EXHIBIT 10.2 ------------------------------------------------------------------ -------------- AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT BRIO TECHNOLOGY, INC. TABLE OF CONTENTSLoan and Security Agreement • June 29th, 2001 • Brio Technology Inc • Services-prepackaged software
AMENDED AND RESTATED RIGHTS AGREEMENTRights Agreement • March 3rd, 1998 • Brio Technology Inc • California
AGREEMENT ---------Indemnification Agreement • March 3rd, 1998 • Brio Technology Inc • Delaware
EXHIBIT 10.29 LOAN AND SECURITY AGREEMENT by and between BRIO SOFTWARE, INC.Loan and Security Agreement • February 14th, 2002 • Brio Software Inc • Services-prepackaged software • California
AGREEMENT ---------Employment Agreement • July 9th, 1999 • Brio Technology Inc • Services-prepackaged software • California
This Employment Agreement (the "Agreement") is entered into as of June 18, --------- 2001 by and between James Guthrie (the "Executive") and Brio Technology, Inc., a --------- Delaware corporation (the "Company"). -------Employment Agreement • August 14th, 2001 • Brio Technology Inc • Services-prepackaged software • California
a) Position. During his employment under this Agreement -------- ("Employment"), the Company agrees to employ the Executive in the position of ---------- President and Chief Executive Officer. As such, the Executive shall report to the Company's Board...Employment Agreement • June 29th, 2001 • Brio Technology Inc • Services-prepackaged software • California
EMPLOYMENT AGREEMENT -------------------- This Employment Agreement is made and entered into by and between BRIO TECHNOLOGY, INC. (the "Company") and Karen Willem ("Willem") as of July 21, 1997 ("Effective Date"). 1. POSITION AND DUTIES: Willem is...Employment Agreement • March 3rd, 1998 • Brio Technology Inc • California
NONSTATUTORY STOCK OPTION AGREEMENT -----------------------------------Nonstatutory Stock Option Agreement • November 5th, 2001 • Brio Software Inc • Services-prepackaged software
WHEREAS, by that certain Lease and Sublease Assignment and Assumption Agreement dated as of May 31, 1994 (the "Assumption Agreement"), by and among -------------------- Landlord, Assignor and Sublandlord, Assignor assigned to Landlord all of...Brio Technology Inc • March 3rd, 1998
EXHIBIT 2.3 AMENDMENT NO. 2 ---------------Agreement and Plan of Merger • July 6th, 1999 • Brio Technology Inc • Services-prepackaged software
EXHIBIT 10.28 SEPARATION AND RELEASE AGREEMENT This Separation and Release Agreement (the "Agreement") is entered into by and between Tamara L. MacDuff (the "Executive") and Brio Software, Inc., a Delaware corporation (the "Company"). WHEREAS, Ms....Separation and Release Agreement • February 14th, 2002 • Brio Software Inc • Services-prepackaged software • California
This Employment Agreement (the "Agreement") is entered into as of March 6, --------- 2001 by and between Donald M. Beck (the "Executive") and Brio Technology, Inc., --------- a Delaware corporation (the "Company"). -------Employment Agreement • June 29th, 2001 • Brio Technology Inc • Services-prepackaged software • California
This Employment Agreement is made and entered into by and between BRIO TECHNOLOGY, INC. (the "Company") and Robert W. Currie ("Currie") as of July 15, 1996 ("Effective Date"). 1. POSITION AND DUTIES: Currie is employed by the Company as...Employment Agreement • March 3rd, 1998 • Brio Technology Inc • California
EXHIBIT 10.23 EMPLOYMENT AGREEMENT This Employment Agreement is entered into as of April 16, 2001, by and between Todd Davis (the "Executive") and Brio Technology, Inc., a Delaware corporation (the "Company"). 1. Duties and Scope of Employment....Employment Agreement • August 14th, 2001 • Brio Technology Inc • Services-prepackaged software • California
