AGREEMENT AND PLAN OF MERGER by and among salesforce.com, inc. Skyline Strategies I Inc., Skyline Strategies II LLC and Slack Technologies, Inc. dated as of December 1, 2020Agreement and Plan of Merger • December 1st, 2020 • SALESFORCE.COM, Inc. • Services-prepackaged software • Delaware
This AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of December 1, 2020, is by and among salesforce.com, inc., a Delaware corporation (“Parent”), Skyline Strategies I Inc., a Delaware corporation and a wholly owned Subsidiary of Parent (“Merger Sub I”), Skyline Strategies II LLC, a Delaware limited liability company and a wholly owned Subsidiary of Parent (“Merger Sub II”), and Slack Technologies, Inc., a Delaware corporation (the “Company”). All capitalized terms used in this Agreement shall have the meanings ascribed to such terms in Annex A or as otherwise defined elsewhere in this Agreement, unless the context clearly provides otherwise. Parent, Merger Sub I, Merger Sub II and the Company are each sometimes referred to herein as a “Party” and collectively, as the “Parties.”
CREDIT AGREEMENT Dated as of July 7, 2016 among SALESFORCE.COM, INC., as the Borrower, THE SUBSIDIARIES OF THE BORROWER IDENTIFIED HEREIN,Credit Agreement • July 11th, 2016 • Salesforce Com Inc • Services-prepackaged software • New York
This CREDIT AGREEMENT is entered into as of July 7, 2016 among SALESFORCE.COM, INC., a Delaware corporation (the “Borrower”), the Guarantors (defined herein), the Lenders (defined herein) and BANK OF AMERICA, N.A., as Administrative Agent.
AMENDED AND RESTATED CREDIT AGREEMENT Dated as of July 7, 2016 among SALESFORCE.COM, INC., as the Borrower, THE SUBSIDIARIES OF THE BORROWER IDENTIFIED HEREIN,Credit Agreement • July 11th, 2016 • Salesforce Com Inc • Services-prepackaged software • New York
This AMENDED AND RESTATED CREDIT AGREEMENT is entered into as of July 7, 2016 among SALESFORCE.COM, INC., a Delaware corporation (the “Borrower”), the Guarantors (defined herein), the Lenders (defined herein) and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent.
SALESFORCE.COM, INC. (a Delaware corporation)Purchase Agreement • March 18th, 2013 • Salesforce Com Inc • Services-prepackaged software • New York
Salesforce.com, inc., a Delaware corporation (the “Company”), confirms its agreement with Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”) and Morgan Stanley & Co. LLC (“Morgan Stanley”) and each of the other Initial Purchasers named in Schedule A hereto (collectively, the “Initial Purchasers,” which term shall also include any initial purchaser substituted as hereinafter provided in Section 10 hereof), for whom Merrill Lynch and Morgan Stanley are acting as representatives (in such capacity, the “Representatives”), with respect to (i) the sale by the Company and the purchase by the Initial Purchasers, acting severally and not jointly, of the respective principal amounts set forth in said Schedule A of $1,000,000,000 aggregate principal amount of the Company’s 0.25% Convertible Senior Notes due 2018 (the “Initial Securities”) and (ii) the grant by the Company to the Initial Purchasers, acting severally and not jointly, of the option to purchase all or any part of an
SALESFORCE.COM, INC. CHANGE OF CONTROL AND RETENTION AGREEMENTChange of Control and Retention Agreement • March 5th, 2020 • SALESFORCE.COM, Inc. • Services-prepackaged software • California
This Change of Control and Retention Agreement (the “Agreement”) was originally made and entered into by and between ________ (the “Executive”) and salesforce.com, inc. (the “Company”), effective as of .
CREDIT AGREEMENT Dated as of October 6, 2014 among SALESFORCE.COM, INC., as the Borrower, THE SUBSIDIARIES OF THE BORROWER IDENTIFIED HEREIN, as the Guarantors, THE LENDERS PARTY HERETO, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative...Credit Agreement • October 6th, 2014 • Salesforce Com Inc • Services-prepackaged software • New York
This CREDIT AGREEMENT is entered into as of October 6, 2014 among SALESFORCE.COM, INC., a Delaware corporation (the “Borrower”), the Guarantors (defined herein), the Lenders (defined herein) and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent.
