SourceForge, Inc Sample Contracts

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COMMON STOCK
Va Linux Systems Inc • December 7th, 1999 • Electronic computers • New York
RECITALS
Loan and Security Agreement • October 22nd, 1999 • Va Linux Systems Inc • Electronic computers • California
1. 2 VA RESEARCH LINUX IA-64 PORTING LICENSE AGREEMENT EXHIBIT "A"
License Agreement • December 8th, 1999 • Va Linux Systems Inc • Electronic computers • Delaware
1. 2 VA RESEARCH LINUX IA-64 PORTING LICENSE AGREEMENT EXHIBIT "A"
License Agreement • November 1st, 1999 • Va Linux Systems Inc • Electronic computers • Delaware
RECITALS
Registration Rights Agreement • October 22nd, 1999 • Va Linux Systems Inc • Electronic computers • California
LEASE
Va Linux Systems Inc • December 7th, 1999 • Electronic computers • California
SUBLEASE
Va Linux Systems Inc • October 27th, 1999 • Electronic computers
RECITALS
Indemnification Agreement • October 22nd, 1999 • Va Linux Systems Inc • Electronic computers • Delaware
SOURCEFORGE, INC.
Restricted Stock Unit Award Agreement • December 31st, 2007 • SourceForge, Inc • Services-computer programming, data processing, etc. • California

Unless otherwise defined herein, the terms defined in the SourceForge, Inc. 2007 Equity Incentive Plan (the “Plan”) will have the same defined meanings in this Restricted Stock Unit Award Agreement (the “Award Agreement”).

SOURCEFORGE, INC.
Restricted Stock Award Agreement • December 31st, 2007 • SourceForge, Inc • Services-computer programming, data processing, etc. • California

Unless otherwise defined herein, the terms defined in the SourceForge, Inc. 2007 Equity Incentive Plan (the “Plan”) will have the same defined meanings in this Restricted Stock Award Agreement (the “Award Agreement”).

RECITALS
Stock Repurchase Agreement • October 22nd, 1999 • Va Linux Systems Inc • Electronic computers • California
BY AND AMONG
Agreement and Plan of Reorganization • April 12th, 2000 • Va Linux Systems Inc • Electronic computers • California
BY AND AMONG
Agreement and Plan of Reorganization • April 12th, 2000 • Va Linux Systems Inc • Electronic computers • California
TENDER AND SUPPORT AGREEMENT
Tender and Support Agreement • June 2nd, 2015 • Geeknet, Inc • Retail-retail stores, nec • Delaware

TENDER AND SUPPORT AGREEMENT (this “Agreement”), dated as of June 1, 2015, is by and among GameStop Corp., a Delaware corporation (“Parent”), Gadget Acquisition, Inc., a Delaware corporation and a direct, wholly-owned Subsidiary of Parent (“Sub”), and Eric Semler (“Stockholder”).

GEEKNET, INC. EMPLOYMENT AGREEMENT
Employment Agreement • September 8th, 2011 • Geeknet, Inc • Retail-retail stores, nec • Virginia

This Employment Agreement (the “Agreement”) is made and entered into by and between Colon Washburn (“Executive”) and Geeknet, Inc. (the “Company”), effective as of September 6, 2011 (the “Effective Date”). The start date of employment shall be on or about September 8, 2011 (“Start Date”).

GEEKNET, INC. STAND-ALONE RESTRICTED STOCK UNIT GRANT AWARD AGREEMENT
Grant Award Agreement • September 9th, 2011 • Geeknet, Inc • Retail-retail stores, nec • California

As an inducement material to the decision by Jeff Drobick (“Participant”) to accept employment with the Geeknet, Inc., a Delaware corporation (the “Company”), Participant has been granted an award of Restricted Stock Units, subject to the terms and conditions of this Stand-Alone Restricted Stock Unit Grant Award Agreement (the “Award Agreement”), as follows:

AGREEMENT AND PLAN OF MERGER dated as of June 1, 2015 by and among Geeknet, Inc., GameStop Corp., and Gadget Acquisition, Inc.
Agreement and Plan of Merger • June 2nd, 2015 • Geeknet, Inc • Retail-retail stores, nec • Delaware

This AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of June 1, 2015, is by and among Geeknet, Inc., a Delaware corporation (the “Company”), GameStop Corp., a Delaware corporation (“Parent”), and Gadget Acquisition, Inc., a Delaware corporation and a wholly owned subsidiary of Parent (“Acquisition Sub”). Parent, Acquisition Sub and the Company are referred to individually as a “Party” and collectively as “Parties.”

ASSET PURCHASE AGREEMENT
Asset Purchase Agreement • March 10th, 2006 • Va Software Corp • Services-prepackaged software • Delaware

This AGREEMENT (the “Agreement”) is dated as of December 23, 2005 by and among JupiterImages Corporation, an Arizona corporation (“Buyer”), VA Software Corporation, a Delaware corporation (“Parent”), and Animation Factory, Inc., a Delaware corporation and wholly-owned subsidiary of Parent (“Seller”).

