ARTICLE 1 ESTABLISHMENT OF ESCROWEscrow Agreement • December 4th, 2002 • BMC Software Inc • Services-prepackaged software • Delaware
ARTICLE II REPRESENTATIONS AND WARRANTIES OF BOOLEAgreement and Plan of Reorganization • November 6th, 1998 • BMC Software Inc • Services-prepackaged software • Delaware
RECITALSExecutive Employment Agreement • November 2nd, 2004 • BMC Software Inc • Services-prepackaged software • Texas
FOURTH AMENDMENT TO DISTRIBUTION AGREEMENT DATED OCTOBER 28, 1994 AS AMENDED ON APRIL 24, 1997, OCTOBER 31, 1997 AND MARCH , 1999Letter Agreement • March 18th, 1999 • BMC Software Inc • Services-prepackaged software
DATED AS OFCredit Agreement • April 28th, 1999 • BMC Software Inc • Services-prepackaged software • Texas
Exhibit 10.15 RESTRICTED STOCK AGREEMENT AGREEMENT made as of the , 2004, between BMC SOFTWARE, INC., a Delaware corporation (the "Company"), and ("Executive"). 1. AWARD. Pursuant to the BMC SOFTWARE, INC. 1994 EMPLOYEE INCENTIVE PLAN (the "Plan"), as...Restricted Stock Agreement • November 2nd, 2004 • BMC Software Inc • Services-prepackaged software • Texas
FORM OF AMENDMENT NO. 2 TO EXECUTIVE EMPLOYMENT AGREEMENTEmployment Agreement • June 18th, 2003 • BMC Software Inc • Services-prepackaged software
WITNESSETHShareholder Agreement • March 18th, 1999 • BMC Software Inc • Services-prepackaged software • Delaware
RECITALS:Acquisition Agreement • December 4th, 2002 • BMC Software Inc • Services-prepackaged software • Delaware
RECITALS:BMC Software Inc • June 1st, 2000 • Services-prepackaged software • Delaware
BMC SOFTWARE, INC. AMENDMENT TO RIGHTS AGREEMENT -2-Rights Agreement • June 30th, 1997 • BMC Software Inc • Services-prepackaged software • Delaware
BMC Software, Inc. and Computershare Trust Company, N.A. Rights Agreement Dated as of May 12, 2012Rights Agreement • May 14th, 2012 • BMC Software Inc • Services-prepackaged software • Delaware
Agreement, dated as of May 12, 2012, between BMC Software, Inc., a Delaware corporation (the “Company”), and Computershare Trust Company, N.A., a federally chartered trust company as rights agent (the “Rights Agent”).
EXHIBIT 10.7(d) FORM OF AMENDMENT NO. 3 TO EXECUTIVE EMPLOYMENT AGREEMENT This Amendment No. 3 to Executive Employment Agreement (this "Amendment") is made as of November 1, 2003 (the "Amendment Date"), by and between BMC Software, Inc., a Delaware...Executive Employment Agreement • June 14th, 2004 • BMC Software Inc • Services-prepackaged software
1 EXHIBIT A AGREEMENT OF MERGER AGREEMENT OF MERGER ("Agreement"), dated as of May 22, 2000, by and among BMC Software, Inc., a Delaware corporation ("BMC"), Hansen Acquisitions Ltd., an Israeli corporation and a wholly owned subsidiary of BMC...Agreement of Merger • June 1st, 2000 • BMC Software Inc • Services-prepackaged software • Delaware
EXHIBIT 10.4 DEBTOR IN POSSESSION CREDIT AGREEMENTBMC Software Inc • November 12th, 2002 • Services-prepackaged software • Delaware
Exhibit 10.14 NONSTATUTORY STOCK OPTION AGREEMENT This Nonstatutory Stock Option Agreement is made as of , between BMC Software, Inc., a Delaware corporation (the "Company"), and ("Executive"). To carry out the purposes of the BMC Software, Inc. 1994...Nonstatutory Stock Option Agreement • November 2nd, 2004 • BMC Software Inc • Services-prepackaged software • Texas
RECITALSEmployment Agreement • August 14th, 2000 • BMC Software Inc • Services-prepackaged software • Texas
BMC SOFTWARE, INC.Underwriting Agreement • February 13th, 2012 • BMC Software Inc • Services-prepackaged software • New York
The Notes will be issued pursuant to an indenture, to be dated as of February 13, 2012 (the “Base Indenture”), between the Company and Wells Fargo Bank, National Association, as trustee (the “Trustee”). Certain terms of the Notes will be established pursuant to a supplemental indenture, to be dated as of February 13, 2012 (the “Supplemental Indenture”) to the Base Indenture (together with the Base Indenture, the “Indenture”). The Notes will be issued in book-entry form in the name of Cede & Co., as nominee of The Depository Trust Company (the “Depositary”), pursuant to a Letter of Representations, to be dated on or before the Closing Date (as defined in Section 2 below) (the “DTC Agreement”), among the Company, the Trustee and the Depositary.