CREDIT AGREEMENT DATED AS OF DECEMBER 23, 2020 AMONG SALESFORCE.COM, INC., as the Borrower, THE LENDERS FROM TIME TO TIME PARTIES HERETO, and BANK OF AMERICA, N.A., as Administrative Agent BofA SECURITIES, INC., CITIBANK, N.A., JPMORGAN CHASE BANK,...Credit Agreement • December 23rd, 2020 • SALESFORCE.COM, Inc. • Services-prepackaged software • New York
This Credit Agreement, dated as of December 23, 2020, is among salesforce.com, inc., a Delaware corporation (the “Borrower”), the institutions from time to time parties hereto as Lenders (whether by execution of this Agreement or an assignment pursuant to Section 12.01), and Bank of America, N.A., as Administrative Agent.
AMENDMENT NO. 1Credit Agreement • June 1st, 2022 • Salesforce, Inc. • Services-prepackaged software • New York
This Credit Agreement, dated as of December 23, 2020, is among salesforce.com, inc., a Delaware corporation (the “Borrower”), the institutions from time to time parties hereto as Lenders (whether by execution of this Agreement or an assignment pursuant to Section 12.01), and Citibank, N.A., as Administrative Agent, a Swingline Lender and an Issuing Lender.
AGREEMENT AND PLAN OF MERGER by and among DEMANDWARE, INC., DYNASTY ACQUISITION CORP., and SALESFORCE.COM, INC. Dated as of May 31, 2016Agreement and Plan of Merger • June 1st, 2016 • Salesforce Com Inc • Services-prepackaged software • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), is made and entered into as of this 31st day of May, 2016, by and among salesforce.com, inc., a Delaware corporation (the “Parent”), Dynasty Acquisition Corp., a Delaware corporation and a wholly owned subsidiary of the Parent (the “Purchaser”), and Demandware, Inc., a Delaware corporation (the “Company”).
ACQUISITION AGREEMENT BY AND AMONG SALESFORCE.COM, INC. EXCALIBUR ACQUISITION CORP. AND EXACTTARGET, INC. JUNE 3, 2013Acquisition Agreement • June 4th, 2013 • Salesforce Com Inc • Services-prepackaged software • Delaware
THIS ACQUISITION AGREEMENT (this “Agreement”) is made and entered into as of June 3, 2013 by and among salesforce.com, inc., a Delaware corporation (“Parent”), Excalibur Acquisition Corp., a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”), and ExactTarget, Inc., a Delaware corporation (the “Company”). All capitalized terms that are used in this Agreement but not defined herein shall have the respective meanings ascribed thereto in Annex A.
SETTLEMENT AGREEMENT dated as of June 12, 2018 Between SALESFORCE.COM, INC. and MORGAN STANLEY & CO. INTERNATIONAL PLCSettlement Agreement • June 15th, 2018 • Salesforce Com Inc • Services-prepackaged software • New York
THIS SETTLEMENT AGREEMENT (this “Agreement”) with respect to the Warrants Confirmations (as defined below) is made as of June 12, 2018, between salesforce.com, inc. (“Company”) and Morgan Stanley & Co. International plc (“Dealer”).
AGREEMENT AND PLAN OF MERGER BY AND AMONG SALESFORCE.COM, INC., BULLSEYE MERGER CORPORATION, BUDDY MEDIA, INC. AND SHAREHOLDER REPRESENTATIVE SERVICES LLC AS STOCKHOLDER REPRESENTATIVE Dated as of June 3, 2012Agreement and Plan of Merger • June 4th, 2012 • Salesforce Com Inc • Services-prepackaged software • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of June 3, 2012 by and among salesforce.com, inc., a Delaware corporation (“Parent”), Bullseye Merger Corporation, a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), Buddy Media, Inc., a Delaware corporation (the “Company”), and Shareholder Representative Services LLC, a Colorado limited liability company, solely in its capacity as stockholder representative (the “Stockholder Representative”). All capitalized terms that are used but not defined herein shall have the respective meanings ascribed thereto in Annex A.
