RECITALSLoan and Security Agreement • October 15th, 2007 • Soundbite Communications Inc • Services-business services, nec • California
ARTICLE II REGISTRATION RIGHTS' Rights Agreement • April 16th, 2007 • Soundbite Communications Inc
LEASELease Agreement • April 16th, 2007 • Soundbite Communications Inc • Massachusetts
RECITALSLoan and Security Agreement • October 15th, 2007 • Soundbite Communications Inc • Services-business services, nec • California
Exhibit 10.16 CHANGE IN CONTROL AGREEMENTControl Agreement • October 15th, 2007 • Soundbite Communications Inc • Services-business services, nec
Date]Soundbite Communications Inc • April 16th, 2007 • Delaware
ARTICLE II REGISTRATION RIGHTS' Rights Agreement • October 15th, 2007 • Soundbite Communications Inc • Services-business services, nec
SoundBite Communications, Inc. Common Stock Underwriting AgreementUnderwriting Agreement • October 15th, 2007 • Soundbite Communications Inc • Services-business services, nec • New York
Cowen and Company, LLC Thomas Weisel Partners LLC As representatives of the Underwriters named in Schedule I hereto, c/o Cowen and Company, LLC 1221 Avenue of the Americas New York, NY 10020
LEASELease • April 16th, 2007 • Soundbite Communications Inc • Massachusetts
TENDER AND SUPPORT AGREEMENTTender and Support Agreement • May 21st, 2013 • Soundbite Communications Inc • Services-business services, nec • Delaware
THIS TENDER AND SUPPORT AGREEMENT (this “Agreement”) dated as of May 20, 2013, is entered into by and among Genesys Telecommunications Laboratories, Inc., a California corporation (“Parent”), Sonar Merger Sub, a Delaware corporation and wholly-owned Subsidiary of Parent (“Newco”) and North Bridge Venture Partners IV-A, L.P., a Delaware limited partnership (“Stockholder”).
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 6th, 2009 • Soundbite Communications Inc • Services-business services, nec • Delaware
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of November 2, 2009 (the “Effective Date”) between SILICON VALLEY BANK, a California corporation with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (“Bank”), and SOUNDBITE COMMUNICATIONS, INC., a Delaware corporation (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
Date]Soundbite Communications Inc • October 15th, 2007 • Services-business services, nec • Delaware
SOUNDBITE COMMUNICATIONS, INC. Executive Retention AgreementExecutive Retention Agreement • April 5th, 2012 • Soundbite Communications Inc • Services-business services, nec • Massachusetts
THIS EXECUTIVE RETENTION AGREEMENT (this “Agreement”) is entered into between SoundBite Communications, Inc., a Delaware corporation (the “Company”), and [Name of Executive] (the “Executive”) as of [for James A. Milton: May 1, 2009] [for Robert C. Leahy, Timothy R. Segall, and Mark D. Friedman: December 29, 2008, in order to amend and restate in its entirety the Executive Retention Agreement dated as of November 28, 2008].
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 14th, 2007 • Soundbite Communications Inc • Services-business services, nec • Delaware
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of July 19, 2007 (the “Effective Date”) between SILICON VALLEY BANK, a California corporation with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (“Bank”), and SOUNDBITE COMMUNICATIONS, INC., a Delaware corporation (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
INDEMNIFICATION AGREEMENTIndemnification Agreement • October 15th, 2007 • Soundbite Communications Inc • Services-business services, nec • Delaware
This Agreement is made as of the ___day of ____________200_, by and between SoundBite Communications, Inc., a Delaware corporation (the “Corporation), and ____________(the “Indemnitee”), a director or officer of the Corporation.
