EXHIBIT 10.4 LEASE AGREEMENTLease Agreement • May 2nd, 2000 • Blue Martini Software Inc
Exhibit 10.5 AGREEMENT AND PLAN OF MERGER THIS AGREEMENT AND PLAN OF MERGER dated as of January 12, 1999 (this "Agreement"), is entered into between BLUE MARTINI SOFTWARE, INC., a Delaware corporation ("Blue Corp.") and BLUE MARTINI LLC, a Delaware...Agreement and Plan of Merger • May 2nd, 2000 • Blue Martini Software Inc • Delaware
THIS LICENSE AGREEMENT ("License") is made and entered into as of the 13/th/ day of September, 2000 by and between DIVERSIFIED COMPUTER CONSULTANTS, -------------------------------- LLC., with its principal place of business at Suite 1370, 1100...License Agreement • November 13th, 2000 • Blue Martini Software Inc • Services-prepackaged software • Illinois
Recitals --------Lease • November 13th, 2000 • Blue Martini Software Inc • Services-prepackaged software
Common Stock (par value $0.0001 per share)Underwriting Agreement • June 28th, 2000 • Blue Martini Software Inc • Services-prepackaged software • New York
EXHIBIT 10.16 M A S T E R L E A S E A G R E E M E N T MASTER LEASE AGREEMENT (the "Master Lease") dated December 6, 1999 by and between COMDISCO, INC. ("Lessor") and BLUE MARTINI SOFTWARE, INC. ("Lessee") IN CONSIDERATION of the mutual agreement...Master Lease Agreement • June 28th, 2000 • Blue Martini Software Inc • Services-prepackaged software • Illinois
EXHIBIT 10.13 ISV SOFTWARE LICENSE AGREEMENT This ISV Software License Agreement is entered into this 29th day of January, 1999 (the "Effective Date") by and between BEA WebXpress, Inc., a Delaware corporation with principal offices at 550 California...Software License Agreement • May 2nd, 2000 • Blue Martini Software Inc • California
RECITALSFourth Amendment • March 21st, 2001 • Blue Martini Software Inc • Services-prepackaged software
Exhibit 10.10 BLUE MARTINI SOFTWARE, INC. INVESTOR RIGHTS AGREEMENT July 20, 1999 Table Of ContentsRights Agreement • May 2nd, 2000 • Blue Martini Software Inc • California
FIFTH AMENDMENTBlue Martini Software Inc • March 21st, 2001 • Services-prepackaged software
EXHIBIT 10.28 OFFICE LEASEOffice Lease • March 21st, 2001 • Blue Martini Software Inc • Services-prepackaged software • California
AGREEMENT AND PLAN OF MERGER Dated as of February 28, 2005 among MULTI-CHANNEL HOLDINGS, INC., BMS MERGER CORPORATION and BLUE MARTINI SOFTWARE, INC.Agreement and Plan of Merger • March 4th, 2005 • Blue Martini Software Inc • Services-prepackaged software • Delaware
This AGREEMENT AND PLAN OF MERGER, dated as of February 28, 2005 (this “Agreement”), is among MULTI-CHANNEL HOLDINGS, INC., a Delaware corporation (“Parent”), BMS MERGER CORPORATION, a Delaware corporation and a direct, wholly owned Subsidiary of Parent (“Merger Sub”), and BLUE MARTINI SOFTWARE, INC., a Delaware corporation (the “Company”). Certain terms used in this Agreement are used as defined in Section 8.12.
SUBLEASE --------Blue Martini Software Inc • November 13th, 2000 • Services-prepackaged software
ARTICLE 1Employment Agreement • April 1st, 2002 • Blue Martini Software Inc • Services-prepackaged software • California
EXHIBIT 10.11 FORM OF INDEMNIFICATION AGREEMENT This Agreement is made and entered into this _____ day of ________________, 2000 by and between Blue Martini Software, Inc., a Delaware corporation (the "Corporation"), and ______________________...Form of Indemnification Agreement • May 2nd, 2000 • Blue Martini Software Inc • Delaware
EXHIBIT 10.8 BLUE MARTINI SOFTWARE, INC. SERIES B PREFERRED STOCK PURCHASE AGREEMENT Table Of ContentsPreferred Stock Purchase Agreement • May 2nd, 2000 • Blue Martini Software Inc • California
EXHIBIT 10.15 Blue Martini Software Training Facility Agreement THIS Blue Martini Software TRAINING FACILITY AGREEMENT ("Agreement") is entered into as of March 1, 2000 the ("Effective Date") by and between Blue Martini Software Corporation, a...Facility Agreement • June 28th, 2000 • Blue Martini Software Inc • Services-prepackaged software • California
EXHIBIT 10.23 [BLUE MARTINI SOFTWARE, INC. LETTERHEAD] January 15, 2001 Jeanne Urich Re: Employment Terms ____________________________________________________ ____________________________ Dear Jean, Blue Martini Software, Inc. ("BMS") is pleased to...Blue Martini Software Inc • March 21st, 2001 • Services-prepackaged software
EXHIBIT 10.27 Second Amendment to ISV License and Marketing Agreement This Second Amendment, effective December ____, 22, 2000 (the "Second Amendment"), further amends the ISV License and Marketing Agreement dated March 31, 1999, as amended (the...License and Marketing Agreement • March 21st, 2001 • Blue Martini Software Inc • Services-prepackaged software
EXHIBIT 10.9 BLUE MARTINI SOFTWARE, INC. SERIES C PREFERRED STOCK PURCHASE AGREEMENT Table Of ContentsPreferred Stock Purchase Agreement • May 2nd, 2000 • Blue Martini Software Inc • California
CONSULTING AGREEMENTConsulting Agreement • March 28th, 2003 • Blue Martini Software Inc • Services-prepackaged software • California
THIS CONSULTING AGREEMENT (the “Agreement”) is made by and between BLUE MARTINI SOFTWARE, INC. (“Blue Martini”), a Delaware corporation, and the Consultant identified below.
