Kintera Inc Sample Contracts

Kintera Inc – AMENDMENT TO RIGHTS AGREEMENT (May 30th, 2008)

This Amendment to Rights Agreement (this “Amendment”), dated as of May 29, 2008, between Kintera, Inc., a Delaware corporation (the “Company”), and Computershare (formerly U.S. Stock Transfer Corporation), as Rights Agent (the “Rights Agent”), amends that certain Rights Agreement, dated as of January 25, 2006, by and between the Company and the Rights Agent (the “Rights Agreement”).

Kintera Inc – AGREEMENT AND PLAN OF MERGER by and among BLACKBAUD, INC., EUCALYPTUS ACQUISITION CORPORATION AND KINTERA, INC. Dated as of May 29, 2008 (May 30th, 2008)

This AGREEMENT AND PLAN OF MERGER (this “Agreement”) is dated as of May 29, 2008 (the “Execution Date”), among BLACKBAUD, INC., a Delaware corporation (“Parent”), EUCALYPTUS ACQUISITION CORPORATION, a Delaware corporation and a direct wholly-owned subsidiary of Parent (“Merger Sub”), and KINTERA, INC., a Delaware corporation (the “Company”). Each of Parent, Merger Sub and the Company is a “Party” and together, the “Parties.”

Kintera Inc – TENDER AND SUPPORT AGREEMENT (May 30th, 2008)

This Tender and Support Agreement (this “Agreement”), is dated as of May 29, 2008, by and between Blackbaud, Inc., a Delaware corporation (“Parent”), and the stockholders of Kintera, Inc., a Delaware corporation (the “Company”), listed on the signature pages hereto (each, a “Stockholder” and, collectively, the “Stockholders”).

Kintera Inc – AMENDMENT TO RIGHTS AGREEMENT (May 30th, 2008)

This Amendment to Rights Agreement (this “Amendment”), dated as of May 29, 2008, between Kintera, Inc., a Delaware corporation (the “Company”), and Computershare (formerly U.S. Stock Transfer Corporation), as Rights Agent (the “Rights Agent”), amends that certain Rights Agreement, dated as of January 25, 2006, by and between the Company and the Rights Agent (the “Rights Agreement”).

Kintera Inc – Kintera Receives Nasdaq Notice Letter (May 21st, 2008)

SAN DIEGO – May 21, 2008 – Kintera® Inc. (NASDAQ: KNTA) (the “Company”), today announced that on May 15, 2008 it received a notice from the Nasdaq Stock Market (“Nasdaq”) indicating that it no longer complies with the requirements of Nasdaq Marketplace Rule 4450(a)(3) for continued listing on the Nasdaq Global Market. The rule requires that the company maintain minimum stockholders’ equity of $10,000,000. As reported in the company’s quarterly report on Form 10-Q for the period ended March 31, 2008, the company’s stockholders’ equity was $9,806,000 as of March 31, 2008.

Kintera Inc – Kintera Receives Nasdaq Notice Letter (April 8th, 2008)

SAN DIEGO – April 8, 2008 – Kintera® Inc. (NASDAQ: KNTA), today announced that on April 2, 2008 it received a notice from the Nasdaq Stock Market indicating that it has failed to comply with Nasdaq Marketplace Rule 4450(a)(5), which requires a minimum $1.00 per share bid price for the Company’s common stock, for 30 consecutive business days. Under Nasdaq Marketplace Rule 4450(e)(2), the company has an initial period of 180 calendar days to regain compliance with this listing requirement. If at any time before September 29, 2008, the minimum bid price of the Company’s common stock closes at $1.00 per share or more for a minimum of 10 consecutive business days, Nasdaq will provide the company with written notification that it has achieved compliance with this rule.

Kintera Inc – FIFTH AMENDMENT TO OFFICE LEASE (March 26th, 2008)

THIS FIFTH AMENDMENT TO OFFICE LEASE (this “Amendment”) is made and effective as of December 1, 2006 (the “Effective Date”) by and between MAGUIRE PROPERTIES-SAN DIEGO TECH CENTER, LLC, a Delaware limited liability company (“Landlord”), and KINTERA, INC., a Delaware corporation (“Tenant”).

Kintera Inc – AMENDMENT NO. 1 TO THE KINTERA, INC. AMENDED AND RESTATED 2003 EQUITY INCENTIVE PLAN (March 26th, 2008)

Subject to adjustment as provided in Section 4.2, the maximum aggregate number of shares of Stock that may be issued under the Plan shall be Nine Million Five Hundred Fifty Thousand (9,550,000), reduced at any time by the number of shares subject to the Prior Plan Options.

Kintera Inc – SIXTH AMENDMENT TO OFFICE LEASE (March 26th, 2008)

THIS SIXTH AMENDMENT TO OFFICE LEASE (this “Amendment”) is made and effective as of December 22, 2006 (the “Effective Date”) by and between MAGUIRE PROPERTIES-SAN DIEGO TECH CENTER, LLC, a Delaware limited liability company (“Landlord”), and KINTERA, INC., a Delaware corporation (“Tenant”).

