WHEREAS EBY LTD. is the legal owner of the rights in and to the know-how and technology owned, as described in Appendix 1 attached to this Agreement and ---------- hereinafter to be known as the "Technology"; andShare Purchase Agreement • March 26th, 1997 • Mercury Interactive Corporation • Services-prepackaged software
EXHIBIT 1 AMENDMENT TO RIGHTS AGREEMENT THIS AMENDMENT TO RIGHTS AGREEMENT (this "Amendment") is made as of this 31st day of March, 1999 by and between MERCURY INTERACTIVE CORPORATION, a Delaware corporation (the "Company"), and CHASEMELLON...Rights Agreement • April 2nd, 1999 • Mercury Interactive Corporation • Services-prepackaged software
Exhibit 10.12 PURCHASE AND SALE AGREEMENT by and between WHSUM Real Estate Limited Partnership, a Delaware limited partnershipPurchase and Sale Agreement • March 29th, 2001 • Mercury Interactive Corporation • Services-prepackaged software • California
EXHIBIT 1 MERCURY INTERACTIVE CORPORATION AMENDMENT NO. TWO TO RIGHTS AGREEMENT THIS AMENDMENT NO. TWO TO RIGHTS AGREEMENT (this "Amendment No. Two") is made as of this 19th day of May, 2000 by and between MERCURY INTERACTIVE CORPORATION, a Delaware...Rights Agreement • May 22nd, 2000 • Mercury Interactive Corporation • Services-prepackaged software
Exhibit 10.26 February 26, 1998 Re: Change of Control Agreement Dear __________: As we have discussed, Mercury Interactive Corporation (the "Company") has agreed to extend certain benefits to you in the event your employment with the Company is...Mercury Interactive Corporation • March 31st, 1999 • Services-prepackaged software
INDEMNIFICATION AGREEMENTIndemnification Agreement • August 14th, 2003 • Mercury Interactive Corporation • Services-prepackaged software • Delaware
This indemnification Agreement (“Agreement”) is made as of this day of 200 , by and between Mercury Interactive Corporation, a Delaware corporation (the “Company”), and (“Indemnitee”).
REGISTRATION RIGHTS AGREEMENT Between MERCURY INTERACTIVE CORPORATION as Issuer, and UBS WARBURG LLC as Initial Purchaser Dated as of April 23, 2003Registration Rights Agreement • April 30th, 2003 • Mercury Interactive Corporation • Services-prepackaged software • New York
REGISTRATION RIGHTS AGREEMENT dated as of April 23, 2003 among Mercury Interactive Corporation, a Delaware corporation (the “Company”), and UBS Warburg LLC (the “Initial Purchaser”) pursuant to the Purchase Agreement dated April 23, 2003 (the “Purchase Agreement”), between the Company and the Initial Purchaser. In order to induce the Initial Purchaser to enter into the Purchase Agreement, the Company has agreed to provide the registration rights set forth in this Agreement.
Exhibit 4.3 Mercury Interactive Corporation 4.75% Convertible Subordinated Notes due July 1, 2007 Registration Rights Agreement -----------------------------Mercury Interactive Corporation • August 14th, 2000 • Services-prepackaged software • New York
EXHIBIT 10.1 TECHNOLOGY PURCHASE AGREEMENT ----------------------------- This Technology Purchase Agreement (the "Agreement") is entered into by and among the following: 1. DIXON SOFTWARE TECHNOLOGY, a company formed according to the laws of the...Technology Purchase Agreement • November 14th, 1997 • Mercury Interactive Corporation • Services-prepackaged software • California
EXHIBIT 10.13 SHARE EXCHANGE AGREEMENTRegistration Rights Agreement • March 22nd, 2000 • Mercury Interactive Corporation • Services-prepackaged software • California
AGREEMENT AND PLAN OF MERGER by and among HEWLETT-PACKARD COMPANY, MARS LANDING CORPORATION and MERCURY INTERACTIVE CORPORATION Dated as of July 25, 2006Agreement and Plan of Merger • July 25th, 2006 • Mercury Interactive Corp • Services-prepackaged software • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of July 25, 2006 by and among Hewlett-Packard Company, a Delaware corporation (“Parent”), Mars Landing Corporation, a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”), and Mercury Interactive Corporation, a Delaware corporation (the “Company”). All capitalized terms used in this Agreement shall have the respective meanings ascribed thereto in Article I hereof.
