EGAIN Corp – AMENDMENT NUMBER ONE TO CREDIT AGREEMENT (September 12th, 2019)This Amendment Number One to Credit Agreement (“Amendment”) is entered into as of September 1, 2015, by and among Lenders identified on the signature pages of this Amendment and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”) on the one hand, and eGAIN CORPORATION, a Delaware corporation (“eGain”), and the Subsidiaries of eGain identified on the signature pages hereof (such Subsidiaries, together with eGain, are referred to each individually as a “Borrower”, and individually and collectively, jointly and severally, as the “Borrowers”) on the other hand, in light of the following:
EGAIN Corp – CREDIT AGREEMENT (September 12th, 2019)THIS CREDIT AGREEMENT (this “Agreement”), is entered into as of November 21, 2014, by and among the lenders identified on the signature pages hereof (each of such lenders, together with its successors and permitted assigns, is referred to hereinafter as a “Lender”, as that term is hereinafter further defined), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”), eGAIN CORPORATION (“eGain”), and the Subsidiaries of eGain identified on the signature pages hereof (such Subsidiaries, together with eGain, are referred to hereinafter each individually as a “Borrower”, and individually and collectively, jointly and severally, as the “Borrowers”).
EGAIN Corp – eGAIN CORPORATION 2017 EMPLOYEE STOCK PURCHASE PLAN (as adopted by the Board October 16, 2017) (September 12th, 2019)The Plan was adopted by the Board on October 16, 2017 and shall be effective on November 21, 2017, subject to stockholder approval (the “Effective Date”). The purpose of the Plan is to provide Eligible Employees with an opportunity to increase their proprietary interest in the success of the Company by purchasing Stock from the Company on favorable terms and to pay for such purchases through payroll deductions. The Plan is intended to qualify under section 423 of the Code.
EGAIN Corp – AMENDMENT NUMBER TWO TO CREDIT AGREEMENT (September 12th, 2019)This Amendment Number Two to Credit Agreement (“Amendment”) is entered into as of January 27, 2017, by and among Lenders identified on the signature pages of this Amendment and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”) on the one hand, and eGAIN CORPORATION, a Delaware corporation (“eGain”), and the Subsidiaries of eGain identified on the signature pages hereof (such Subsidiaries, together with eGain, are referred to each, individually, and collectively, jointly and severally, as “Borrower”) on the other hand, in light of the following:
EGAIN Corp – eGAIN CORPORATION 2017 EMPLOYEE STOCK PURCHASE PLAN (as adopted by the Board October 16, 2017) (May 9th, 2019)The Plan was adopted by the Board on October 16, 2017 and shall be effective on November 21, 2017, subject to stockholder approval (the “Effective Date”). The purpose of the Plan is to provide Eligible Employees with an opportunity to increase their proprietary interest in the success of the Company by purchasing Stock from the Company on favorable terms and to pay for such purchases through payroll deductions. The Plan is intended to qualify under section 423 of the Code.
EGAIN Corp – 2,000,000 Shares EGAIN CORPORATION COMMON STOCK PAR VALUE $0.001 PER SHARE UNDERWRITING AGREEMENT March 14, 2019 (March 14th, 2019)eGain Corporation, a Delaware corporation (the “Company”), proposes to issue and sell to the several Underwriters named in Schedule I hereto (the “Underwriters”), for whom Roth Capital Partners, LLC (the “Representative”) is acting as Representative, an aggregate of 2,000,000 shares of common stock, par value $0.001 per share, of the Company (the “Firm Shares”).
EGAIN Corp – eGAIN CORPORATION 2017 EMPLOYEE STOCK PURCHASE PLAN (as adopted by the Board October 16, 2017) (February 11th, 2019)The Plan was adopted by the Board on October 16, 2017 and shall be effective on November 21, 2017, subject to stockholder approval (the “Effective Date”). The purpose of the Plan is to provide Eligible Employees with an opportunity to increase their proprietary interest in the success of the Company by purchasing Stock from the Company on favorable terms and to pay for such purchases through payroll deductions. The Plan is intended to qualify under section 423 of the Code.
EGAIN Corp – eGAIN CORPORATION 2017 EMPLOYEE STOCK PURCHASE PLAN (as adopted by the Board October 16, 2017) (November 9th, 2018)The Plan was adopted by the Board on October 16, 2017 and shall be effective on November 21, 2017, subject to stockholder approval (the “Effective Date”). The purpose of the Plan is to provide Eligible Employees with an opportunity to increase their proprietary interest in the success of the Company by purchasing Stock from the Company on favorable terms and to pay for such purchases through payroll deductions. The Plan is intended to qualify under section 423 of the Code.
