Violin Memory, Inc. Shares of Common Stock Underwriting AgreementUnderwriting Agreement • September 16th, 2013 • Violin Memory Inc • Computer storage devices • New York
ContractEnglish Warrant Agreement • July 26th, 2013 • Violin Memory Inc • Computer storage devices • California
THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 AS AMENDED (the “1933 ACT”), OR ANY STATE SECURITIES LAWS. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT RELATED THERETO OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO YOU THAT SUCH REGISTRATION IS NOT REQUIRED UNDER THE 1933 ACT, OR ANY APPLICABLE STATE SECURITIES LAWS.
VIOLIN MEMORY, INC. 2012 STOCK INCENTIVE PLAN (Adopted by the Board of Directors on October 28, 2012) (As Adjusted for Two-for-One Reverse Stock Split on September 12, 2013)Restricted Stock Agreement • September 27th, 2013 • Violin Memory Inc • Computer storage devices
VIOLIN MEMORY, INC. CHANGE OF CONTROL AND SEVERANCE AGREEMENTChange of Control and Severance Agreement • March 28th, 2016 • Violin Memory Inc • Computer storage devices • California
This Change of Control Severance Agreement (this “Agreement”), is made and entered into effective as of the Effective Date (as defined below) by and between Ebrahim Abassi (the “Executive”) and Violin Memory, Inc., a Delaware corporation (the “Company”). Certain capitalized terms used in this Agreement are defined in Section 1 below.
VIOLIN MEMORY, INC. AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT JANUARY 7, 2010Rights Agreement • August 26th, 2013 • Violin Memory Inc • Computer storage devices • Delaware
THIS AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (the “Agreement”) is made as of the 7th day of January, 2010, by and among Violin Memory, Inc., a Delaware corporation (the “Company”), the investors listed on Schedule A hereto, each of which is herein referred to as an “Investor” and the holders of Common Stock listed on Schedule B hereto, each of which is herein referred to as a “Common Holder”.
PLAIN ENGLISH GROWTH CAPITAL LOAN AND SECURITY AGREEMENTLoan and Security Agreement • July 26th, 2013 • Violin Memory Inc • Computer storage devices • California
This is a PLAIN ENGLISH GROWTH CAPITAL LOAN AND SECURITY AGREEMENT dated as of May 13, 2013 by and between VIOLIN MEMORY, INC., a Delaware corporation, as borrower, and TRIPLEPOINT CAPITAL LLC, a Delaware limited liability company, as lender.
Confidential Treatment Requested. Confidential portions of this document have been redacted and have been separately filed with the Commission. *** Confidential material redacted and filed separately with the Commission. Sales Agreement among Toshiba...Sales Agreement • August 26th, 2013 • Violin Memory Inc • Computer storage devices • California
This Sales Agreement (“Agreement”) is entered into as of June 27, 2011 (the “Effective Date”), by and between Toshiba Corporation (“Toshiba”), a Japanese corporation, with its principal office at 1-1, Shibaura 1-chome, Minato-ku, Tokyo 105-8001, Japan, on behalf of itself and its Affiliates that have been identified in an Exhibit C attached hereto, including Toshiba America Electronic Components, Inc. (“TAEC”), a California corporation, with its principal office at 19900 MacArthur Boulevard, Suite 400, Irvine, California 92612 (hereinafter collectively referred to as “Seller”) and Violin Memory, Inc., a Delaware corporation, with its principal office at 685 Clyde Avenue, Mountain View, California 94043, on behalf of itself and its Affiliates that have been Identified in Exhibit D attached hereto (hereinafter collectively referred to as “Buyer”). For purposes of this Agreement, “Affiliates” of a party means any entity that is directly or indirectly, Controlling or Controlled by or under
EMPLOYMENT AGREEMENTEmployment Agreement • August 26th, 2013 • Violin Memory Inc • Computer storage devices • California
AGREEMENT, dated as of April 15, 2009, between Violin Memory, Inc., a Delaware corporation (the “Company”), and Dr. Donald G. Basile (the “Executive”).
CATALYST CONSULTING SERVICES AGREEMENTConsulting Services Agreement • August 26th, 2013 • Violin Memory Inc • Computer storage devices • California
This Agreement is made by and between Violin Memory, Inc. (“Client”) having a place of business at 685 Clyde Avenue, Mountain View, CA 94043 and Catalyst Operating, a series of Catalyst Emerging Business Advisors, LLC, a Delaware Series LLC (“Catalyst”) having a principal place of business at 25 Metro Dr. Ste. 525, San Jose, CA 95110.
