Apache Design Solutions Inc Sample Contracts

Apache Design Solutions Inc – Contract (May 27th, 2011)

CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.

Apache Design Solutions Inc – APACHE DESIGN SOLUTIONS, INC. Suite 120 Palo Alto, CA 94306 (May 27th, 2011)

In consideration of the purchase by Intel Capital Corporation (“ICC”) of shares of Series A Preferred Stock of Apache Design Solutions, Inc., a Delaware corporation (the “Company”), pursuant to a Series A Preferred Stock Purchase Agreement dated as of [*] (the “Purchase Agreement”), the Company and Intel agree to the terms and obligations of this side letter agreement (this “Agreement”). As used herein, “Intel” shall refer to ICC, its ultimate parent company, Intel Corporation, and/or one or more of the other direct or indirect subsidiaries of Intel Corporation. Terms used herein and not defined shall have the meanings assigned to them in the Purchase Agreement.

Apache Design Solutions Inc – Contract (May 27th, 2011)

CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.

Apache Design Solutions Inc – Contract (May 27th, 2011)

CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.

Apache Design Solutions Inc – Apache Design Solutions, Inc. 2645 Zanker Road San Jose, CA 95134 (April 18th, 2011)

This letter shall serve to confirm the terms of your continuing employment with Apache Design Solutions, Inc. (the “Company”) as its Chief Executive Officer. If the terms discussed below are acceptable to you, please sign this confirmation letter where indicated and return it to me.

Apache Design Solutions Inc – SECOND AMENDMENT TO LEASE AGREEMENT (April 18th, 2011)

THE SECOND AMENDMENT TO LEASE AGREEMENT, made and entered into this 14th day of March, 2011, by and between Zanker Investment Group, LLC (hereinafter referred to as “Landlord”), and Apache Design Solutions, Inc. (hereinafter referred to as “Tenant”).

Apache Design Solutions Inc – Apache Design Solutions, Inc. 2645 Zanker Road San Jose, CA 95134 (April 18th, 2011)

This letter shall serve to confirm the terms of your continuing employment with Apache Design Solutions, Inc. (the “Company”) as its Chief Financial Officer. If the terms discussed below are acceptable to you, please sign this confirmation letter where indicated and return it to me.

Apache Design Solutions Inc – APACHE DESIGN SOLUTIONS, INC. CODE OF BUSINESS CONDUCT AND ETHICS (Adopted on March 7, 2011 and Effective When the Company is Subject to the Securities Exchange Act of 1934) (April 18th, 2011)

Apache Design Solutions, Inc. and its subsidiaries (collectively, the “Company”) believe that a strong commitment to high ethical, moral and legal principles in every aspect of the Company’s business is essential for our success. Accordingly, we have adopted this Code of Business Conduct and Ethics (the “Code”) to apply to each of our employees, officers and directors. We will make this Code available on our website at http://www.apache-da.com and will disclose its availability in our annual report on Form 10-K and in our annual proxy statement.

Apache Design Solutions Inc – Re: Offer Letter (April 18th, 2011)

This letter confirms the agreement between you and Apache Design Solutions, Inc., a Delaware corporation (the “Company”), regarding your membership on the Company’s Board of Directors (the “Board”) and your services to the Company. Such membership shall commence at the next Board meeting (currently scheduled for April 14, 2011) and shall continue until your successor is duly elected and qualified or until your earlier death, resignation or removal. The Company would like you to serve as a member of its Audit Committee and Nominating and Corporate Governance Committee.

Apache Design Solutions Inc – APACHE DESIGN SOLUTIONS, INC. 2010 AE COMPENSATION POLICY Effective January 1, 2010 (March 14th, 2011)

This AE Compensation Policy (the Policy) sets forth the AE Compensation to be paid by Apache Design Solutions, Inc. (Company) to AE Personnel (Employee). This policy is effective for the Period (as defined in Exhibit A) and may be modified or amended by Company as provided hereunder.

Apache Design Solutions Inc – AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF APACHE DESIGN SOLUTIONS, INC. (March 14th, 2011)

Apache Design Solutions, Inc., a corporation organized and existing under the laws of the State of Delaware, hereby certifies as follows:

Apache Design Solutions Inc – February 5, 2001 (March 14th, 2011)

It is my pleasure to offer you the position of President of Apache Design Solutions, Inc. (the “Company”). This letter shall serve to confirm the terms of your employment with the Company. Such employment shall begin immediately upon your acceptance of this letter or as indicated herein (“Acceptance Date”). If the terms discussed below are acceptable to you, please sign this confirmation letter where indicated and return it to me.