EXHIBIT 10.27 CONFIDENTIAL RESIGNATION AGREEMENT ---------------------------------- AND GENERAL RELEASE OF CLAIMS (the "Agreement") ----------------------------------------------- 1. Arun Shah ("Employee") was employed by Brio Technology, Inc. (the...Confidential Resignation Agreement • November 14th, 2001 • Brio Software Inc • Services-prepackaged software
EXHIBIT 10.22 CONFIDENTIAL SEPARATION AGREEMENT --------------------------------- AND GENERAL RELEASE OF CLAIMS ----------------------------- 1. Scott Chalmers ("Employee") was employed by Brio Technology, Inc. (the "Company") on or about August 3,...Confidential Separation Agreement • June 29th, 2001 • Brio Technology Inc • Services-prepackaged software
Exhibit 10.30 EMPLOYMENT AGREEMENT This Employment Agreement is entered into as of January 7, 2002, by and between Craig Collins (the "Executive") and Brio Software, Inc., a Delaware corporation (the "Company" or "Brio Software"). 1. Duties and Scope...Employment Agreement • May 21st, 2002 • Brio Software Inc • Services-prepackaged software • California
WITNESSETH:Lease Agreement • March 3rd, 1998 • Brio Technology Inc
EXHIBIT 1.1 BRIO TECHNOLOGY, INC. _________ SHARES COMMON STOCK, PAR VALUE $0.001 PER SHARE UNDERWRITING AGREEMENT Dated April ____, 1998 BRIO TECHNOLOGY, INC.Underwriting Agreement • April 17th, 1998 • Brio Technology Inc • Services-prepackaged software • New York
Exhibit 10.31 EMPLOYMENT AGREEMENT This Employment Agreement is entered into as of May 30, 2002 by and between Mike Levine (the "Executive") and Brio Software, Inc., a Delaware corporation (the "Company "). 1. Duties and Scope of Employment. (a)...Employment Agreement • August 14th, 2002 • Brio Software Inc • Services-prepackaged software • California
EXHIBIT 10.21 CONFIDENTIAL RESIGNATION AGREEMENT ---------------------------------- AND GENERAL RELEASE OF CLAIMS ----------------------------- 1. Sujata Luther ("Employee") was employed by Brio Technology, Inc. (the "Company") on or about June 12,...Confidential Resignation Agreement • June 29th, 2001 • Brio Technology Inc • Services-prepackaged software
Page iBrio Technology Inc • June 29th, 2000 • Services-prepackaged software • California
July 2, 1999Brio Technology Inc • July 6th, 1999 • Services-prepackaged software
This opinion is being delivered to you pursuant to Section 8.3(d) of the Agreement and Plan of Reorganization (the "Agreement") dated as of February 23, 1999, by and among SQRIBE Technologies, Inc., a Delaware corporation (the "Company"), Brio Technologies, Inc., a Delaware corporation ("Parent") and Socrates Acquisition Corp., a Delaware corporation and wholly-owned subsidiary of Brio ("Merger Sub"). Pursuant to the Agreement, Merger Sub will merge with and into the Company (the "Merger") and the Company will be the Surviving Company in the Merger. As a result of the Merger, each issued and outstanding share of common stock of the Company will be converted into common stock of Parent, and the Company will become a wholly-owned subsidiary of Parent.
BRIO SOFTWARE, INC. STOCK OPTION AGREEMENTStock Option Agreement • December 6th, 2002 • Brio Software Inc • Services-prepackaged software • Delaware
EXHIBIT 10.7 EMPLOYMENT AGREEMENT -------------------- This Employment Agreement is made and entered into by and between BRIO TECHNOLOGY, INC. (the "Company") and Yorgen H. Edholm ("Edholm") as of September 1, 1993.Employment Agreement • April 7th, 1998 • Brio Technology Inc • Services-prepackaged software • California
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 5th, 2002 • Brio Software Inc • Services-prepackaged software • California
SECURITIES PURCHASE AGREEMENT (this “Agreement”), dated as of February 20, 2002, by and among BRIO SOFTWARE, INC., a corporation organized under the laws of the State of Delaware (the “Company”), and the purchasers (the “Purchasers”) set forth on the execution pages hereof (the “Execution Pages”).