RECITALSExecutive Employment Agreement • June 14th, 2004 • BMC Software Inc • Services-prepackaged software • Texas
ARTICLE 1.Voting Agreement • November 6th, 1998 • BMC Software Inc • Services-prepackaged software • Delaware
SETTLEMENT AND RELEASE AGREEMENT This SETTLEMENT AND RELEASE AGREEMENT ("AGREEMENT") is entered into as of the date last signed below by and between YOSSIE HOLLANDER, an individual ("HOLLANDER"), NEW DIMENSION SOFTWARE LTD., an Israeli corporation and...Settlement and Release Agreement • March 11th, 1999 • BMC Software Inc • Services-prepackaged software
STOCK OPTION AGREEMENT -1- 2Stock Option Agreement • June 1st, 2000 • BMC Software Inc • Services-prepackaged software • Delaware
THIRD AMENDMENTDistribution Agreement • March 18th, 1999 • BMC Software Inc • Services-prepackaged software
RECITALSExecutive Employment Agreement • June 14th, 2001 • BMC Software Inc • Services-prepackaged software • Texas
FORM OF AMENDMENT NO. 4 TO EXECUTIVE EMPLOYMENT AGREEMENTEmployment Agreement • June 14th, 2004 • BMC Software Inc • Services-prepackaged software
BMC SOFTWARE, INC.Underwriting Agreement • November 16th, 2012 • BMC Software Inc • Services-prepackaged software • New York
Introductory. BMC Software, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule A (the “Underwriters”), acting severally and not jointly, the respective amounts set forth in such Schedule A of $300,000,000 aggregate principal amount of the Company’s 4.50% Notes due 2022 (the “Notes”). Barclays Capital Inc. and Merrill Lynch, Pierce, Fenner & Smith Incorporated have agreed to act as representatives of the several Underwriters (in such capacity, the “Representatives”) in connection with the offering and sale of the Notes.
AMENDMENT NO. 5Employment Agreement • November 2nd, 2004 • BMC Software Inc • Services-prepackaged software
CREDIT AGREEMENT Dated as of November 21, 2012 among BMC SOFTWARE, INC., as the Borrower, BANK OF AMERICA, N.A., as Administrative Agent and Lender MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, as Sole Lead Arranger and Sole Book ManagerCredit Agreement • November 21st, 2012 • BMC Software Inc • Services-prepackaged software • New York
This CREDIT AGREEMENT (“Agreement”) is entered into as of November 21, 2012, among BMC SOFTWARE, INC., a Delaware corporation (the “Borrower”), BANK OF AMERICA, N.A., as Administrative Agent and initial Lender and each additional lender from time to time party hereto (collectively with Bank of America, N.A. in its capacity as a Lender, the “Lenders” and individually, a “Lender”).
EXHIBIT 10.8(b) NONEMPLOYEE DIRECTOR STOCK OPTION AGREEMENT AGREEMENT made as of the _______ day of ___________, 20____, between BMC SOFTWARE, INC., a Delaware corporation (the "Company"), and _______________________________ ("Director"). To carry out...Stock Option Agreement • June 18th, 2003 • BMC Software Inc • Services-prepackaged software • Texas
RELEASERelease • March 11th, 1999 • BMC Software Inc • Services-prepackaged software
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • April 8th, 2013 • BMC Software Inc • Services-prepackaged software • Texas
This Executive Employment Agreement (this “Agreement”) is made as of December 19, 2011 (the “Effective Date”), by and between BMC Software, Inc., a Delaware corporation (the “Employer”), and Paul Avenant (the “Executive”). The Employer and the Executive are each a “party” and are together “parties” to this Agreement.
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • April 11th, 2008 • BMC Software Inc • Services-prepackaged software • Texas
This Employment Agreement (this “Agreement”) is made as of April 11, 2008, by and between BMC Software, Inc., a Delaware corporation (the “Employer”), and Dev Ittycheria (the “Executive”). The Employer and the Executive are each a “party” and are together “parties” to this Agreement.
CREDIT AGREEMENT Dated as of November 30, 2010 among BMC SOFTWARE, INC., as the Borrower, BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, JPMORGAN CHASE BANK N.A. as Syndication Agent BARCLAYS BANK PLC, DEUTSCHE BANK...Credit Agreement • February 3rd, 2011 • BMC Software Inc • Services-prepackaged software • New York
This CREDIT AGREEMENT (“Agreement”) is entered into as of November 30, 2010, among BMC SOFTWARE, INC., a Delaware corporation (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer.
Amendment to Executive Employment AgreementExecutive Employment Agreement • May 3rd, 2010 • BMC Software Inc • Services-prepackaged software
This Amendment (the "Amendment") to Executive Employment Agreement is entered into and is effective as of April 27, 2010, by and between William Miller, an individual (the "Executive") and BMC Software, Inc., a Delaware corporation (the "Employer"). The Employer and Executive are each a "party" and are together "parties" to this Amendment.
AGREEMENT AND PLAN OF MERGER by and among BMC SOFTWARE, INC. BENGAL ACQUISITION CORPORATION and BLADELOGIC, INC. Dated as of March 17, 2008Agreement and Plan of Merger • March 18th, 2008 • BMC Software Inc • Services-prepackaged software • Delaware
AGREEMENT AND PLAN OF MERGER (the “Agreement”), dated as of March 17, 2008, by and among BMC Software, Inc., a Delaware corporation (“Parent”), Bengal Acquisition Corporation, a Delaware corporation and a wholly-owned subsidiary of Parent (“Purchaser”), and BladeLogic, Inc., a corporation organized under the laws of the State of Delaware (“Seller”).