TENDER AND VOTING AGREEMENTTender and Voting Agreement • July 25th, 2006 • Mercury Interactive Corp • Services-prepackaged software • Delaware
THIS TENDER AND VOTING AGREEMENT (this “Agreement”) is made and entered into as of July 25, 2006 by and between Hewlett-Packard Company, a Delaware corporation (“Parent”), and the undersigned stockholder (the “Stockholder”) of Mercury Interactive Corporation, a Delaware corporation (the “Company”).
Zero Coupon Senior Convertible Notes due 2008Indenture • April 30th, 2003 • Mercury Interactive Corporation • Services-prepackaged software • New York
INDENTURE, dated as of April 29, 2003, between MERCURY INTERACTIVE CORPORATION, a corporation duly organized and existing under the laws of the State of Delaware, as Issuer (herein called the “Company”), having its principal office at 1325 Borregas Avenue, Sunnyvale, California 94089, and U.S. BANK NATIONAL ASSOCIATION, a national banking association duly organized and existing under the laws of the United States, as Trustee (herein called the “Trustee”).
dated as ofMerger Agreement • August 14th, 2001 • Mercury Interactive Corporation • Services-prepackaged software • California
ISSUER TOMercury Interactive Corporation • August 14th, 2000 • Services-prepackaged software • New York
Re: Amended and Restated Change of Control AgreementMercury Interactive Corp • December 21st, 2004 • Services-prepackaged software
Mercury Interactive Corporation (the “Company”) has agreed to extend certain benefits to you in the event your employment with the Company is terminated within eighteen months of a “Change of Control” of the Company. This letter sets out the terms of our agreement (the “Letter”). Capitalized terms are defined on Exhibit A, attached.
EMPLOYMENT AGREEMENTEmployment Agreement • March 16th, 2006 • Mercury Interactive Corp • Services-prepackaged software • California
EMPLOYMENT AGREEMENT (“Agreement”) effective as of March 16, 2006 by and between Mercury Interactive Corporation (the “Company”) and David Murphy (“Executive”).
AMENDMENT TO AGREEMENTAmendment to Agreement • February 2nd, 2006 • Mercury Interactive Corp • Services-prepackaged software
This Amendment to Agreement, which is effective as of January 27, 2006, shall amend the November 1, 2005 Agreement into by and between Mercury Interactive Corporation (“Mercury”) and Amnon Landan (“Landan”), a copy of which is attached hereto. Except as amended, the November 1, 2005 Agreement shall remain in full force and effect.
AGREEMENTAgreement • November 3rd, 2005 • Mercury Interactive Corp • Services-prepackaged software • California
This Agreement is entered into by and between Mercury Interactive Corporation (“Mercury”) and Doug Smith, the Chief Financial Officer of Mercury.
AMENDMENT NO. 1 TO THE AGREEMENT AND PLAN OF MERGERThe Agreement and Plan of Merger • August 9th, 2004 • Mercury Interactive Corp • Services-prepackaged software • Delaware
This AMENDMENT NO. 1 dated as of June 24, 2004 (the “Amendment”) to the Agreement and Plan of Merger dated as of May 12, 2004 (the “Merger Agreement”) among Appilog, Inc. (the “Company”), Appilog Logview Ltd., registered with the Israeli Registrar of Companies as Number 51-304272-1 and a wholly-owned subsidiary of the Company (the “Company Subsidiary”), Mercury Interactive Corporation, a Delaware corporation (“Parent”), Alaska Merger Corporation, a Delaware corporation and wholly-owned subsidiary of Parent (“Merger Sub”) and Amnon Shoham as the stockholders’ representative (the “Stockholders’ Representative”).