Kintera Inc – March 13, 2008 (March 26th, 2008)

I am pleased to confirm that the Compensation Committee (the “Committee”) of the Board of Directors of Kintera, Inc. (the “Company”) has approved certain new benefits awarded to you as described in this letter.

Kintera Inc – SEVENTH AMENDMENT TO OFFICE LEASE (March 26th, 2008)

THIS SEVENTH AMENDMENT TO OFFICE LEASE (this “Amendment”) is made and effective as of December 19,2007 (the “Effective Date”) by and between MAGUIRE PROPERTIES-SAN DIEGO TECH CENTER, LLC, a Delaware limited liability company (“Landlord”), and KINTERA, INC., a Delaware corporation (“Tenant”).

Kintera Inc – AMENDMENT TO THE KINTERA, INC. 2000 STOCK OPTION PLAN (March 26th, 2008)

IN WITNESS OF THE FOREGOING, the undersigned Secretary of Kintera, Inc., a Delaware corporation (the “Corporation”), certifies that the foregoing amendment to the Kintera 2000 Stock Option Plan was duly adopted by the Board of Directors of the Company on September 26, 2003 and approved by the stockholders of the Corporation on October 30, 2003.

Kintera Inc – AMENDMENT NO. 1 TO THE KINTERA, INC. AMENDED AND RESTATED 2004 EQUITY INCENTIVE PLAN (FUNDWARE) (March 26th, 2008)

This Amendment to the Kintera, Inc. Amended and Restated 2004 Equity Incentive Plan Fundware (the “Plan”) is effective as of January 14, 2008.

Kintera Inc – October 4, 2007 Alex Fitzpatrick 4584 Granger Street San Diego, CA 92107 (November 7th, 2007)

I am pleased to confirm that the Compensation Committee (the “Committee”) of the Board of Directors of Kintera, Inc. (the “Company”) has approved certain new benefits awarded to you as described in this letter.

Kintera Inc – AMENDED AND RESTATED BYLAWS OF KINTERA, INC. (November 5th, 2007)
Kintera Inc – RELEASE OF ALL CLAIMS AGREEMENT (August 9th, 2007)

This Release of All Claims (“Agreement”) is made by and between Kintera, Inc. (“the Company”) and Harry Gruber (“Employee”) based on the following facts:

Kintera Inc – RELEASE OF ALL CLAIMS AGREEMENT (August 9th, 2007)

This Release of All Claims (“Agreement”) is made by and between Kintera, Inc. (“the Company”) and Dennis N. Berman (“Employee”) based on the following facts:

Kintera Inc – EXECUTIVE EMPLOYMENT AGREEMENT (August 9th, 2007)

This Executive Employment Agreement (“Agreement”), dated August 1, 2007 (“Effective Date”), is between Kintera, Inc., a Delaware corporation (the “Company”) and Richard LaBarbera (“Executive”).

Kintera Inc – Contract (December 13th, 2006)

NEITHER THESE SECURITIES NOR THE SECURITIES ISSUABLE UPON EXERCISE OF THESE SECURITIES HAVE BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN ACCORDANCE WITH APPLICABLE STATE SECURITIES LAWS AS EVIDENCED BY A LEGAL OPINION OF COUNSEL TO THE TRANSFEROR TO SUCH EFFECT, THE SUBSTANCE OF WHICH SHALL BE REASONABLY ACCEPTABLE TO THE COMPANY. THESE SECURITIES AND THE SECURITIES ISSUABLE UPON EXERCISE OF THESE SECURITIES MAY BE PLEDGED IN CONNECTION WITH A BONA FIDE MARGIN ACCOUNT SECURED BY SUCH SECURITIES.

Kintera Inc – WARRANT AMENDMENT AGREEMENT (December 13th, 2006)

THIS WARRANT AMENDMENT AGREEMENT (the “Agreement”) is made and entered into as of December 12, 2006, by and among KINTERA, INC., a Delaware corporation (the “Company”), and the Prior Investors (as such term is defined below) signatory hereto. Capitalized terms used and not otherwise defined herein shall have the meanings ascribed to them in the Existing Warrants (as such term is defined below).

Kintera Inc – SECURITIES PURCHASE AGREEMENT (December 13th, 2006)

THIS SECURITIES PURCHASE AGREEMENT (this “Agreement”) is dated as of December 12, 2006, among KINTERA, INC., a Delaware corporation (the “Company”), and the investors identified on the signature pages hereto (each, an “Investor” and collectively, the “Investors”).

Kintera Inc – REGISTRATION RIGHTS AGREEMENT (December 13th, 2006)

THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made and entered into as of December 12, 2006, by and among KINTERA, INC., a Delaware corporation (the “Company”), and the investors signatory hereto (each an “Investor” and collectively, the “Investors”).