ContractWarrant Purchase Agreement • August 26th, 2013 • Violin Memory Inc • Computer storage devices • Delaware
THIS WARRANT AND THE SECURITIES ISSUABLE UPON THE EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, HYPOTHECATED, OR OTHERWISE TRANSFERRED EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR AN OPINION OF COUNSEL SATISFACTORY TO THE COMPANY THAT REGISTRATION IS NOT REQUIRED UNDER SUCH ACT OR UNLESS SOLD PURSUANT TO RULE 144 UNDER SUCH ACT.
Confidential Treatment Requested. Confidential portions of this document have been redacted and have been separately filed with the Commission. SPONSORSHIP AGREEMENTSponsorship Agreement • August 26th, 2013 • Violin Memory Inc • Computer storage devices • California
THIS SPONSORSHIP AGREEMENT (this “Agreement”) is made and entered into as of June 13, 2012 the (“Effective Date”), by and between Forty Niners SC Stadium Company LLC, a Delaware limited liability company (“Forty Niners SC”) having its principal place of business at 4949 Centennial Boulevard, Santa Clara, CA 95054, and Violin Memory, Inc., a Delaware corporation (“Sponsor”) having its principal place of business at 685 Clyde Avenue, Mountain View, CA 94043. For purposes of this Agreement, Forty Niners SC and Sponsor may each be referred to individually as a “Party” and may be collectively referred to as the “Parties.”
CATALYST CONSULTING SERVICES AGREEMENTConsulting Services Agreement • August 26th, 2013 • Violin Memory Inc • Computer storage devices • California
This Agreement is made by and between Violin Memory, Inc. (“Client”) having a place of business at 33 Wood Avenue South, Iselin, NJ 08830, and Catalyst Operating, a series of Catalyst Emerging Business Advisors, LLC, a Delaware Series LLC (“Catalyst”) having a principal place of business at 25 Metro Dr. Ste. 525, San Jose, CA 95110.
Flextronics Infrastructure Manufacturing Services AgreementServices Agreement • August 26th, 2013 • Violin Memory Inc • Computer storage devices • California
This Flextronics Manufacturing Services Agreement (“Agreement”) is entered into this 13th of May, 2011 by and between Violin Memory, Inc. having its place of business at 685 Clyde Avenue, Mountain View, CA 94043, (“Customer”) and Flextronics Telecom Systems, Ltd., having its place of business at Level 3, Alexander House, 35 Cybercity, Ebene, Mauritius (“Flextronics”).
INDEMNIFICATION AGREEMENTIndemnification Agreement • August 26th, 2013 • Violin Memory Inc • Computer storage devices • Delaware
THIS INDEMNIFICATION AGREEMENT (this “Agreement”) dated as of (the “Effective Date”) is made by and between Violin Memory, Inc., a Delaware corporation (the “Company”), and (“Indemnitee”).
Mr. Dixon Doll, Jr. Dear Dixon:Stock Purchase Agreement • August 26th, 2013 • Violin Memory Inc • Computer storage devices • California
Confidential Treatment Requested. Confidential portions of this document have been redacted and have been separately filed with the commission. PCIe Card Development Agreement Between Toshiba Corporation And Violin Memory, Inc.Pcie Card Development Agreement • September 16th, 2013 • Violin Memory Inc • Computer storage devices • California
This Agreement (“Agreement”) is entered into and is effective as of July 16, 2013 (the “Effective Date”), by and between Violin Memory, Inc. having its principal place of business at 685 Clyde Avenue, Mountain View, CA 94043, USA (hereinafter called “Violin”), and Toshiba Corporation having its principal place of business at 1-1 Shibaura 1-Chome, Shibaura, Minato-ku, Tokyo 105-8001, Japan (hereinafter called “Toshiba”).