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SUBLEASE
Sublease • October 14th, 2004 • Va Software Corp • Services-prepackaged software • California

THIS SUBLEASE (this "Sublease") is dated for reference purposes as of June 9, 2004, and is made by and between VA Software Corporation, a Delaware corporation ("Sublandlord"), and At Road, Inc., a Delaware corporation ("Subtenant"). Sublandlord and Subtenant hereby agree as follows:

MOUNTAIN VIEW CITY CENTER NET OFFICE LEASE by and between EAGLE SQUARE PARTNERS, a California limited partnership, as Lessor and SOURCEFORCE, INC., a Delaware corporation, as Lessee
Office Lease • July 18th, 2007 • SourceForge, Inc • Services-computer programming, data processing, etc. • California

For and in consideration of rentals, covenants, and conditions hereinafter set forth, Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the herein described Premises for the term, at the rental rate specified herein and subject to and upon all of the terms, covenants and agreements set forth in this lease (“Lease”):

EXHIBIT 2.1 AMENDED AND RESTATED AGREEMENT AND PLAN OF REORGANIZATION
Agreement and Plan • April 27th, 2000 • Va Linux Systems Inc • Electronic computers • Delaware
SINGLE TENANT LEASE FORM* (NET FORM)
Va Linux Systems Inc • October 26th, 2000 • Electronic computers • California
ASSET PURCHASE AGREEMENT by and between VA SOFTWARE CORPORATION, a Delaware corporation, and COLLABNET, INC., a Delaware corporation Dated as of April 24, 2007
Asset Purchase Agreement • April 25th, 2007 • Va Software Corp • Services-prepackaged software • California
JOINT FILING AGREEMENT
Joint Filing Agreement • February 14th, 2012 • Geeknet, Inc • Retail-retail stores, nec

This Joint Filing Agreement may be signed in counterparts with the same effect as if the signature on each counterpart were upon the same instrument.

SOURCEFORGE, INC. SEPARATION AGREEMENT AND RELEASE
Separation Agreement and Release • June 10th, 2008 • SourceForge, Inc • Services-computer programming, data processing, etc. • California

This Separation Agreement and Release (“Agreement”) is made by and between Ali Jenab (“Employee”) and SourceForge, Inc. (the “Company”, collectively referred to with Employee as the “Parties” or each individually referred to as a “Party”).

SOURCEFORGE, INC. SEPARATION AGREEMENT AND RELEASE
Separation Agreement and Release • October 4th, 2007 • SourceForge, Inc • Services-computer programming, data processing, etc. • California

This Separation Agreement and Release ("Agreement") is made by and between Mr. Richard J. Marino, Jr. (“Employee”) and SourceForge, Inc. (the “Company”), collectively referred to as the (“Parties”):

GEEKNET, INC. SEPARATION AGREEMENT AND RELEASE
Separation Agreement and Release • September 8th, 2011 • Geeknet, Inc • Retail-retail stores, nec • Virginia

This Separation Agreement and Release (“Agreement”) is made by and between Caroline Offutt (“Executive”) and Geeknet, Inc. (the “Company”) as of the Effective Date, as defined in Section 6(e) below:

AMENDMENT TO Employment AGREEMENT
Employment Agreement • May 14th, 2012 • Geeknet, Inc • Retail-retail stores, nec

THIS AMENDMENT (this “Amendment”) to the Employment Agreement (the “Employment Agreement”), dated as of April 20, 2011, by and between Jeffrey Drobick (“Executive”) and Geeknet, Inc. (the “Company”), is made and entered into as of May 14, 2012, by and between the Executive and the Company and is effective as of the date hereof. All capitalized terms used but not defined herein shall have the meaning assigned to them in the Employment Agreement.

EMPLOYMENT OFFER LETTER DATED MARCH 23, 2010 BETWEEN GEEKNET, INC. AND JASON BAIRD
Employment Agreement • May 6th, 2010 • Geeknet, Inc • Retail-retail stores, nec • California

The expenses paid on your behalf by Geeknet, Inc. associated with your relocation to the Mountain View area (namely the cost of the movement of the household goods and personal effects, short term housing, rental car, house hunting trips and reimbursement of attorney’s fees) shall be immediately repayable to Geeknet if you voluntarily resign or are terminated for Cause (as defined in the Employment Agreement) on or before June 30, 2011. The aforementioned expenses must be incurred in 2010 and the reimbursement or any payment made by the Company must take place before March 15, 2011.

SOURCEFORGE, INC. EMPLOYMENT AGREEMENT
Employment Agreement • December 4th, 2008 • SourceForge, Inc • Services-computer programming, data processing, etc. • California

This Employment Agreement (the “Agreement”) is made and entered into by and between Scott L. Kauffman (“Executive”) and SourceForge, Inc. (the “Company”), effective as of December 3, 2008 (the “Effective Date”).

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