Lease Term: Beginning on the Commencement Date and ending on the last day of the 60th full calendar month thereafter.Lease Agreement • November 12th, 1999 • Network Peripherals Inc • Computer communications equipment
COMMON STOCKNetwork Peripherals Inc • February 8th, 2000 • Computer communications equipment • New York
RECITALSModification Agreement • March 31st, 1998 • Network Peripherals Inc • Computer communications equipment • California
Exhibit 10.43 Salary Continuation Agreement with Wilson Cheung AMENDED AND RESTATED SALARY CONTINUATION AGREEMENT This Amended and Restated Salary Continuation Agreement (the "Agreement") is made and entered into as of January 13, 1999 (the "Effective...Continuation Agreement • March 22nd, 1999 • Network Peripherals Inc • Computer communications equipment • California
FALCONSTOR SOFTWARE, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • July 27th, 2021 • Falconstor Software Inc • Services-prepackaged software • New York
Falconstor Software, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to Roth Capital Partners, LLC (the “Underwriter” or “Roth Capital”), an aggregate of 285,000 authorized but unissued shares (the “Firm Shares”) of common stock, par value $0.001 per share (the “Common Stock”), of the Company. The Company also proposes to sell to Roth Capital, upon the terms and conditions set forth in Section 4 hereof, up to an additional 42,750 shares of Common Stock (the “Option Shares”). The Firm Shares and the Option Shares are hereinafter collectively referred to as the “Shares”.
EXHIBIT 99.1 STOCK PURCHASE AGREEMENT By and Among IP Metrics Software, Inc. David Wilbanks, Brett Dolecheck, Mike Reyero, Mark Coker, FalconStor AC, Inc.Stock Purchase Agreement • August 13th, 2002 • Falconstor Software Inc • Services-prepackaged software • New York
BETWEENAgreement of Lease • March 27th, 2002 • Falconstor Software Inc • Computer communications equipment • New York
Exhibit 10.3 FALCONSTOR SOFTWARE, INC. EMPLOYMENT AGREEMENT Employee: ReiJane Huai EMPLOYMENT AGREEMENT made this 1st day of September, 2001 (hereinafter referred to as "Employment Agreement"), by FalconStor Software, Inc., a Delaware corporation...Employment Agreement • March 27th, 2002 • Falconstor Software Inc • Computer communications equipment • New York
EXHIBIT 10.47 SALARY CONTINUATION AGREEMENT This Salary Continuation Agreement (the "Agreement") is made and entered into as of June 21, 1999 (the "Effective Date"), by and between Network Peripherals Inc., a Delaware corporation (the "Company"), and...Salary Continuation Agreement • January 28th, 2000 • Network Peripherals Inc • Computer communications equipment • California
RECITALSSecond Modification Agreement • March 31st, 1998 • Network Peripherals Inc • Computer communications equipment • California
FORM OF PURCHASE AGREEMENTForm of Purchase Agreement • May 14th, 1997 • Network Peripherals Inc • Computer communications equipment • Delaware
Exhibit 10.1 FALCONSTOR SOFTWARE, INC. SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENT Employee: ReiJane Huai SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENT made this 7th day of November, 2005 (hereinafter referred to as this "Employment...Employment Agreement • November 8th, 2005 • Falconstor Software Inc • Services-prepackaged software • New York
RECITALSThird Modification Agreement • March 22nd, 1999 • Network Peripherals Inc • Computer communications equipment
AGREEMENT OF LEASE Made as of this 21st day of August, 2003, by and between HUNTINGTON QUADRANGLE 2, LLC, a New York general partnership having its principal office at 100 Jericho Quadrangle, Jericho, New York 11753, hereinafter referred to as...Agreement of Lease • November 14th, 2003 • Falconstor Software Inc • Services-prepackaged software
EXHIBIT 99.2 FALCONSTOR SOFTWARE, INC. LOCK-UP AGREEMENT As of October 18, 2002 To Whom It May Concern: Pursuant to an Agreement and Plan of Merger and Reorganization, dated as of May 4, 2001 (the "Agreement"), Empire Acquisition Corp., a wholly owned...Falconstor Software Inc • October 25th, 2002 • Services-prepackaged software
AGREEMENT FOR PURCHASE AND SALE OF ASSETS Among Network Peripherals Asia, Inc., Network Peripherals Inc. andAgreement for Purchase and Sale of Assets • August 11th, 1999 • Network Peripherals Inc • Computer communications equipment • California
