AMENDED AND RESTATED CREDIT AGREEMENT by and among RUBRIK, INC., as the Borrower, Certain Subsidiaries of the Borrower from time to time party hereto, as Guarantors, and The Lenders from time to time party hereto, GOLDMAN SACHS BDC, INC. as...Credit Agreement • April 1st, 2024 • Rubrik, Inc. • Services-prepackaged software • New York
THIS AMENDED AND RESTATED CREDIT AGREEMENT, dated as of August 17, 2023 (this “Agreement”), is among RUBRIK, INC., a Delaware corporation (the “Borrower”), the Subsidiaries from time to time party hereto as Guarantors (including any Guarantors designated in accordance with Section 8.10), the lenders from time to time party hereto (each a “Lender” and, collectively, the “Lenders”) and GOLDMAN SACHS BDC, INC., a Delaware corporation (“GS”), as the administrative agent for the Lenders (in such capacity, together with its successors and permitted assigns in such capacity, the “Administrative Agent”) and as collateral agent for the Secured Parties (as defined below) (in such capacity, together with its successors and permitted assigns in such capacity, the “Collateral Agent”, and together with the Administrative Agent, collectively, the “Agents” and each an “Agent”).
FIRST AMENDMENT TO SUBLEASESublease • April 1st, 2024 • Rubrik, Inc. • Services-prepackaged software
THIS FIRST AMENDMENT TO SUBLEASE (this “Amendment”) is made as of December 4, 2020 by and between Pivotal Software, Inc., a Delaware corporation (“Sublandlord”) and Rubrik, Inc., a Delaware corporation (“Subtenant”), with reference to the following facts and objectives:
Distribution Addendum to the OEM AgreementOem Agreement • April 1st, 2024 • Rubrik, Inc. • Services-prepackaged software
This addendum (“Addendum”) is entered into between Rubrik, Inc., a Delaware corporation having its principal place of business at 3495 Deer Creek Rd. Palo Alto, CA 94304 (“OEM”); and Super Micro Computer, Inc., a Delaware corporation having its principal place of business at 980 Rock Avenue, San Jose, CA 95131 (“Supplier”); as an addendum to the Original Equipment Manufacturer (OEM) Purchase Agreement by and between OEM and Supplier dated November 19, 2020 (“OEM Agreement”). This Addendum is hereby incorporated in the OEM Agreement by this reference as if fully set forth therein and forms a part of the OEM Agreement. This Addendum is effective as of the last signature date below (“Addendum Effective Date”). Either Party may terminate this Addendum for convenience upon [***] prior written notice to the other Party.
RUBRIK, INC. AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT December 7, 2018Investors’ Rights Agreement • April 1st, 2024 • Rubrik, Inc. • Services-prepackaged software • California
This AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (the “Agreement”) is made as of the 7th day of December, 2018 by and among Rubrik, Inc., a Delaware corporation (the “Company”), the investors listed on Schedule A hereto, each of which is herein referred to as an “Investor” and collectively as the “Investors”, and the holders of Common Stock (as defined below) listed on Schedule B hereto, each of which is herein referred to as a “Common Holder” and collectively as the “Common Holders”.
SUBLEASE BETWEEN PIVOTAL SOFTWARE, INC. AND RUBRIK, INC. 3495 Deer Creek Road Palo Alto, California Suites 100 and 200Rubrik, Inc. • April 1st, 2024 • Services-prepackaged software
Original Equipment Manufacturer (OEM) Purchase AgreementPurchase Agreement • April 1st, 2024 • Rubrik, Inc. • Services-prepackaged software • California
This Original Equipment Manufacturer (OEM) Purchase Agreement (“Agreement”) is made and entered into by and between SUPER MICRO COMPUTER INC. (“Supplier”), a Delaware corporation having its principal place of business at 980 Rock Avenue, San Jose, CA 95131 and RUBRIK, INC. (“OEM”), a Delaware corporation having its principal place of business at 1001 Page Mill Road, Building 2, Palo Alto, CA, 94304, United States.
RUBRIK, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • April 1st, 2024 • Rubrik, Inc. • Services-prepackaged software • Delaware
This Indemnification Agreement (this “Agreement”) is dated as of , and is between Rubrik, Inc., a Delaware corporation (together with its subsidiaries the “Company”), and (“Indemnitee”).
Class A Common Stock Underwriting AgreementUnderwriting Agreement • April 16th, 2024 • Rubrik, Inc. • Services-prepackaged software
Rubrik, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [ • ] shares (the “Firm Shares”) and, at the election of the Underwriters, up to [ • ] additional shares (the “Optional Shares”) of Class A Common Stock, par value $0.000025 per share (“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”).
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • June 2nd, 2023 • Rubrik, Inc. • Services-prepackaged software • New York
THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is entered into as of June 14, 2022 by and among Rubrik, Inc., a Delaware corporation (the “Borrower”), each of the Existing Lenders (as defined below), each of the Additional Lenders (as defined below), and Goldman Sachs BDC, Inc., as the administrative agent (the “Administrative Agent”) for the Lenders and as the collateral agent (the “Collateral Agent”) for the Secured Parties. Unless otherwise specified herein, capitalized terms used in this Amendment shall have the meanings ascribed to them in the Amended Credit Agreement (as defined below).
