APPDYNAMICS, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • December 28th, 2016 • Appdynamics Inc • Services-prepackaged software • Delaware
This Indemnification Agreement (this “Agreement”) is dated as of [ ], 20[ ], and is between AppDynamics, Inc., a Delaware corporation (the “Company”), and [name of indemnitee] (“Indemnitee”).
AppDynamics, Inc. Common Stock, par value $0.001 per share Underwriting AgreementUnderwriting Agreement • December 28th, 2016 • Appdynamics Inc • Services-prepackaged software • New York
AppDynamics, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) for who you are acting as representatives (the “Representatives”) an aggregate of [●] shares (the “Firm Shares”) and, at the election of the Underwriters, up to [●] additional shares (the “Optional Shares”) of Common Stock, par value $0.001 (“Stock”), of the Company (the Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof being collectively called the “Shares”).
ALLOCATION AGREEMENTAllocation Agreement • December 28th, 2016 • Appdynamics Inc • Services-prepackaged software • California
This Allocation Agreement (the “Agreement”) is made and entered into as of November 8, 2015, by and between AppDynamics, Inc., a Delaware corporation (the “Company”) and General Atlantic (AD), L.P. (the “Investor”). All capitalized terms not otherwise defined shall have the respective meanings ascribed thereto in Section 4.
APPDYNAMICS, INC. DIRECTOR AGREEMENTDirector Agreement • December 28th, 2016 • Appdynamics Inc • Services-prepackaged software
This DIRECTOR AGREEMENT, dated as of April 20, 2011 (this “Agreement”), is made and entered into by and between AppDynamics, Inc., a Delaware corporation (the “Company”), and Dev Ittycheria (the “Director”).
OFFICE LEASE KILROY REALTY 303 SECOND STREET KILROY REALTY 303, LLC, a Delaware limited liability company as Landlord, and APPDYNAMICS, INC., a Delaware corporation, as Tenant.Office Lease • December 28th, 2016 • Appdynamics Inc • Services-prepackaged software • California
This Office Lease (the “Lease”), dated as of the date set forth in Section 1 of the Summary of Basic Lease Information (the “Summary”), below, is made by and between KILROY REALTY 303, LLC, a Delaware limited liability company (“Landlord”), and APPDYNAMICS, INC., a Delaware corporation (“Tenant”).
December 14, 2016 Bhaskar Sunkara c/o AppDynamics, Inc. San Francisco, CA 94107 Re: Confirmatory Employment Letter Dear Bhaskar:Letter Agreement • December 28th, 2016 • Appdynamics Inc • Services-prepackaged software • California
This letter agreement (the “Agreement”) is entered into between Bhaskar Sunkara (“Employee” or “you”) and AppDynamics, Inc. (the “Company” or “we”). This Agreement is effective as of the date you sign this letter, as indicated below. The purpose of this letter is to confirm the current terms and conditions of your employment.
ContractAppdynamics Inc • December 28th, 2016 • Services-prepackaged software • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
TRANSITION, SEPARATION AND GENERAL RELEASE AGREEMENTTransition, Separation and General Release Agreement • December 28th, 2016 • Appdynamics Inc • Services-prepackaged software • California
This Transition, Separation and General Release Agreement (“Agreement”) is made by and between Joseph Sexton (“Employee”) and AppDynamics, Inc. (the “Company”) (collectively referred to as the “Parties” or individually referred to as a “Party”).
SENIOR LOAN AND SECURITY AGREEMENTSenior Loan and Security Agreement • December 28th, 2016 • Appdynamics Inc • Services-prepackaged software • Delaware
THIS SENIOR LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of February 12, 2014 (the “Effective Date”) between SILICON VALLEY BANK, a California corporation (“Bank”), and APPDYNAMICS, 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:
APPDYNAMICS, INC. SIXTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT November 8, 2015Investors’ Rights Agreement • December 28th, 2016 • Appdynamics Inc • Services-prepackaged software • California
This Sixth Amended and Restated Investors’ Rights Agreement (this “Agreement”) is made as of November 8, 2015, by and among AppDynamics, Inc., a Delaware corporation (the “Company”), and the persons and entities (each, an “Investor” and collectively, the “Investors”) listed on Exhibit A hereto. Unless otherwise defined herein, capitalized terms used in this Agreement have the meanings ascribed to them in Section 1.
COMMON STOCK PURCHASE AGREEMENTCommon Stock Purchase Agreement • December 28th, 2016 • Appdynamics Inc • Services-prepackaged software • California
This COMMON STOCK PURCHASE AGREEMENT (“Agreement”) is made as of [ ], 2017 (the “Effective Date”), by and between AppDynamics, Inc., a Delaware corporation (the “Company”), and [ ] (the “Investor”). All capitalized terms not otherwise defined shall have the respective meanings ascribed thereto in Section 1.
December 14, 2016 Randy Gottfried c/o AppDynamics, Inc. San Francisco, CA 94107 Re: Confirmatory Employment Letter Dear Randy:Participation Agreement • December 28th, 2016 • Appdynamics Inc • Services-prepackaged software • California
This letter agreement (the “Agreement”) is entered into between Randy Gottfried (“Employee” or “you”) and AppDynamics, Inc. (the “Company” or “we”). This Agreement is effective as of the date you sign this letter, as indicated below. The purpose of this letter is to confirm the current terms and conditions of your employment.