Apache Design Solutions Inc – AMENDED AND RESTATED BYLAWS OF APACHE DESIGN SOLUTIONS, INC. (March 14th, 2011)
Apache Design Solutions Inc – March 1, 2002 (March 14th, 2011)

It is my pleasure to offer you the position of Director of Simulation Products at Apache Design Solutions, Inc. (the “Company”). This letter shall serve to confirm the terms of your employment with the Company and is being delivered in connection with the sale of all outstanding securities of Anawork Systems, Inc. (“Anawork”) to the Company. This offer is conditioned upon the sale of Anawork to the Company (such sale consummation date, the “Start Date”). If the terms discussed below are acceptable to you, please sign this agreement where indicated and return it to me.

Apache Design Solutions Inc – INDEMNIFICATION AGREEMENT (March 14th, 2011)

THIS AGREEMENT (the “Agreement”) is made and entered into this day of , 2011 by and between Apache Design Solutions, Inc., a Delaware corporation (the “Corporation”), and (the “Indemnitee”) and is to be effective as of the time the Indemnitee first provided service to the Corporation as an officer and/or director of the Corporation.

Apache Design Solutions Inc – APACHE DESIGN SOLUTIONS, INC. AMENDED AND RESTATED 2001 STOCK OPTION/STOCK ISSUANCE PLAN (March 14th, 2011)
Apache Design Solutions Inc – Apache Design Solutions, Inc. 1881 Landings Drive Mountain View, CA 94043 (March 14th, 2011)

It my pleasure to offer you the position of Senior Product Engineer, reporting to Henry Lee (Director of Product Engineering) at Apache Design Solutions, Inc. (the “Company”). This letter shall serve to confirm the terms of your employment with the Company. Such employment shall begin no later than October 13, 2003. If the terms discussed below are acceptable to you, please sign this confirmation letter where indicated and return it to me.

Apache Design Solutions Inc – Contract (March 14th, 2011)

CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.

Apache Design Solutions Inc – APACHE DESIGN SOLUTIONS, INC. Suite 120 Palo Alto, CA 94306 (March 14th, 2011)

In consideration of the purchase by Intel Capital Corporation (“ICC”) of shares of Series A Preferred Stock of Apache Design Solutions, Inc., a Delaware corporation (the “Company”), pursuant to a Series A Preferred Stock Purchase Agreement dated as of [*] (the “Purchase Agreement”), the Company and Intel agree to the terms and obligations of this side letter agreement (this “Agreement”). As used herein, “Intel” shall refer to ICC, its ultimate parent company, Intel Corporation, and/or one or more of the other direct or indirect subsidiaries of Intel Corporation. Terms used herein and not defined shall have the meanings assigned to them in the Purchase Agreement.

Apache Design Solutions Inc – LEASE AGREEMENT LANDLORD: ZANKER INVESTMENT GROUP, LLC TENANT: APACHE DESIGN SOLUTIONS, INC. A Delaware Corporation DATED: August 13, 2007 (March 14th, 2011)

This SUMMARY OF BASIC LEASE INFORMATION AND DEFINITIONS (“Summary”) is hereby incorporated into and made a part of the attached Office Lease, which pertains to the Building described in Section 1.4 below. All references in the Lease to the “Lease” shall include this Summary. All references in the Lease to any term defined in this Summary shall have the meaning set forth in this Summary for such term. Any initially capitalized terms used in this Summary and any initially capitalized terms in the Lease, which are not otherwise defined in this Summary shall have the meaning given to such terms in the Lease. If there is any inconsistency between the Summary and the Lease, the provisions of the Lease shall control.

Apache Design Solutions Inc – APACHE DESIGN SOLUTIONS, INC. 2010 SALES COMPENSATION POLICY Effective January 1, 2010 (March 14th, 2011)

This Sales Compensation Policy (the Policy) sets forth the sales compensation to be paid by Apache Design Solutions, Inc. (Company) to Sales Personnel (Employee). This policy is effective for the Period (as defined in Exhibit A) and may be modified or amended by Company as provided hereunder.

Apache Design Solutions Inc – Apache Design Solutions, Inc. AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (March 14th, 2011)

THIS AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (this “Agreement”) is made on and as of the 21st day of January, 2004, by and among Apache Design Solutions, Inc., a Delaware corporation (the “Company”), the parties listed on Schedule A hereto (collectively, the “Investors”) and Shen Lin, Norman Chang and Andrew T. Yang (each, a “Founder” and collectively, the “Founders”).