EMPLOYMENT AGREEMENTEmployment Agreement • March 14th, 2005 • Mercury Interactive Corp • Services-prepackaged software • California
EMPLOYMENT AGREEMENT made as of the 11th day of February 2005 by and between Mercury Interactive Corporation, a Delaware corporation (the “Corporation”), and Amnon Landan (the “Executive”).
AGREEMENT OF SUBLEASEAgreement of Sublease • March 14th, 2005 • Mercury Interactive Corp • Services-prepackaged software • California
THIS AGREEMENT OF SUBLEASE (this “Sublease”) is made and entered into this 28th day of February, 2005, by and between NETSCAPE COMMUNICATIONS CORPORATION, a Delaware corporation (hereinafter referred to as the “Sublandlord”), and MERCURY INTERACTIVE CORPORATION, a Delaware corporation (hereinafter referred to as the “Subtenant”).
AGREEMENTAgreement • November 3rd, 2005 • Mercury Interactive Corp • Services-prepackaged software • California
This Agreement is entered into by and between Mercury Interactive Corporation (“Mercury”) and Amnon Landan (“Landan”), the Chief Executive Officer of Mercury.
AGREEMENT AND PLAN OF MERGER BY AND AMONG MERCURY INTERACTIVE CORPORATION, SYSTINET CORPORATION, SHARK CORPORATION, AND WARBURG PINCUS PRIVATE EQUITY VIII, L.P., AS STOCKHOLDERS REPRESENTATIVE JANUARY 8, 2006Agreement and Plan of Merger • October 5th, 2006 • Mercury Interactive Corp • Services-prepackaged software • Delaware
This AGREEMENT AND PLAN OF MERGER, dated as of January 8, 2006 (this “Agreement”), is by and among Mercury Interactive Corporation, a Delaware corporation (“Mercury”), Systinet Corporation, a Delaware corporation (“Systinet”), Shark Corporation, a Delaware corporation and a wholly owned subsidiary of Mercury (“Merger Sub”), and Warburg Pincus Private Equity VIII, L.P., as a representative of Systinet’s stockholders (the “Stockholders Representative”).
Mercury Interactive Corporation 379 North Whisman Road Mountain View, California 94043 USA (650) 603-5200 August 17, 2006 Dear Stockholder:Mercury Interactive Corp • August 17th, 2006 • Services-prepackaged software
We are pleased to inform you that on July 25, 2006, Mercury Interactive Corporation (the "Company") entered into an Agreement and Plan of Merger (the "Merger Agreement") with Hewlett-Packard Company, a Delaware corporation ("Hewlett-Packard"), and Mars Landing Corporation, a Delaware corporation and a wholly-owned subsidiary of Hewlett-Packard ("Purchaser").
First Supplemental Indenture Dated as of October 26, 2005Indenture • October 28th, 2005 • Mercury Interactive Corp • Services-prepackaged software • New York
FIRST SUPPLEMENTAL INDENTURE, dated as of October 26, 2005 (the “First Supplemental Indenture”) between MERCURY INTERACTIVE CORPORATION, a corporation duly organized and existing under the laws of the State of Delaware, as Issuer (herein called the “Company”), having its principal office at 379 North Whisman Road, Mountain View, California 94043, and U.S. BANK NATIONAL ASSOCIATION, a national banking association duly organized and existing under the laws of the United States, as Trustee (herein called the “Trustee”).
EMPLOYMENT AGREEMENTEmployment Agreement • December 3rd, 2004 • Mercury Interactive Corp • Services-prepackaged software • California
EMPLOYMENT AGREEMENT (“Agreement”) dated as of December 1, 2004 (the “Effective Date”) by and between Mercury Interactive Corporation (the “Company”) and Anthony Zingale (“Executive”).