SALESFORCE.COM, INC.2004 Employee Stock Purchase Plan • March 17th, 2021 • SALESFORCE.COM, Inc. • Services-prepackaged software • California
AMENDMENT NO. 2Credit Agreement • June 1st, 2023 • Salesforce, Inc. • Services-prepackaged software • New York
This Credit Agreement, dated as of December 23, 2020, is among Salesforce, Inc. (f/k/a salesforce.com, inc.), a Delaware corporation (the “Borrower”), the institutions from time to time parties hereto as Lenders (whether by execution of this Agreement or an assignment pursuant to Section 12.01), and Citibank, N.A., as Administrative Agent, a Swingline Lender and an Issuing Lender.
salesforce.com, inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of shares of the Company’s Common Stock, par value $0.001 (the “Firm...Salesforce Com Inc • April 30th, 2004 • Services-prepackaged software • New York
OFFICE LEASE THE LANDMARK @ ONE MARKET San Francisco, California TMG/ONE MARKET, L.P. And CROSSMARKET, LLC LANDLORD SALESFORCE.COM, INC. TENANT JUNE 23, 2000Office Lease • August 19th, 2005 • Salesforce Com Inc • Services-prepackaged software • California
THIS LEASE is made and entered into by and between Landlord and Tenant as of the Lease Date. This Lease amends and restates in its entirety that certain Office Lease between Landlord and Tenant dated April 26, 2000. Landlord and Tenant hereby agree as follows:
AGREEMENT AND PLAN OF MERGER by and among SALESFORCE.COM, INC., SAUSALITO ACQUISITION CORP. and TABLEAU SOFTWARE, INC. dated as of June 9, 2019Agreement and Plan of Merger • June 10th, 2019 • Salesforce Com Inc • Services-prepackaged software • Delaware
This AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of June 9, 2019, is by and among salesforce.com, inc., a Delaware corporation (“Parent”), Sausalito Acquisition Corp., a Delaware corporation and a wholly owned Subsidiary of Parent (“Purchaser”), and Tableau Software, Inc., a Delaware corporation (the “Company”). All capitalized terms used in this Agreement shall have the meanings ascribed to such terms in Annex A or as otherwise defined elsewhere in this Agreement. Parent, Purchaser and the Company are each sometimes referred to herein as a “Party” and collectively, as the “Parties.”
CREDIT AGREEMENT Dated as of July 11, 2013 among SALESFORCE.COM, INC., as the Borrower, THE SUBSIDIARIES OF THE BORROWER IDENTIFIED HEREIN, as the Guarantors, BANK OF AMERICA, N.A., as Administrative Agent, and THE OTHER LENDERS PARTY HERETO Arranged...Credit Agreement • July 15th, 2013 • Salesforce Com Inc • Services-prepackaged software • New York
This CREDIT AGREEMENT is entered into as of July 11, 2013 among SALESFORCE.COM, INC., a Delaware corporation (the “Borrower”), the Guarantors (defined herein), the Lenders (defined herein) and BANK OF AMERICA, N.A., as Administrative Agent.
AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS [ Mission Bay Blocks 29, 30, 31, and 32 ]And Joint Escrow Instructions • June 24th, 2011 • Salesforce Com Inc • Services-prepackaged software • California
This AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS (“Agreement”) is made and entered into as of this 21st day of October, 2010, by and between ARE-SAN FRANCISCO NO. 16, LLC, a Delaware limited liability company (“Seller”), and BAY JACARANDA NO. 2932, LLC, a Delaware limited liability company (“Buyer”), with respect to the following (initially capitalized terms not otherwise defined when first used shall have the meanings given to such terms in Paragraph 1 below):
VOTING AND SUPPORT AGREEMENTVoting and Support Agreement • December 1st, 2020 • SALESFORCE.COM, Inc. • Services-prepackaged software • Delaware
This VOTING AND SUPPORT AGREEMENT is entered into as of December 1, 2020 (this “Agreement”), by and among salesforce.com, inc., a Delaware corporation (“Parent”), and each of the persons set forth on Schedule A hereto (each, a “Stockholder” and collectively, the “Stockholders”). Parent and the Stockholders are each sometimes referred to herein as a “Party” and collectively as the “Parties.”
SUPPORT AGREEMENTSupport Agreement • June 4th, 2013 • Salesforce Com Inc • Services-prepackaged software • Delaware
THIS SUPPORT AGREEMENT (this “Agreement”) is made and entered into as of June 3, 2013 by and between salesforce.com, inc., a Delaware corporation (“Parent”), and the undersigned stockholder(s) (“Stockholder”) of ExactTarget, Inc., a Delaware corporation (the “Company”).
AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS [ 1455 Third Street and 1515 Third Street ]Agreement of Purchase and Sale and Joint Escrow Instructions • June 24th, 2011 • Salesforce Com Inc • Services-prepackaged software • California
This AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS (“Agreement”) is made and entered into as of this 21st day of October, 2010, by and between ARE-SAN FRANCISCO NO. 19, LLC, a Delaware limited liability company (“Seller”), and BAY JACARANDA NO. 2627, LLC, a Delaware limited liability company (“Buyer”), with respect to the following (initially capitalized terms not otherwise defined when first used shall have the meanings given to such terms in Paragraph 1 below):
SECOND SUPPLEMENTAL INDENTURESecond Supplemental Indenture • July 21st, 2021 • SALESFORCE.COM, Inc. • Services-prepackaged software • New York
SECOND SUPPLEMENTAL INDENTURE dated as of July 21, 2021 (this “Second Supplemental Indenture”), among SLACK TECHNOLOGIES, INC., a Delaware corporation (the “Company”), SALESFORCE.COM, INC., a Delaware corporation (“Parent”), SKYLINE STRATEGIES II LLC (to be renamed as SLACK TECHNOLOGIES, LLC) (the “Successor”), a Delaware limited liability company and a wholly owned subsidiary of Parent, and U.S. BANK NATIONAL ASSOCIATION, as trustee under the Indenture referred to below (the “Trustee”).
AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS [ Mission Bay Blocks 33 and 34 ]Agreement of Purchase and Sale and Joint Escrow Instructions • June 24th, 2011 • Salesforce Com Inc • Services-prepackaged software • California
This AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS (“Agreement”) is made and entered into as of this 21st day of October, 2010, by and between ARE-SAN FRANCISCO NO. 22, LLC, a Delaware limited liability company (“Seller”), and BAY JACARANDA NO. 3334, LLC, a Delaware limited liability company (“Buyer”), with respect to the following (initially capitalized terms not otherwise defined when first used shall have the meanings given to such terms in Paragraph 1 below):
AIRCRAFT TIME SHARING AGREEMENT between Marc R. Benioff an Individual and Salesforce.com, inc. a Delaware corporation dated March 17, 2020Aircraft Time Sharing Agreement • March 17th, 2021 • SALESFORCE.COM, Inc. • Services-prepackaged software • California
This Aircraft Time Sharing Agreement (the “Agreement”) is dated as of March 17, 2020, by and between Mark R. Benioff, an individual (“Operator”), and Salesforce.com, Inc., a Delaware corporation (“Lessee”).
TENDER AND SUPPORT AGREEMENTTender and Support Agreement • March 21st, 2018 • Salesforce Com Inc • Services-prepackaged software • Delaware
This TENDER AND SUPPORT AGREEMENT (this “Agreement”), dated as of March 20, 2018, is entered into by and among salesforce.com, inc., a Delaware corporation (“Parent”), Malbec Acquisition Corp., a Delaware corporation and a wholly owned subsidiary of Parent (“Purchaser”), and each of the persons set forth on Schedule A hereto (each, a “Stockholder”). All terms used but not otherwise defined in this Agreement shall have the respective meanings ascribed to such terms in the Merger Agreement (as defined below).
SEVERANCE AND CONFIDENTIALITY AGREEMENT AND GENERAL AND SPECIAL RELEASESeverance and Confidentiality Agreement • May 19th, 2005 • Salesforce Com Inc • Services-prepackaged software • California
This Severance and Confidentiality Agreement and General and Special Release (the “Agreement”) is entered into as of this 17th day of May, 2005, by and between Patricia Sueltz (the “Employee”), on the one hand, and salesforce.com, inc. (together with its subsidiary and affiliated corporations and entities, the “Company”), on the other hand (collectively, the “Parties”).
AMENDMENT NO. 1 TO CREDIT AGREEMENTCredit Agreement • August 26th, 2014 • Salesforce Com Inc • Services-prepackaged software • New York
This Amendment No. 1 to Credit Agreement (this “Amendment”), dated as of June 30, 2014, is made by SALESFORCE.COM, INC., a Delaware corporation (“Borrower”), the Guarantors party hereto, the financial institutions listed on the signature pages hereof as Lenders, and BANK OF AMERICA, N.A., as Administrative Agent (“Administrative Agent”).
November 5, 2012 ExactTarget, Inc. Indianapolis, IN 46204 Re: Confidentiality Agreement Ladies and Gentlemen:Salesforce Com Inc • June 12th, 2013 • Services-prepackaged software • California
In connection with the possible transaction (“Proposed Transaction”) between salesforce.com, inc. (“salesforce”) and ExactTarget, Inc. (“Company”), and in order to allow salesforce and Company to evaluate the Proposed Transaction, each of salesforce and Company have and will deliver to the other party hereto, upon the execution and delivery of this letter agreement by such other party, certain information about its businesses, operations, finances, assets and employees (such party when disclosing such information being the “Disclosing Party” and when receiving such information being the “Receiving Party”). This letter sets forth the terms upon which the parties agree to keep such information confidential and certain related matters.