WARRANT TO PURCHASE SERIES D PREFERRED STOCK OF VIOLIN MEMORY, INC.Violin Memory Inc • August 26th, 2013 • Computer storage devices • California
This certifies that Toshiba America Electronic Components, Inc., or permitted assigns (collectively, the “Holder”), for value received, is entitled to purchase, at an exercise price of $0.01 per share, from Violin Memory, Inc., a Delaware corporation (the “Company”), up to that number of fully paid and nonassessable Warrant Shares, equal to the quotient obtained in accordance with the following calculation:
PROFESSIONAL SERVICES AGREEMENTProfessional Services Agreement • November 1st, 2012 • Violin Memory Inc • Computer storage devices • California
This Professional Services Agreement (“Agreement”) is made as of this December 31st, 2011 (“Effective Date”) between BizzBlizz, Inc. (“BizzBlizz”) a Utah corporation having a principal place of business at P.O. Box 250 Orem Ut 84057 and Violin Memory Inc. (“Client”), having a place of business at 685 Clyde Ave. Mountain View, CA 94043. Collectively BizzBlizz and Client shall be known as the “Parties”.
SETTLEMENT AGREEMENT AND GENERAL RELEASESettlement Agreement and General Release • August 7th, 2014 • Violin Memory Inc • Computer storage devices • California
This Settlement Agreement and General Release (this “Agreement”) is entered into between (a) GCA Savvian Advisors, LLC (“GCA Savvian” or “Plaintiff”), and (b) Violin Memory, Inc. (“Violin Memory” or “Defendant”) (collectively with Plaintiff, the “Parties”).1 Subject to the terms and conditions expressly provided herein, this Agreement is intended to fully, finally and forever compromise, settle, release, resolve, and dismiss with prejudice all claims asserted in the Action.
EMPLOYMENT AGREEMENTEmployment Agreement • August 26th, 2013 • Violin Memory Inc • Computer storage devices • California
AGREEMENT, dated as of May 3, 2012, between Violin Memory, Inc., a Delaware corporation (the “Company”), and Dr. Donald G. Basile (the “Executive”).
SETTLEMENT AGREEMENT AND RELEASESettlement Agreement and Release • April 16th, 2014 • Violin Memory Inc • Computer storage devices • California
SETTLEMENT AGREEMENT AND RELEASE (“Agreement”) made as of this 11th day of April, 2014, by and between Dr. Donald G. Basile (“Basile”) and Violin Memory, Inc., a Delaware corporation (“Violin”).
SILICON VALLEY BANK CREDIT AGREEMENTCredit Agreement • October 30th, 2014 • Violin Memory Inc • Computer storage devices • California
THIS CREDIT AGREEMENT (this “Agreement”), dated as of October 24, 2014, is entered into by and among VIOLIN MEMORY, INC., a Delaware corporation (the “Borrower”), certain Subsidiaries of the Borrower that have become co-borrowers hereunder pursuant to the delivery of Subsidiary Borrower Joinder Agreements in accordance with Section 6.12(b) (each a “Subsidiary Borrower” and, collectively, the “Subsidiary Borrowers” and, together with the Borrower, each a “Co-Borrower” and, collectively, the “Co-Borrowers”), the banks and other financial institutions or entities from time to time parties to this Agreement (each a “Lender” and, collectively, the “Lenders”), and SILICON VALLEY BANK (“SVB”), as administrative agent and collateral agent for the Lenders (in such capacity, the “Administrative Agent”).
April 4, 2016 Violin Memory, Inc. Santa Clara, CA 95054 Attn: Cory J. Sindelar, Chief Financial OfficerLetter Agreement • April 6th, 2016 • Violin Memory Inc • Computer storage devices • California
Re: Amendment Agreement (this “Letter Agreement”) relating to that certain Credit Agreement, dated as of October 24, 2014, among Violin Memory, Inc., a Delaware corporation (the “Borrower”), the sole Lender named therein as a party thereto, and Silicon Valley Bank, a California corporation, in its capacity as administrative agent for such sole Lender (in such capacity, the “Administrative Agent”) (as amended prior to the date hereof, the “Credit Agreement”, the terms defined therein and not otherwise defined herein being used herein as therein defined).
INTELLECTUAL PROPERTY SECURITY AGREEMENTIntellectual Property Security Agreement • August 26th, 2013 • Violin Memory Inc • Computer storage devices
This Intellectual Property Security Agreement is entered into as of July 18, 2013, between COMERICA BANK (“Bank”) and VIOLIN MEMORY, INC., a Delaware corporation (“Grantor”).
Separation AgreementSeparation Agreement • April 16th, 2014 • Violin Memory Inc • Computer storage devices • California
This Separation Agreement (“Agreement”) is made by and between Dixon R. Doll, Jr., an individual (the “Employee”) and Violin Memory, Inc. (the “Company”), and effective seven calendar days after the date this Agreement is signed by the Employee (“Effective Date”). The Employee must sign and return this Agreement within twenty-one (21) days of his receipt of this Agreement (but not before the Separation Date (defined below)), and not revoke the Agreement to be eligible for the severance benefits described below.
