Netezza Corp Sample Contracts

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COMMON STOCK
Netezza Corp • June 28th, 2007 • Electronic computers • New York
NETEZZA CORPORATION Indemnification Agreement
Indemnification Agreement • June 28th, 2007 • Netezza Corp • Electronic computers • Delaware

This Agreement is made as of the ___day of June, 2007, by and between Netezza Corporation, a Delaware corporation (the “Corporation), and _________ (the “Indemnitee”), a director or executive officer of the Corporation.

AGREEMENT AND PLAN OF MERGER Among INTERNATIONAL BUSINESS MACHINES CORPORATION ONYX ACQUISITION CORP. and NETEZZA CORPORATION Dated as of September 19, 2010
Agreement and Plan of Merger • September 20th, 2010 • Netezza Corp • Electronic computers • Delaware

AGREEMENT AND PLAN OF MERGER dated as of September 19, 2010 (this “Agreement”), by and among INTERNATIONAL BUSINESS MACHINES CORPORATION, a New York corporation (“Parent”), ONYX ACQUISITION CORP., a Delaware corporation and a wholly owned subsidiary of Parent (“Sub”), and NETEZZA CORPORATION, a Delaware corporation (the “Company”).

LEASE
Lease • March 22nd, 2007 • Netezza Corp • Massachusetts
AGREEMENT AND PLAN OF MERGER BY AND AMONG NETEZZA CORPORATION, NETEZZA HOLDING CORP. AND TIZOR SYSTEMS, INC. February 18, 2009
Agreement and Plan of Merger • February 24th, 2009 • Netezza Corp • Electronic computers • Delaware

This Agreement contemplates a merger of the Transitory Subsidiary into the Company. In such merger, certain of the stockholders of the Company will receive cash in exchange for their capital stock of the Company and other stock of the Company will be cancelled and extinguished.

FIRST AMENDMENT TO LEASE
Lease • September 9th, 2008 • Netezza Corp • Electronic computers

THIS FIRST AMENDMENT (the “Amendment”) is made as of the 8th day of July, 2008, by and between NE WILLIAMS II, LLC, a Delaware limited liability company (“Landlord”) and NETEZZA CORP., a Delaware corporation (“Tenant”).

NETEZZA CORPORATION Director Restricted Stock Agreement
Director Restricted Stock Agreement • September 4th, 2009 • Netezza Corp • Electronic computers

This Director Restricted Stock Agreement is made between Netezza Corporation (the “Company”) and (the “Recipient”) as of (the “Grant Date”).

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SECOND AMENDMENT TO LEASE
Lease • September 9th, 2010 • Netezza Corp • Electronic computers

THIS SECOND AMENDMENT (the “Amendment”) is made as of the 14th day of June, 2010, by and between NE WILLIAMS II, LLC, a Delaware limited liability company (“Landlord”) and NETEZZA CORP., a Delaware corporation (“Tenant”).

NETEZZA CORPORATION [Form of] Restricted Stock Unit Agreement (Performance- Based)
Restricted Stock Unit Agreement • March 8th, 2010 • Netezza Corp • Electronic computers • Massachusetts

This Restricted Stock Unit Agreement is made as of the Agreement Date between Netezza Corporation (the “Company”), a Delaware corporation, and the Participant.

NETEZZA CORPORATION Second Amended and Restated Executive Retention Agreement
Executive Retention Agreement • March 13th, 2009 • Netezza Corp • Electronic computers • Massachusetts

THIS SECOND AMENDED AND RESTATED EXECUTIVE RETENTION AGREEMENT by and between Netezza Corporation, a Delaware corporation (the “Company”), and Jitendra Saxena (the “Executive”) is made as of March 12, 2009 (the “Effective Date”).

NETEZZA CORPORATION Amended and Restated Executive Retention Agreement
Retention Agreement • March 26th, 2009 • Netezza Corp • Electronic computers • Massachusetts

THIS AMENDED AND RESTATED EXECUTIVE RETENTION AGREEMENT by and between Netezza Corporation, a Delaware corporation (the “Company”), and (the “Executive”) is made as of December , 2008 (the “Effective Date”).

NETEZZA CORPORATION [Form of] Restricted Stock Unit Agreement (Time-Based)
Restricted Stock Unit Agreement • March 8th, 2010 • Netezza Corp • Electronic computers • Massachusetts

This Restricted Stock Unit Agreement is made as of the Agreement Date between Netezza Corporation (the “Company”), a Delaware corporation, and the Participant.

Lease by and between NE WILLIAMS II, LLC, Landlord, and Netezza Corp, Tenant Dated: January 2, 2008 Property: 26 Forest Street, Marlborough, MA
Lease • April 18th, 2008 • Netezza Corp • Electronic computers • Massachusetts
NETEZZA CORPORATION Executive Retention Agreement
Executive Retention Agreement • April 1st, 2010 • Netezza Corp • Electronic computers • Massachusetts

THIS AGREEMENT by and between Netezza Corporation, a Delaware corporation (the “Company”), and David R. Flaxman (the “Executive”) is made as of November 24, 2009 (the “Effective Date”).

NETEZZA CORPORATION Director Restricted Stock Agreement
Director Restricted Stock Agreement • April 1st, 2010 • Netezza Corp • Electronic computers

This Director Restricted Stock Agreement is made between Netezza Corporation (the “Company”) and (the “Recipient”) as of ___, 20___(the “Grant Date”).

NETEZZA CORPORATION Amendment No. 2 to Third Amended and Restated Investor Rights Agreement
Investor Rights Agreement • March 26th, 2009 • Netezza Corp • Electronic computers

This Amendment No. 2, dated as of April 30, 2007, amends the Third Amended and Restated Investor Rights Agreement, as amended, dated as of December 22, 2004 among Netezza Corporation, a Delaware corporation (the “Company”), the Founders and the Purchasers (the “Investor Rights Agreement”). Capitalized terms not defined herein shall have the meanings ascribed to them in the Investor Rights Agreement.

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