SUN TECHNOLOGY ENTERPRISES, INC. DEVELOPMENT AND PURCHASE AGREEMENT This Agreement is made and entered into by and between Sun Microsystems, Inc., a Delaware corporation having its principal place of business at 2550 Garcia Avenue, Mountain View,...Development and Purchase Agreement • October 16th, 1998 • Network Peripherals Inc • Computer communications equipment • California
ANDCredit Agreement • March 25th, 1997 • Network Peripherals Inc • Computer communications equipment • California
June 1, 2000 Network Peripherals Inc. 2859 Bayview Drive Fremont, CA 94538 Gentlemen: This letter is to confirm that Wells Fargo Bank, National Association ("Bank"), subject to all terms and conditions contained herein, has agreed to make available to...Network Peripherals Inc • August 11th, 2000 • Computer communications equipment • California
Exhibit 10.41 Employment Agreement with William Rosenberger and subsequent amendment EMPLOYMENT AGREEMENT This Employment Agreement is made and entered into by and between Network Peripherals Inc., a Delaware Corporation (the "Company"), and William...Amended Employment Agreement • March 22nd, 1999 • Network Peripherals Inc • Computer communications equipment • California
Exhibit 10.1 FALCONSTOR SOFTWARE, INC. SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENT Employee: ReiJane Huai SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENT made this 7th day of November, 2005 (hereinafter referred to as this "Employment...Employment Agreement • August 9th, 2007 • Falconstor Software Inc • Services-prepackaged software • New York
EXHIBIT 10.21 January 3, 1997 Truman Cole 51 Hawthorn Drive Atherton, CA 94027 Dear Truman: This letter represents the agreement between you and Network Peripherals Inc. (the "Agreement") regarding your separation from the Company. 1. Termination a)...Network Peripherals Inc • March 25th, 1997 • Computer communications equipment
RECITALSAgreement and Plan of Merger and Reorganization • May 15th, 2001 • Network Peripherals Inc • Computer communications equipment • Delaware
AMENDED AND RESTATED TERM LOAN CREDIT AGREEMENTTerm Loan Credit Agreement • February 26th, 2018 • Falconstor Software Inc • Services-prepackaged software
EMPLOYMENT AGREEMENTEmployment Agreement • July 30th, 2015 • Falconstor Software Inc • Services-prepackaged software • New York
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is entered into this 24th day of July, 2015 by and between FalconStor Software, Inc., a Delaware corporation (the “Company” or “FalconStor”), and Gary Quinn (the “Employee”), whose address is 2 Pheasant Run, Old Field, NY 11733.
FALCONSTOR SOFTWARE, INC. WARRANTFalconstor Software Inc • February 26th, 2018 • Services-prepackaged software • Delaware
FALCONSTOR SOFTWARE, INC., a Delaware corporation (the “Company”), hereby certifies that, for value received, HCP-FVA, LLC or its registered assigns (the “Holder”), is entitled to purchase from the Company up to a total of 41,577,382 (subject to adjustment as provided herein) fully paid and non-assessable shares of common stock, $0.001 par value per share (the “Common Stock”), of the Company (each such share, a “Warrant Share” and all such shares, the “Warrant Shares”) at an exercise price equal to $0.001 per share (as adjusted from time to time as provided in Section 9, the “Exercise Price”), at any time and from time to time from and after the date hereof (the “Issuance Date”) and through and including February 23, 2028 (the “Expiration Date”), and subject to the following terms and conditions. This Warrant (this “Warrant”) is being issued pursuant to Section 12.1.19 of that certain Amended and Restated Term Loan Credit Agreement, dated as of February 23, 2018 (the “Loan Agreement”),
CHANGE IN CONTROL SEVERANCE AGREEMENTChange in Control Severance Agreement • October 11th, 2016 • Falconstor Software Inc • Services-prepackaged software • Delaware
This CHANGE IN CONTROL SEVERANCE AGREEMENT (this “Agreement”) is made and entered into as of the 5th day of October, 2016 (the “Effective Date”), by and between FalconStor Software, Inc., a Delaware corporation (the “Company”), and DANIEL MURALE (“Key Employee”).