Exhibit 10.18 SECURED PROMISSORY NOTE -----------------------Brio Technology Inc • February 14th, 2001 • Services-prepackaged software
FOR VALUE RECEIVED, the undersigned, Yorgen H. Edholm and Katherine Glassey Edholm (together, the "Borrowers") promise to pay to Brio Technology, a Delaware corporation ("Lender"), or order, at the principal office of Lender, or at such other place as Lender may from time to time designate in writing, the sum of One Million Five Hundred Thousand Dollars ($1,500,000.00), plus accrued but unpaid interest thereon. Except as provided below in the case of a default in payment, the principal amount of this Note shall bear interest at a rate of 6.10% per annum. Principal and accrued interest hereunder shall be due and payable on demand on the tenth day following the release of earnings of the Lender for the December quarter provided that such time is during an open trading window for directors and officers of the Lender under the Lender's Insider Trading Policy in which the Borrowers can sell shares of Lender's Common Stock. Otherwise, the principal and accrued interest shall be due and payab
1. Grant of Option. Brio Software, a Delaware corporation (the --------------- "Company"), hereby grants to the Optionee named in the Notice of Stock Option ------- Grant attached to this Agreement ("Optionee"), an option (the "Option") to --------...Brio Software • November 5th, 2001 • Brio Software Inc • Services-prepackaged software • Delaware
CONFIDENTIAL SEPARATION AND RELEASE AGREEMENTConfidential Separation and Release Agreement • August 14th, 2003 • Brio Software Inc • Services-prepackaged software
This Separation and Release Agreement (the “Agreement”) is entered into by and between Todd Davis (the “Executive”) and Brio Software, Inc., a Delaware corporation (the “Company”).
AMENDMENT NUMBER ONE TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 30th, 2003 • Brio Software Inc • Services-prepackaged software • California
This AMENDMENT NUMBER ONE TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into as of February 27, 2002, between FOOTHILLCAPITAL CORPORATION, a California corporation (the “Lender”) and BRIO SOFTWARE, INC., a Delaware corporation (“Borrower”), with reference to the following:
AMENDMENT NUMBER TWO TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 30th, 2003 • Brio Software Inc • Services-prepackaged software • California
This AMENDMENT NUMBER TWO TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into as of May 15, 2002 by and between FOOTHILLCAPITAL CORPORATION, a California corporation (“Lender”), and BRIO SOFTWARE, INC., formerly known as Brio Technology, Inc., a Delaware corporation (“Borrower”), with reference to the following:
AMENDMENT NUMBER FOUR TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 30th, 2003 • Brio Software Inc • Services-prepackaged software • California
This AMENDMENT NUMBER FOUR TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into as of June 23, 2003 by and between WELLS FARGO FOOTHILL, INC., a California corporation and successor in interest to Foothill Capital Corporation (“Lender”), and BRIO SOFTWARE, INC., formerly known as Brio Technology, Inc., a Delaware corporation (“Borrower”), with reference to the following:
AMENDMENT NUMBER THREE TO LOAN AND SECURITY AGREEMENT AND WAIVERLoan and Security Agreement and Waiver • June 30th, 2003 • Brio Software Inc • Services-prepackaged software • California
This AMENDMENT NUMBER THREE TO LOAN AND SECURITY AGREEMENT AND WAIVER (this “Amendment”) is entered into as of August 13, 2002 by and between FOOTHILL CAPITAL CORPORATION, a California corporation (“Lender”), and BRIO SOFTWARE, INC., formerly known as Brio Technology, Inc., a Delaware corporation (“Borrower”), with reference to the following:
May 19, 2000Brio Technology Inc • June 29th, 2000 • Services-prepackaged software