Exhibit 10.11 (SOUNDBITE COMMUNICATIONS(R) LOGO) Re: SoundBite Communications, Inc. (the "Company") Grant of Nonqualified Stock Option Dear __________: The Company is pleased to advise you that its Board of Directors has granted to you a stock option...Soundbite Communications Inc • October 15th, 2007 • Services-business services, nec • Delaware
SoundBite Communications, Inc. Incentive Stock Option Agreement Granted Under 2007 Stock Incentive PlanIncentive Stock Option Agreement • September 26th, 2007 • Soundbite Communications Inc • Services-business services, nec
FIRST AMENDMENT TO LEASELease • May 9th, 2013 • Soundbite Communications Inc • Services-business services, nec
THIS FIRST AMENDMENT TO LEASE (this “Amendment”) dated as of the 30th day of April, 2013 (the “Effective Date”), is entered into by and between RAR2-CROSBY CORPORATE CENTER QRS, INC., a Maryland corporation (“Landlord”), and SOUNDBITE COMMUNICATIONS, INC., a Delaware corporation (“Tenant”), relating to the premises located in the building (the “Building”) located in the Town of Bedford, County of Middlesex, Commonwealth of Massachusetts, commonly known as 22 Crosby Drive (the “Property”).
FIRST LOAN MODIFICATION AGREEMENTFirst Loan Modification Agreement • May 7th, 2010 • Soundbite Communications Inc • Services-business services, nec
This First Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of March 2, 2010, and is effective as of November 2, 2009, by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (“Bank”) and SOUNDBITE COMMUNICATIONS, INC., a Delaware corporation, with its principal executive office located at 22 Crosby Drive, Bedford, Massachusetts 01730 (“Borrower”).
Dear Stockholder:Soundbite Communications Inc • June 4th, 2013 • Services-business services, nec
We are pleased to inform you that, on May 20, 2013, SoundBite Communications, Inc. (the “Company”) entered into a definitive Agreement and Plan of Merger (the “Merger Agreement”) with Genesys Telecommunications Laboratories, Inc. and its wholly owned subsidiary Sonar Merger Sub Inc. (the “Purchaser”). In accordance with the Merger Agreement, the Purchaser today commenced a tender offer (the “Offer”) to purchase all of the outstanding shares of the Company’s common stock (the “Shares”) for $5.00 per Share (the “Offer Price”), net to the seller in cash without interest and less taxes required to be withheld.
THIRD LOAN MODIFICATION AGREEMENTThird Loan Modification Agreement • May 9th, 2013 • Soundbite Communications Inc • Services-business services, nec
This Third Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of February 14, 2013, by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 275 Grove Street, Suite 2-200, Newton, Massachusetts 02466 (“Bank”) and SOUNDBITE COMMUNICATIONS, INC., a Delaware corporation, with its principal executive office located at 22 Crosby Drive, Bedford, Massachusetts 01730 (“Borrower”).
SECOND LOAN MODIFICATION AGREEMENTSecond Loan Modification Agreement • March 1st, 2011 • Soundbite Communications Inc • Services-business services, nec
This Second Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of February 18, 2011, and is effective as of November 1, 2010, by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 275 Grove Street, Suite 2-200, Newton, Massachusetts 02466 (“Bank”) and SOUNDBITE COMMUNICATIONS, INC., a Delaware corporation, with its principal executive office located at 22 Crosby Drive, Bedford, Massachusetts 01730 (“Borrower”).
SoundBite Communications, Inc. Change in Control AgreementSoundbite Communications Inc • March 29th, 2010 • Services-business services, nec • Massachusetts
This change in control agreement (this “Agreement”) will confirm the terms of certain compensation due to you by SoundBite Communications, Inc. and any successor (the “Company”) in the event of a Change in Control (as defined below) of the Company. This Agreement supersedes and replaces your prior change in control letter agreement with the Company.
Greeneden U.S. Holdings II, LLCSoundbite Communications Inc • June 4th, 2013 • Services-business services, nec
In connection with the discussions between us (“Genesys”) and you (the “Company”) regarding a possible transaction, if you execute and deliver this letter agreement, Genesys is prepared to increase its offer to acquire the Company to $5.00 per share in cash (the “Offer Price”), which offer shall expire one hour following its receipt via email by your financial advisor Jim Schroeder at Arma Partners unless Genesys receives an executed copy of this letter agreement. In consideration of the foregoing, you agree that from and after your execution of this letter agreement until 5:00 p.m. San Francisco time on Friday, May 17, 2013 (the “Exclusivity Period”), (a) neither the Company nor any of its subsidiaries, officers or directors shall, and the Company shall not permit the Company’s or its subsidiaries’ directors, employees, agents or representatives, including any investment banker, attorney, consultant or accountant (collectively, “Representatives”), to, initiate, solicit or knowingly en
SoundBite Communications, Inc. Change in Control AgreementControl Agreement • April 21st, 2009 • Soundbite Communications Inc • Services-business services, nec • Massachusetts
This change in control agreement (this “Agreement”) will confirm the terms of certain compensation due to you by SoundBite Communications, Inc. and any successor (the “Company”) in the event of a Change in Control (as defined below) of the Company.