Option AgreementOption Agreement • June 22nd, 2001 • Network Peripherals Inc • Computer communications equipment • Delaware
Exhibit 10-50 Amended Employment Agreement with William Rosenberger (REPRINT OF ORIGINAL) AMENDED EMPLOYMENT AGREEMENT This Amended Employment Agreement (the "Agreement"), effective as of October 20, 1998, entered into by and between Network...Employment Agreement • May 10th, 2000 • Network Peripherals Inc • Computer communications equipment
Exhibit 10-51 Lease Agreement with Fortunato Development This RIDER "D" dated March 30, 2000 annexed to and forming a part of the Lease Agreement dated June 30, 1997, by and between Fortunato Development, Inc. (hereinafter referred to as Landlord) and...Lease Agreement • May 10th, 2000 • Network Peripherals Inc • Computer communications equipment
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 20th, 2017 • Falconstor Software Inc • Services-prepackaged software • New York
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”), dated as of November 17, 2017, among: (a) FALCONSTOR SOFTWARE, INC., a Delaware corporation (“Borrower” or the “Company”), (b) the other Loan Parties from time to time party hereto and (c) HCP-FVA, LLC, a Delaware limited liability company (together with its successors and assigns, “Lender”), provides the terms on which Lender shall lend to Borrower and Borrower shall repay Lender. The parties agree as follows:
SETTLEMENT AGREEMENT AND RELEASESettlement Agreement and Release • June 12th, 2014 • Falconstor Software Inc • Services-prepackaged software • New York
Settlement Agreement and Release (“Agreement”) made as of the date set forth below, by and between FALCONSTOR SOFTWARE, INC., a Delaware corporation having offices at 2 Huntington Quadrangle, Melville, New York 11747 (“FalconStor”), and SHU-WEN HUAI, EXECUTOR OF THE ESTATE OF REIJANE HUAI, DECEASED (the “Estate”, and collectively, the “Parties”).
SEPARATION AND TRANSITION AGREEMENT AND GENERAL RELEASESeparation and Transition Agreement • April 11th, 2018 • Falconstor Software Inc • Services-prepackaged software • New York
In return for the mutual promises in this Separation and Transition Agreement and General Release (the “Agreement”), FALCONSTOR SOFTWARE, INC. (the “Company”), 823 Congress Ave, Suite 1300, Austin, Texas 78701, its predecessor companies, and its and their respective stockholders, affiliates, subsidiaries, divisions, successors and assigns and the current and former employees, officers, directors and agents thereof (collectively referred to throughout this Agreement as “Employer”), and PATRICK MCCLAIN, his heirs, executors, administrators, successors, and assigns (collectively referred to throughout this Agreement as “You”), agree as follows:
SEPARATION AGREEMENT AND GENERAL RELEASE (“AGREEMENT”)Separation Agreement and General Release • August 17th, 2017 • Falconstor Software Inc • Services-prepackaged software • New York
In return for the mutual promises in this Agreement, FalconStor Software, Inc. (the “Company”), 2 Huntington Quadrangle, Melville, NY 11747, its predecessor companies, and its and their respective stockholders, affiliates, subsidiaries, divisions, successors and assigns and the current and former employees, officers, directors and agents thereof (collectively referred to throughout this Agreement as “Employer”), and Todd Oseth, his heirs, executors, administrators, successors, and assigns (collectively referred to throughout this Agreement as “You”), agree as follows:
SUBSCRIPTION AGREEMENT FOR ACCREDITED INVESTORS FALCONSTOR SOFTWARE, INC.Subscription Agreement • October 11th, 2018 • Falconstor Software Inc • Services-prepackaged software
THE UNITS, INCLUDING THE SHARES OF SERIES A CONVERTIBLE PREFERRED STOCK AND FINANCING WARRANTS COMPRISING SUCH UNITS AND THE SHARES OF COMMON STOCK ISSUABLE UPON THE CONVERSION OR EXERCISE OF SUCH SECURITIES, AS APPLICABLE (THE “UNIT COMPONENTS”), OFFERED HEREBY HAVE NOT BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”). ANY SALE OF UNITS AND UNIT COMPONENTS IS MADE IN RELIANCE UPON EXEMPTIONS FROM REGISTRATION AND QUALIFICATION AS PROVIDED IN THE SECURITIES ACT AND APPLICABLE STATE LAW. THE UNITS AND UNIT COMPONENTS HAVE NOT BEEN APPROVED OR DISAPPROVED BY THE SECURITIES AND EXCHANGE COMMISSION, OR ANY STATE SECURITIES COMMISSION OR OTHER REGULATORY AUTHORITY, NOR HAS ANY AUTHORITY PASSED UPON OR ENDORSED THE MERITS OF THIS OFFERING OR THE ACCURACY OR ADEQUACY OF THIS SUBSCRIPTION AGREEMENT. ANY REPRESENTATION TO THE CONTRARY IS UNLAWFUL.