LICENSE AGREEMENT between EEPRISE [THE CYBRANT CORP] and ARRAY TECHNOLOGYLicense Agreement • March 28th, 2003 • Blue Martini Software Inc • Services-prepackaged software • California
October 9, 2002 Michael Borman Rye, NY 10580 Dear Mike:Blue Martini Software Inc • November 14th, 2002 • Services-prepackaged software • California
This letter sets forth the substance of the separation agreement (the “Agreement”) that Blue Martini Software, Inc. (“Blue Martini”) is offering to you to aid in your employment transition. The terms set forth in this letter reflect those you accepted by email last week, and will supersede the terms of your Employment Agreement dated October 25, 2001 (the “Employment Agreement”) (copy attached as Exhibit A). This offer is open until Thursday, October 31, 2002; if you have not signed and returned the original of this letter to me by then, this offer will expire.
San Mateo, California 94403 Tel +1-650-356-4000 Fax +1-650-356-4001Secondary Release Agreement • May 10th, 2004 • Blue Martini Software Inc • Services-prepackaged software • California
San Mateo, California 94403 Tel +1-650-356-4000 Fax +1-650-356-4001 San Mateo, California 94403Blue Martini Software Inc • May 10th, 2004 • Services-prepackaged software • California
AGREEMENT AND PLAN OF MERGER AND REORGANIZATION among: BLUE MARTINI SOFTWARE, INC. a Delaware corporation; BLUE MARTINI HOLDINGS CORP. II, a Delaware corporation; THE CYBRANT CORP., a Delaware corporation and DAVE BUCHANAN, as Stockholders’ AgentAgreement and Plan of Merger and Reorganization • May 1st, 2002 • Blue Martini Software Inc • Services-prepackaged software • Delaware
THIS AGREEMENT AND PLAN OF MERGER AND REORGANIZATION (“Agreement”) is made and entered into as of April 16, 2002, by and among: BLUE MARTINI SOFTWARE, INC., a Delaware corporation (“Parent”); BLUE MARTINI HOLDINGS CORP. II, a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”); THE CYBRANT CORP., a Delaware corporation (the “Company”); and DAVE BUCHANAN, as Stockholders’ Agent.
Witnesseth:Units Agreement • May 2nd, 2000 • Blue Martini Software Inc • California
AMENDMENT TO LICENSE AGREEMENTLicense Agreement • March 28th, 2003 • Blue Martini Software Inc • Services-prepackaged software
THIS AMENDMENT, effective as of October 1, 2002 (the “Effective Date”), amends that certain LICENSE AGREEMENT by and between BLUE MARTINI SOFTWARE, INC., a Delaware corporation located at 2600 Campus Drive, San Mateo, California 94403, and successor in interest to THE CYBRANT CORP., formerly known as eePrise Inc. (“Blue Martini”), and ARRAY TECHNOLOGY A/S, a Danish company located at Fruebjergvcj 3, DK-2100 Copenhagen, Denmark (“Array”), dated July 1, 1999 (the “Agreement”).
ADDENDUM #1 -----------Blue Martini Software Inc • March 21st, 2001 • Services-prepackaged software
BLUE MARTINI SOFTWARE, INC. RESTRICTED STOCK BONUS AGREEMENTRestricted Stock Bonus Agreement • January 3rd, 2005 • Blue Martini Software Inc • Services-prepackaged software
Pursuant to the Restricted Stock Bonus Grant Notice (“Grant Notice”) and this Restricted Stock Bonus Agreement (collectively, the “Award”) and in consideration of your past services, Blue Martini Software, Inc. (the “Company”) has awarded you a stock bonus under 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 Restricted Stock Bonus Agreement but defined in the Plan shall have the same definitions as in the Plan.
EXHIBIT 10.7 THE MEMBERSHIP INTERESTS ("UNITS") ARE SUBJECT TO AN OPTION SET FORTH IN THIS AGREEMENT, A COPY OF WHICH IS ON FILE AT THE PRINCIPAL OFFICE OF THIS LIMITED LIABILITY COMPANY. ANY TRANSFER OR ATTEMPTED TRANSFER OF ANY UNITS SUBJECT TO SUCH...Membership Interests • May 2nd, 2000 • Blue Martini Software Inc • California