Kintera Inc – Certain Information Regarding 2005 Results of Operations Bookings – defined as fixed contract value of customer contracts signed. (March 16th, 2006)

Service plan and maintenance revenue is defined as activation, hosting and use of Kintera Sphere software as a service (“SaaS”) and software maintenance revenue for Fundware software installations; Implementation revenue consists primarily of revenue generated from implementation services; Data and support services revenue consists of delivery of wealth screening data services, professional services and consulting, and billable support services; License and subscription revenue consists primarily of packaged software sales and advertising and access to Masterplanner print and online content; and Transaction and usage revenue consists of fees charged for processing of donations and other usage related services such as emails, faxes and other measurable activities.

Kintera Inc – KINTERA, INC. and U.S. STOCK TRANSFER CORPORATION as Rights Agent RIGHTS AGREEMENT Dated as of January 25, 2006 (January 25th, 2006)

RIGHTS AGREEMENT, dated as of January 25, 2006 (the “Agreement”), between Kintera, Inc., a Delaware corporation (the “Company”), and U.S. Stock Transfer Corporation (the ”Rights Agent”).

Kintera Inc – CERTIFICATE OF DESIGNATION OF THE SERIES A PREFERRED STOCK OF KINTERA, INC. Pursuant to Section 151 of the General Corporation Law of the State of Delaware (January 25th, 2006)

The undersigned officers of Kintera, Inc., a corporation organized and existing under the General Corporation Law of the State of Delaware (the “Corporation”), in accordance with the provisions of Section 103 thereof, DO HEREBY CERTIFY:

Kintera Inc – Contract (November 22nd, 2005)

NEITHER THESE SECURITIES NOR THE SECURITIES ISSUABLE UPON EXERCISE OF THESE SECURITIES HAVE BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN ACCORDANCE WITH APPLICABLE STATE SECURITIES LAWS AS EVIDENCED BY A LEGAL OPINION OF COUNSEL TO THE TRANSFEROR TO SUCH EFFECT, THE SUBSTANCE OF WHICH SHALL BE REASONABLY ACCEPTABLE TO THE COMPANY. THESE SECURITIES AND THE SECURITIES ISSUABLE UPON EXERCISE OF THESE SECURITIES MAY BE PLEDGED IN CONNECTION WITH A BONA FIDE MARGIN ACCOUNT SECURED BY SUCH SECURITIES.

Kintera Inc – SECURITIES PURCHASE AGREEMENT (November 22nd, 2005)

This Securities Purchase Agreement (this “Agreement”) is dated as of November 21, 2005, among Kintera, Inc., a Delaware corporation (the “Company”), and the investors identified on the signature pages hereto (each, an “Investor” and collectively, the “Investors”).

Kintera Inc – REGISTRATION RIGHTS AGREEMENT (November 22nd, 2005)

This Registration Rights Agreement (this “Agreement”) is made and entered into as of November 21, 2005, by and among Kintera, Inc., a Delaware corporation (the “Company”), and the investors signatory hereto (each a “Investor” and collectively, the “Investors”).

Kintera Inc – AMENDMENT TO THE KINTERA, INC. 2000 STOCK OPTION PLAN (November 9th, 2005)
Kintera Inc – KINTERA, INC. 2004 EQUITY INCENTIVE PLAN (FUNDWARE) (Amended and Restated effective July 20, 2005) (October 11th, 2005)
Kintera Inc – KINTERA, INC. 2003 EQUITY INCENTIVE PLAN (Amended and Restated effective July 20, 2005) (October 11th, 2005)
Kintera Inc – SUBLEASE (March 16th, 2005)

This Sublease is made and entered into as of this 3rd day of Dec. 2004, by and among INTUIT INC., a Delaware corporation (“Sublandlord”) and American Fundware Holding Company, Inc., a Delaware corporation (“Subtenant”), and is made with reference to the following facts and objectives:

Kintera Inc – KINTERA, INC. 2004 EQUITY INCENTIVE PLAN (FUNDWARE) (March 16th, 2005)
Kintera Inc – American Fundware Holding Company, Inc. Financial Statements Contents (February 14th, 2005)

We have audited the accompanying balance sheet of American Fundware Holding Company, Inc. (the “Company”) as of July 31, 2004 and the related statements of operations, stockholders’ net deficiency, and cash flows for the year then ended. These financial statements are the responsibility of the Company’s management. Our responsibility is to express an opinion on these financial statements based on our audit.

Kintera Inc – Kintera, Inc September 30, 2004 (unaudited) AFHC October 31, 2004 Notes Pro forma Adjustments Pro forma Combined Assets Current assets: Cash and cash equivalents $ 11,728,187 $ — (1) $ (11,337,500 ) $ 390,687 Marketable securities 35,027,101 — — 35,027,101 Accounts receivable, net 4,844,575 713,138 — 5,557,713 Prepaid expenses and other current assets 1,157,353 51,062 — 1,208,415 Note receivable from employee 16,338 — — 16,338 Total current assets 52,773,554 764,200 (11,337,500 ) 42,200,254 Property and equipment, net 2,317,379 422,851 — 2,740,230 Software development costs, net 1,283,541 — — (February 14th, 2005)