CONFIDENTIAL MuleSoft, Inc. San Francisco, California 94108 Attention: Greg Schott, Chairman and Chief Executive Officer March 2, 2018Salesforce Com Inc • April 2nd, 2018 • Services-prepackaged software • Delaware
This letter agreement is in regard to discussions concerning a possible negotiated acquisition, merger or similar business combination (a “Possible Transaction”) between salesforce.com, inc. (“Kona”) and MuleSoft, Inc. (“Malbec”) (Kona and Malbec being referred to in this letter agreement together as the “parties” and each individually as a “party”). In connection therewith, the parties may provide each other with certain information, including non-public, confidential and proprietary information, concerning such party and its affiliates, and their respective operations and businesses. All such information furnished by or on behalf of either party (such party, the “Disclosing Party”) to the other party (such party, the “Receiving Party”) or its Representatives (as defined below), whether furnished before or after the date of this letter agreement, in any form or medium and regardless of the manner in which it is furnished, and all notes, analyses, interpretations, compilations, memoran
AMENDMENT NUMBER ONE TO SALESFORCE.COM, INC. RESELLER AGREEMENT SIGNATURE PAGEMaster Subscription Agreement • August 25th, 2017 • Salesforce Com Inc • Services-prepackaged software • California
This Amendment Number One (this “Amendment”) is made and entered into between salesforce.com, inc., a Delaware corporation having its principal place of business at The Landmark @ One Market, Suite 300, San Francisco, California 94105 USA (“SFDC” or “Salesforce”) and the Reseller named above and amends that certain salesforce.com, inc. Reseller Agreement between SFDC and Reseller dated as of August 1, 2015 (together with all prior amendments, the “Agreement” as used herein). This Amendment is effective as of the later of the dates beneath the Parties’ signatures below (“Amendment Effective Date”). Capitalized terms not defined herein shall have the meanings given to them in the Agreement.
SEPARATION AGREEMENT AND GENERAL RELEASE OF CLAIMSSeparation Agreement • March 5th, 2014 • Salesforce Com Inc • Services-prepackaged software • California
This Separation Agreement and Release (“Agreement”) is made by and between Blair Crump (“Executive”) and salesforce.com, inc. (the “Company”) (collectively referred to as the “Parties” or individually referred to as a “Party”).
DATORAMA INC. ADOPTED: DECEMBER 1, 2012Stock Incentive Plan • September 7th, 2018 • Salesforce Com Inc • Services-prepackaged software • Tel-Aviv
SALESFORCE.COM, INC., as Issuer and U.S. BANK NATIONAL ASSOCIATION, as Trustee 3.250% Senior Notes due 2023 And 3.700% Senior Notes due 2028 First Supplemental Indenture Dated as of April 11, 2018 to Indenture dated as of April 11, 2018First Supplemental Indenture • April 11th, 2018 • Salesforce Com Inc • Services-prepackaged software • New York
FIRST SUPPLEMENTAL INDENTURE, dated as of April 11, 2018 (“First Supplemental Indenture”), to the Indenture dated as of April 11, 2018 (as amended, modified or supplemented from time to time in accordance therewith, other than with respect to a particular series of debt securities that are not the Notes, the “Base Indenture” and, as amended, modified and supplemented by this First Supplemental Indenture, the “Indenture”), by and between SALESFORCE.COM, INC. (the “Company”), and U.S. BANK NATIONAL ASSOCIATION, as trustee (the “Trustee”).
RESOURCE SHARING AGREEMENTResource Sharing Agreement • March 9th, 2009 • Salesforce Com Inc • Services-prepackaged software • California
This Resource Sharing Agreement (the “Agreement”) is made as of January 29, 2009 (the “Effective Date”), by and between salesforce.com, inc. (“SFDC”), a Delaware corporation, having its principal place of business at The Landmark @ One Market, Suite 300, San Francisco, California 94105, salesforce.com foundation (the “Foundation”), a California nonprofit public benefit corporation, having its principal place of business at The Landmark @ One Market, Suite 300, San Francisco, California 94105, and salesforce.org (the “Enterprise”), a California nonprofit public benefit corporation, having its principal place of business at The Landmark @ One Market, Suite 300, San Francisco, California 94105 (each individually, a “Party,” and collectively, the “Parties”).