EGAIN Corp – AMENDMENT NUMBER TWO TO CREDIT AGREEMENT (February 2nd, 2017)This Amendment Number Two to Credit Agreement (“Amendment”) is entered into as of January 27, 2017, by and among Lenders identified on the signature pages of this Amendment and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”) on the one hand, and eGAIN CORPORATION, a Delaware corporation (“eGain”), and the Subsidiaries of eGain identified on the signature pages hereof (such Subsidiaries, together with eGain, are referred to each, individually, and collectively, jointly and severally, as “Borrower”) on the other hand, in light of the following:
EGAIN Corp – EGAIN CORPORATION EXECUTIVE CHANGE IN CONTROL SEVERANCE AGREEMENT (November 6th, 2015)This Executive Change in Control Severance Agreement (the “Agreement”) is made and entered into by and between [●] (“Executive”) and eGain Corporation (the “Company”), effective as of [●], 2015 (the “Effective Date”).
EGAIN Corp – AMENDMENT NUMBER ONE TO CREDIT AGREEMENT (September 14th, 2015)This Amendment Number One to Credit Agreement (“Amendment”) is entered into as of September 2, 2015, by and among Lenders identified on the signature pages of this Amendment and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”) on the one hand, and eGAIN CORPORATION, a Delaware corporation (“eGain”), and the Subsidiaries of eGain identified on the signature pages hereof (such Subsidiaries, together with eGain, are referred to each individually as a “Borrower”, and individually and collectively, jointly and severally, as the “Borrowers”) on the other hand, in light of the following:
EGAIN Corp – AMENDMENT NUMBER ONE TO CREDIT AGREEMENT (September 3rd, 2015)This Amendment Number One to Credit Agreement (“Amendment”) is entered into as of September __, 2015, by and among Lenders identified on the signature pages of this Amendment and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”) on the one hand, and eGAIN CORPORATION, a Delaware corporation (“eGain”), and the Subsidiaries of eGain identified on the signature pages hereof (such Subsidiaries, together with eGain, are referred to each individually as a “Borrower”, and individually and collectively, jointly and severally, as the “Borrowers”) on the other hand, in light of the following:
EGAIN Corp – PRESS RELEASE –FOR RELEASE ON JAN 13 (January 13th, 2015)Sunnyvale, CA (January 13, 2015): eGain (NASDAQ: EGAN), the leading provider of cloud customer engagement solutions, today announced that Brett Shockley has joined its board of directors, effective January 12, 2015. Mr Shockley is a serial entrepreneur and senior business executive, known for growing startups and driving transformational change in established businesses.
EGAIN Corp – CREDIT AGREEMENT by and among WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, THE LENDERS THAT ARE PARTIES HERETO as the Lenders, eGAIN CORPORATION and EACH OF ITS SUBSIDIARIES THAT ARE SIGNATORIES HERETO as Borrowers Dated as of November 21, 2014 (November 25th, 2014)THIS CREDIT AGREEMENT (this “Agreement”), is entered into as of November 21, 2014, by and among the lenders identified on the signature pages hereof (each of such lenders, together with its successors and permitted assigns, is referred to hereinafter as a “Lender”, as that term is hereinafter further defined), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”), eGAIN CORPORATION (“eGain”), and the Subsidiaries of eGain identified on the signature pages hereof (such Subsidiaries, together with eGain, are referred to hereinafter each individually as a “Borrower”, and individually and collectively, jointly and severally, as the “Borrowers”).
EGAIN Corp – eGAIN CORPORATION AMENDED AND RESTATED 2005 MANAGEMENT STOCK OPTION PLAN (Initially Adopted by the Board of Directors on May 27, 2005) (November 10th, 2014)The Plan was adopted by the Board of Directors effective May 27, 2005 (the “Effective Date”) , and most recently amended on August 29, 2014. The purpose of the Plan is to promote the long-term success of the Company and the creation of stockholder value by (a) encouraging Officers of the Company to focus on critical long-range objectives, (b) encouraging the retention of Officers with exceptional qualifications and (c) linking Officers directly to stockholder interests through increased stock ownership. The Plan seeks to achieve this purpose by providing for Awards in the form of options.