Amendment AgreementAgreement • December 2nd, 2005 • Mercury Interactive Corp • Services-prepackaged software • California
WHEREAS, the parties have entered into an Agreement executed October 31, 2005 between Optionee and the Company (the “Agreement”), attached hereto as Exhibit A;
Second Supplemental Indenture Dated as of May __, 2006Mercury Interactive Corp • May 4th, 2006 • Services-prepackaged software • New York
SECOND SUPPLEMENTAL INDENTURE, dated as of May __, 2006 (the “Second Supplemental Indenture”), between MERCURY INTERACTIVE CORPORATION, a corporation duly organized and existing under the laws of the State of Delaware, as Issuer (herein called the “Company”), having its principal office at 379 North Whisman Road, Mountain View, California 94043, and U.S. BANK NATIONAL ASSOCIATION, a national banking association duly organized and existing under the laws of the United States, as Trustee (herein called the “Trustee”).
EXHIBIT 10.16 Amended and Restated Employment Agreement This Agreement is entered into effective as of August 28, 2000, by and between Douglas P. Smith (the "Employee") and Mercury Interactive Corporation, a Delaware corporation (the "Company"). 1....Employment Agreement • March 29th, 2001 • Mercury Interactive Corporation • Services-prepackaged software • California
MERCURY INTERACTIVE CORPORATION AMENDMENT NO. THREE TO PREFERRED SHARES RIGHTS AGREEMENTPreferred Shares Rights Agreement • April 30th, 2003 • Mercury Interactive Corporation • Services-prepackaged software
THIS AMENDMENT NO. THREE TO THE PREFERRED SHARES RIGHTS AGREEMENT (this “Amendment No. Three”) is made as of this 23rd day of April, 2003 by and between MERCURY INTERACTIVE CORPORATION, a Delaware corporation (the “Company”), and CHASEMELLON SHAREHOLDER SERVICES, LLC, successor to WELLS FARGO BANK NATIONAL ASSOCIATION, a national bank association, as rights agent (the “Rights Agent”). Capitalized terms used in this Amendment No. Three and not otherwise defined herein shall have the meanings given to them in the Rights Agreement.
SECOND AMENDMENT TO AGREEMENTTo Agreement • August 1st, 2006 • Mercury Interactive Corp • Services-prepackaged software
This Second Amendment to Agreement, shall amend the November 1, 2005 Agreement, as previously amended by Amendment to Agreement, effective January 27, 2006, by and between Mercury Interactive Corporation (“Mercury”) and Amnon Landan (“Landan”), copies of which are attached hereto. Except as amended, the November 1, 2005 Agreement, as previously amended by Amendment to Agreement, effective January 27, 2006, shall remain in full force and effect.
AMENDED AND RESTATED REPLACES LETTER DATED OCTOBER 1, 2003 December 23, 2003Mercury Interactive Corporation • March 5th, 2004 • Services-prepackaged software
This letter, upon your signature, will be the agreement (this “Agreement”) between you and Mercury Interactive Corporation (“Mercury” or the “Company”) on the terms of the change in your employment status with Mercury.
First Supplemental Indenture Dated as of October 26, 2005Supplemental Indenture • October 28th, 2005 • Mercury Interactive Corp • Services-prepackaged software • New York
FIRST SUPPLEMENTAL INDENTURE, dated as of October 26, 2005 (the “First Supplemental Indenture”) between MERCURY INTERACTIVE CORPORATION, a corporation duly organized and existing under the laws of the State of Delaware, as Issuer (herein called the “Company”), having its principal office at 379 North Whisman Road, Mountain View, California 94043, and U.S. BANK NATIONAL ASSOCIATION, a national banking association duly organized and existing under the laws of the United States, as Trustee (herein called the “Trustee”).
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENTEmployment Agreement • June 21st, 2006 • Mercury Interactive Corp • Services-prepackaged software • California
AMENDMENT dated as of June 20, 2006 (this “Amendment”) to the Employment Agreement (“Agreement”) by and between Mercury Interactive Corporation, a Delaware corporation (the “Company”) and David Murphy (“Executive”).