SoundBite Communications, Inc. Nonstatutory Stock Option Agreement Granted Under 2007 Stock Incentive PlanStock Option Agreement • September 26th, 2007 • Soundbite Communications Inc • Services-business services, nec
INTERNAP LOGO) INTERNAP MASTER SERVICES AGREEMENT THIS INTERNAP MASTER SERVICES AGREEMENT (THE "AGREEMENT") is entered into by and between Soundbite, a Massachusetts Corporation with its principal place of business at 5 Burlington Woods Drive,...Internap Master Services Agreement • October 15th, 2007 • Soundbite Communications Inc • Services-business services, nec • Georgia
SoundBite Communications, Inc. Change in Control AgreementControl Agreement • November 28th, 2008 • Soundbite Communications Inc • Services-business services, nec • Massachusetts
This change in control agreement (this “Agreement”) will confirm the terms of certain compensation due to you by SoundBite Communications, Inc. and any successor (the “Company”) in the event of a Change in Control (as defined below) of the Company.
CONTRACT BETWEEN COLOSPACE, INC.Colocation Service Agreement • June 8th, 2007 • Soundbite Communications Inc • Services-business services, nec • Massachusetts
ADDENDUM TO MASTER SERVICES AGREEMENTAddendum to Master Services Agreement • May 9th, 2013 • Soundbite Communications Inc • Services-business services, nec
This SoundBite Information Security Standard defines the information protection controls used to protect SoundBite Information and applies to any organization (Company) that stores, processes, transmits, or access that information. SoundBite uses these controls internally and, to the degree that a vendor to SoundBite handles SoundBite Information, particularly SoundBite Confidential Information or SoundBite Highly Confidential Information, SoundBite requires that Company meet these security requirements as well.
SoundBite Communications, Inc. Consulting AgreementConsulting Agreement • April 21st, 2009 • Soundbite Communications Inc • Services-business services, nec • Massachusetts
This Agreement is made as of April 21, 2009 between SoundBite Communications, Inc., a Delaware corporation with its principal place of business at 22 Crosby Drive, Bedford, Massachusetts 01730 (“SoundBite”), and Peter R. Shields, residing at 104 Hampshire Road, Wellesley, Massachusetts 02481 (“Shields”).
AGREEMENT AND PLAN OF MERGER AMONG SOUNDBITE COMMUNICATIONS, INC., GENESYS TELECOMMUNICATIONS LABORATORIES, INC. AND SONAR MERGER SUB INC. Dated as of May 20, 2013Agreement and Plan of Merger • May 21st, 2013 • Soundbite Communications Inc • Services-business services, nec • Delaware
This AGREEMENT AND PLAN OF MERGER, dated as of May 20, 2013 (this “Agreement”), is entered into by and among SoundBite Communications, Inc., a Delaware corporation (the “Company”), Genesys Telecommunications Laboratories, Inc., a California corporation (“Parent”), and Sonar Merger Sub Inc., a Delaware corporation and wholly owned subsidiary of Parent (“Newco”).
SoundBite Communications, Inc. Restricted Stock AgreementRestricted Stock Agreement • October 15th, 2007 • Soundbite Communications Inc • Services-business services, nec • Delaware
SoundBite Communications, Inc. has selected you to receive the restricted stock award described above, which is subject to the provisions of the SoundBite Communications, Inc. 2007 Stock Incentive Plan and the terms and conditions contained in this Restricted Stock Agreement. Please confirm your acceptance of this restricted stock award and of the terms and conditions of this Agreement by signing a copy of this Agreement where indicated below.