December 4, 2011 Cory Sindelar Dear Cory,Violin Memory Inc • July 26th, 2013 • Computer storage devices
We are pleased to offer you employment as a CFO at Violin Memory, Inc, “the Company”. Your date of hire will be December 19, 2011. Conditioned upon your joining Violin as an employee on December 19, 2011, this letter sets forth the terms of your employment.
AGREEMENTAgreement • October 1st, 2014 • Violin Memory Inc • Computer storage devices • California
THIS AGREEMENT (the “Agreement”), made effective as of September 16, 2014, by and between Violin Memory, Inc. (the “Company”), and Kevin A. DeNuccio, the President and Chief Executive Officer of the Company (“Executive”).
VIOLIN MEMORY, INC. LOAN AND SECURITY AGREEMENTViolin Memory Inc • August 26th, 2013 • Computer storage devices • California
This LOAN AND SECURITY AGREEMENT (this “Agreement”) is entered into as of July 18, 2013 between Comerica Bank (“Bank”) and Violin Memory, Inc. (“Borrower”).
May 21, 2015 Violin Memory, Inc. Santa Clara, CA 95054 Attn: Corey J. Sindelar, Chief Financial OfficerCredit Agreement • May 26th, 2015 • Violin Memory Inc • Computer storage devices • California
Re: Amendment letter agreement (this “Amendment”) relating to that certain Credit Agreement, dated as of October 24, 2014, among Violin Memory, Inc., a Delaware corporation (the “Borrower”), the sole Lender named therein as a party thereto, and Silicon Valley Bank, a California corporation, in its capacity as administrative agent for such sole Lender (in such capacity, the “Administrative Agent”) (as amended prior to the date hereof, the “Credit Agreement”, the terms defined therein and not otherwise defined herein being used herein as therein defined).
INTELLECTUAL PROPERTY SECURITY AGREEMENTIntellectual Property Security Agreement • July 26th, 2013 • Violin Memory Inc • Computer storage devices
This Intellectual Property Security Agreement is entered into as of July 18, 2013, between COMERICA BANK (“Bank”) and VIOLIN MEMORY, INC., a Delaware corporation (“Grantor”).
FORM OF SUBORDINATION AGREEMENTForm of Subordination Agreement • August 26th, 2013 • Violin Memory Inc • Computer storage devices • California
This Subordination Agreement (this “Agreement”) is made as of [Date] by and among each of the undersigned creditors (individually, a “Creditor” and, collectively, the “Creditors”), and Comerica Bank (“Bank”).
PLAIN ENGLISH INTELLECTUAL PROPERTY SECURITY AGREEMENTPlain English Intellectual Property Security Agreement • September 16th, 2013 • Violin Memory Inc • Computer storage devices • California
This is a Plain English Intellectual Property Security Agreement dated as of May 13, 2013 by and between TRIPLEPOINT CAPITAL LLC, a Delaware limited liability company and VIOLIN MEMORY, INC., a Delaware corporation.
May 1, 2015 Mr. Said Ouissal Palo Alto, CA 94306 Dear Said:Violin Memory Inc • May 13th, 2015 • Computer storage devices
Violin Memory, Inc., “the Company” is pleased to offer you a promotion to the role of; Senior Vice President, Worldwide Field Operations, of the Company on the terms described below in this Letter Agreement.
PLAIN ENGLISH INTELLECTUAL PROPERTY SECURITY AGREEMENTPlain English Intellectual Property Security Agreement • July 26th, 2013 • Violin Memory Inc • Computer storage devices • California
This is a Plain English Intellectual Property Security Agreement dated as of May 13, 2013 by and between TRIPLEPOINT CAPITAL LLC, a Delaware limited liability company and VIOLIN MEMORY, INC., a Delaware corporation.
March 22, 2016 Mr. Ebrahim Abbasi Dear Ebrahim:Letter Agreement • March 28th, 2016 • Violin Memory Inc • Computer storage devices
This Letter Agreement confirms your promotion to the position of Chief Operating Officer (COO) of Violin Memory, Inc. (Company) which the Company’s Board of Directors has determined is an executive officer position for purposes of Securities and Exchange Commission reporting.
