation and Release Agreement • November 14th, 2003 • Raindance Communications Inc • Communications services, nec
This SEPARATION AND RELEASE AGREEMENT (the “Agreement”) is made and entered into by and between Raindance Communications, Inc. (“Raindance” or “the Company”) and Paul Berberian (“Mr. Berberian”) (collectively “parties”) as of the Execution Date of this Agreement defined in Paragraph 26 below.
ACCELERATED OPTION SHARES LOCK-UP AGREEMENTRaindance Communications Inc • December 19th, 2005 • Communications services, nec • Colorado
The undersigned officer of Raindance Communications, Inc., a Delaware corporation (the “Company”), was granted certain stock options pursuant to the Company’s 2000 Equity Incentive Plan (the “Plan”) as listed in Schedule A below (the stock options so listed are referred to herein as the “Accelerated Options”). Pursuant to Section 12(e) of the Plan, the Company’s Board of Directors plans to amend the terms of the Accelerated Options in order to accelerate the vesting of such options so that the undersigned has the right to exercise such options in their entirety on December 31, 2005 (the “Amendment”).
August 20, 2004 Don Detampel 369 Steele Street Denver, CO 80206 Re: Amended Offer Letter with Raindance Communications, Inc. Dear Don:Raindance Communications Inc • November 9th, 2004 • Communications services, nec
This amended offer letter (“Amendment”) with Raindance Communications, Inc. (the “Company”) amends that certain offer letter between you and the Company dated January 27, 2004 (the “Offer Letter”). If you agree to these terms and conditions, please initial the bottom of each page and sign at the end of this letter in the spaces indicated.
Raindance Communications, Inc. 2000 Equity Incentive Plan Stock Bonus AgreementStock Bonus Agreement • January 28th, 2005 • Raindance Communications Inc • Communications services, nec
Pursuant to the Stock Bonus Grant Notice (“Grant Notice”) and this Stock Bonus Agreement (collectively, the “Award”), Raindance Communications, Inc. (the “Company”) has awarded you a stock bonus pursuant to Section 7(a) of its 2000 Equity Incentive Plan (the “Plan”) for the number of shares of the Company’s Common Stock subject to the Award as indicated in the Grant Notice. Defined terms not explicitly defined in this Stock Bonus Agreement but defined in the Plan shall have the same definitions as in the Plan.
AGREEMENT AND PLAN OF MERGER BY AND AMONG RAINDANCE COMMUNICATIONS, INC., WEST CORPORATION AND ROCKIES ACQUISITION CORPORATION Dated as of February 6, 2006Agreement and Plan of Merger • February 7th, 2006 • Raindance Communications Inc • Communications services, nec • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of February 6, 2006, by and among Raindance Communications, Inc., a Delaware corporation (“Raindance”), West Corporation, a Delaware corporation (“West”), and Rockies Acquisition Corporation, a Delaware corporation and a wholly owned subsidiary of West (“Merger Sub”).
January 27, 2004 Don Detampel 369 Steele Street Denver, CO 80206 Dear Don:Raindance Communications Inc • March 12th, 2004 • Communications services, nec • Colorado
Raindance Communications, Inc. (“Company”) is very pleased to offer you employment as our Chief Executive Officer. This letter (“Agreement”) states the complete terms and conditions of your offer. If you agree to these terms and conditions, please initial the bottom of each page and sign at the end of this letter in the spaces indicated.
AMENDMENT TO PERSONAL SERVICES AGREEMENTPersonal Services Agreement • August 14th, 2002 • Raindance Communications Inc • Communications services, nec
This Amendment is made as of June 26, 2002, by and between Raindance Communications, Inc., a Delaware corporation (the “Company”) and Paul Berberian (“Executive”).
LEASE -----Vstream Inc /Co • February 18th, 2000 • Colorado
Amendment to Offer Letter dated January 27, 2004 between Raindance Communication, Inc. and Donald F. Detampel, Jr.Raindance Communications Inc • January 25th, 2006 • Communications services, nec
This letter amends the offer letter previously provided to you by Raindance Communications, Inc. (the “Company”), dated January 27, 2004, as amended (the “Offer Letter”). Except as specifically set forth below, all provisions of the Offer Letter will remain in full force and effect and all capitalized terms used herein not defined in this letter will have the meanings in the Offer Letter.
Exhibit 10.3 EVOKE INCORPORATED AMENDED AND RESTATED STOCKHOLDERS' AGREEMENT March 29, 2000 Table Of Contents Page ARTICLE 1 CERTAIN DEFINITIONS............................ 1 ARTICLE 2 REGISTRATION RIGHTS............................ 4 2.1 Demand...Evoke Incorporated • March 31st, 2000 • Evoke Inc • Communications services, nec • Delaware
RECITALSVstream Services Agreement • March 9th, 2000 • Evoke Inc • Communications services, nec • California
Raindance Communications, Inc. 2000 Equity Incentive Plan Stock Purchase AgreementStock Purchase Agreement • January 28th, 2005 • Raindance Communications Inc • Communications services, nec
Raindance Communications, Inc. (the “Company”) wishes to sell to you, and you wish to purchase, shares of Common Stock from the Company, pursuant to the provisions of the Company’s 2000 Equity Incentive Plan (the “Plan”).