Apache Design Solutions Inc – APACHE DESIGN SOLUTIONS, INC. 2011 EMPLOYEE STOCK PURCHASE PLAN (March 14th, 2011)
Apache Design Solutions Inc – AMENDMENT No. 1 To the DEVELOPMENT, MARKETING AND LICENSE AGREEMENT Between APACHE DESIGN SOLUTIONS, INC. AND INTEL CORPORATION (March 14th, 2011)

WHEREAS, Intel Corporation (“Intel”) and Apache Design Solutions, Inc. (“Apache”) have entered into a Development, Marketing and License Agreement (hereinafter called “Agreement”) dated August 14, 2001; and

Apache Design Solutions Inc – February 19, 2001 (March 14th, 2011)

It is my pleasure to offer you the position of Vice President of Apache Design Solutions, Inc. (the “Company”). This letter shall serve to confirm the terms of your employment with the Company. Such employment shall begin immediately upon your acceptance of this letter or as indicated herein (“Acceptance Date”). If the terms discussed below are acceptable to you, please sign this confirmation letter where indicated and return it to me.

Apache Design Solutions Inc – Re: Offer Letter (March 14th, 2011)

This letter confirms the agreement between you and Apache Design Solutions, Inc., a Delaware corporation (the “Company”), regarding your membership on the Company’s Board of Directors (the “Board”) and your services to the Company. Such membership shall commence at the next Board meeting (currently scheduled for February 3, 2011) and shall continue until your successor is duly elected and qualified or until your earlier death, resignation or removal. The Company would like you to serve as the Chair of its Audit Committee and would like you to serve on its Compensation Committee and Nominating and Corporate Governance Committee.

Apache Design Solutions Inc – Contract (March 14th, 2011)

CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.

Apache Design Solutions Inc – APACHE DESIGN SOLUTIONS, INC. 2011 EQUITY INCENTIVE PLAN (March 14th, 2011)
Apache Design Solutions Inc – Apache Design Solutions, Inc. 1098 Alta Ave, Suite 102 Mountain View, CA 94043 (March 14th, 2011)

Thank you for your interest in Apache. it is my pleasure to offer you the position of Vice President of Worldwide Sales, reporting to Andrew Yang, CEO of Apache Design Solutions, Inc. (the “Company”). This letter shall serve to confirm the terms of your employment with the Company. Such employment shall begin no later than March 20th, 2005. If the terms discussed below are acceptable to you, please sign this confirmation letter where indicated and return it to me.

Apache Design Solutions Inc – Apache Design Solutions, Inc. 1881 Landings Drive Mountain View, CA 94043 (March 14th, 2011)

It is my pleasure to offer you the position of Vice President of Business Development and General Manager of Asia reporting to me at Apache Design Solutions, Inc. (the “Company”). This letter shall serve to confirm the terms of your employment with the Company. Such employment shall begin no later than July 6, 2005. If the terms discussed below are acceptable to you, please sign this confirmation letter where indicated and return it to me.

Apache Design Solutions Inc – Apache Design Solutions, Inc. SOFTWARE LICENSE AGREEMENT (March 14th, 2011)

THIS SOFTWARE LICENSE AGREEMENT (the “Agreement”) is entered into as of the 30th day of October, 2006 (the “Effective Date”) by and between Apache Design Solutions, Inc., a Delaware corporation, having its principal place of business at 1098 Alta Avenue, Mountain View, CA 94043 (“Apache”), and Intel Corporation, a Delaware corporation, having its principal place of business at 2200 Mission College Boulevard, Santa Clara, CA 95052, by and on behalf of itself and its wholly owned subsidiaries (collectively “Licensee”).

Apache Design Solutions Inc – ASSET PURCHASE AGREEMENT by and between APACHE DESIGN SOLUTIONS, INC. – and – SEQUENCE DESIGN, INC. Dated as of August 19, 2009 (March 14th, 2011)

THIS ASSET PURCHASE AGREEMENT, dated as of August 19, 2009 (this “Agreement”), is entered into by and between APACHE DESIGN SOLUTIONS, INC., a Delaware corporation (“Buyer”) and SEQUENCE DESIGN, INC., a California corporation (“Seller”). Capitalized terms used herein shall have the meanings set forth in this Agreement.

Apache Design Solutions Inc – Contract (March 14th, 2011)

CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.