EGAIN Corp – FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND CONSENT (November 10th, 2014)This Fifth Amendment to Loan and Security Agreement and Consent (this “Amendment”) is entered into as of September 16, 2014, between COMERICA BANK (“Bank”) and eGAIN CORPORATION, a Delaware corporation, formerly known as eGain Communications Corporation (“Borrower”).
EGAIN Corp – eGAIN CORPORATION AMENDED AND RESTATED 2005 STOCK INCENTIVE PLAN (November 10th, 2014)
EGAIN Corp – STANDARD INDUSTRIAL/COMMERCIAL MULTI-TENANT LEASE MODIFIED NET (October 24th, 2014)1.2(a) Premises: A portion of that certain building containing approximately 20,640 square feet, including all improvements therein or to be provided by Landlord under the terms of this Lease, commonly known by the street address of 1250 Borregas Ave, located in the City of Sunnyvale, County of Santa Clara, State of California, with zip code 94089 as outlined on Exhibit A attached hereto (“Premises”). The “Building” is that certain building containing the Premises and generally described as (describe briefly the nature of the Building): a multi-tenant R&D building.
EGAIN Corp – Note £ £ Group turnover 2 6,680,784 6,852,094 Cost of sales (2,414,346 ) (2,684,427 ) Gross profit 4,266,438 4,167,667 Administrative expenses (4,300,576 ) (3,475,860 ) Operating (loss)/profit 3 (34,138 ) 691,807 Interest receivable 5,249 1,137 Interest payable and similar charges 6 (4,490 ) (30 ) Tax on (loss)/profit on ordinary activities 7 49,761 (70,284 ) Profit for the financial period 8 16,382 622,630 (October 14th, 2014)
EGAIN Corp – Report of Independent Auditors INDEPENDENT AUDITOR’S REPORT (October 14th, 2014)We have audited the accompanying financial statements of Exony Limited which comprise the consolidated balance sheets as of September 30, 2013 and 2012, and the related consolidated statements of profit and loss, consolidated statement of total recognised gains and losses and cash flows for the years then ended and the related consolidated notes to the financial statements.
EGAIN Corp – Unaudited Pro Forma Condensed Combined Consolidated Financial Information (October 14th, 2014)The following tables set forth certain unaudited pro forma combined consolidated financial information giving effect to eGain Corporation’s (“eGain”) acquisition of Exony Limited, a privately held United Kingdom company (“Exony”).
EGAIN Corp – FIRST AMENDMENT TO STANDARD INDUSTRIAL/COMMERCIAL MULTI-TENANT LEASE MODIFIED NET BETWEEN eGAIN CORPORATION AND (Successor in Interest to DeGuigne Ventures, LLC) (May 19th, 2014)This First Amendment to Lease (“First Amendment”) is dated this 14 day of May, 2014, by and between eGain, a California Corporation (“Lessee”) and D. R. Stephens Industrial Partners, LLC (“Lessor”), a California limited liability company.
EGAIN Corp – FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (May 7th, 2014)This Fourth Amendment to Loan and Security Agreement (this “Amendment”) is entered into as of April 30, 2014, between COMERICA BANK (“Bank”) and eGAIN CORPORATION, a Delaware corporation, formerly known as eGain Communications Corporation (“Borrower”).
EGAIN Corp – Consent to Repayment of Subordinated Debt (November 8th, 2013)This Consent to Repayment of Subordinated Debt (this “Agreement”) is entered into as of July 31, 2013, among Ashutosh Roy (“Creditor”), Comerica Bank (“Bank”) and eGAIN CORPORATION, a Delaware corporation, formerly known as eGain Communications Corporation (“Borrower”).
EGAIN Corp – 2,170,000 Shares1 eGain Corporation Common Stock UNDERWRITING AGREEMENT (February 14th, 2013)The stockholders of eGain Corporation, a Delaware corporation (the “Company”), named in Schedule II hereto (the “Selling Stockholders”) propose to sell an aggregate of 2,170,000 shares (the “Firm Shares”) of the Company’s Common Stock, $.001 par value per share (the “Common Stock”), in each case to you and to the several other Underwriters named in Schedule I hereto (collectively, the “Underwriters”), for whom you are acting as representatives (the “Representative”). The Selling Stockholders have also agreed to grant to you and the other Underwriters an option (the “Option”) to purchase up to an additional 325,500 shares of Common Stock, on the terms and for the purposes set forth in Section 1(b) (the “Option Shares”). The Firm Shares and the Option Shares are referred to collectively herein as the “Shares.”
EGAIN Corp – eGain Corporation Index to Consolidated Financial Statements (February 7th, 2013)We have audited the accompanying consolidated balance sheets of eGain Corporation and its subsidiaries (“the Company”) as of June 30, 2012 and 2011 and the related consolidated statements of operations, comprehensive income / (loss), stockholders’ equity / (deficit), and cash flows for each of the three years in the period ended June 30, 2012. Our audits also included the financial statement schedule listed in the index to this Annual Report on Form 10-K at Part IV Item 15(a)(2). These consolidated financial statements and the financial statement schedule are the responsibility of the Company’s management. Our responsibility is to express an opinion on these consolidated financial statements and financial statement schedule based on our audits.
EGAIN Corp – CONSENT TO REPAYMENT OF SUBORDINATED DEBT (January 3rd, 2013)This Consent to Repayment of Subordinated Debt (this “Agreement”) is entered into as of December 28, 2012, among Ashutosh Roy (“Creditor”), Comerica Bank (“Bank”) and eGAIN CORPORATION, a Delaware corporation, formerly known as eGain Communications Corporation (“Borrower”).
EGAIN Corp – MODIFICATION TO LOAN DOCUMENTS (January 3rd, 2013)This Modification to Loan Documents (this “Modification”) is entered into by and between eGAIN CORPORATION, a Delaware corporation, formerly known as eGain Communications Corporation (“Borrower”) and COMERICA BANK (“Bank”) as of this December 28, 2012.
EGAIN Corp – THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (January 3rd, 2013)This Third Amendment to Loan and Security Agreement (this “Amendment”) is entered into as of December 28, 2012, between COMERICA BANK (“Bank”) and eGAIN CORPORATION, a Delaware corporation, formerly known as eGain Communications Corporation (“Borrower”).
EGAIN Corp – Prime Referenced Rate Addendum To Loan and Security Agreement (January 3rd, 2013)This Prime Referenced Rate Addendum to Loan and Security Agreement (this “Addendum”) is entered into as of December 28, 2012, by and between COMERICA BANK (“Bank”) and eGAIN CORPORATION, a Delaware corporation, formerly known as eGain Communications Corporation (“Borrower”). This Addendum supplements the terms of the Loan and Security Agreement dated June 27, 2011 (as the same may be amended, modified, supplemented, extended or restated from time to time, the “Agreement”).
Egain Communications Corp – AFFIRMATION OF SUBORDINATION AGREEMENT (July 3rd, 2012)THIS AFFIRMATION OF SUBORDINATION AGREEMENT (this “Affirmation”) is made as of June 28, 2012, by the undersigned creditor (“Creditor”) for the benefit of COMERICA BANK (“Bank”)
Egain Communications Corp – AMENDMENT NO. 2 TO RESTATED SUBORDINATED SECURED PROMISSORY NOTE (July 3rd, 2012)THIS AMENDMENT NO. 2 TO RESTATED SUBORDINATED SECURED PROMISSORY NOTE (“Amendment”) is made as of the 29th day of June, 2012, by and between eGain Communications Corporation, a Delaware corporation (the “Company”) and Ashutosh Roy (the “Lender”).
Egain Communications Corp – SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (July 3rd, 2012)This Second Amendment to Loan and Security Agreement (this “Amendment”) is entered into as of June 28, 2012, between COMERICA BANK (“Bank”) and EGAIN COMMUNICATIONS CORPORATION (“Borrower”).
Egain Communications Corp – AMENDMENT NO. 1 TO RESTATED SUBORDINATED SECURED PROMISSORY NOTE (April 5th, 2012)THIS AMENDMENT NO. 1 TO RESTATED SUBORDINATED SECURED PROMISSORY NOTE (“Amendment”) is made as of the 31st day of March, 2012, by and between eGain Communications Corporation, a Delaware corporation (the “Company”) and Ashutosh Roy (the “Lender”).
Egain Communications Corp – AFFIRMATION OF SUBORDINATION AGREEMENT (December 28th, 2011)THIS AFFIRMATION OF SUBORDINATION AGREEMENT (this “Affirmation”) is made as of December 28, 2011, by the undersigned creditor (“Creditor”) for the benefit of COMERICA BANK (“Bank”)
