ContractSubscription Agreement • March 13th, 2001 • Centura Software Corp • Services-prepackaged software • New York
THIS WARRANT AND THE SHARES OF COMMON STOCK ISSUABLE UPON EXERCISE HEREOF HAVE NOT BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACT"), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT.
SUBSCRIPTION AGREEMENTSubscription Agreement • March 13th, 2001 • Centura Software Corp • Services-prepackaged software • New York
This SUBSCRIPTION AGREEMENT (the "Agreement"), dated as of March 9, 2001, has been executed by the undersigned (the "Subscriber") in connection with the offering and sale (the "Offering") of (i) up to 11,000 shares (of which 2,000 shares shall be the "Initial Shares", up to 3,000 shares, as determined pursuant to Section 1.1A, shall be the "Registration Shares" and 6,000 shares shall be the "Call Shares") of Series B Cumulative Convertible Preferred Stock, par value $0.01 per share (the "Preferred Stock"), of Centura Software Corporation, a Delaware corporation (the "Company"), for a purchase price of $1,000 per share, convertible into shares of common stock, par value $0.01 per share, of the Company (the "Common Stock"), and possessing such other rights and preferences as are set forth in the Certificate of Designations, Preferences and Rights of the Preferred Stock, attached hereto as EXHIBIT A and filed with the Secretary of State of the State of Delaware on or prior to the date her
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 13th, 2001 • Centura Software Corp • Services-prepackaged software • New York
This REGISTRATION RIGHTS AGREEMENT (this "Registration Rights Agreement") entered into as of March 9, 2001, by and among the Subscriber set forth on the signature page hereof (the "Subscriber") and Centura Software Corporation, a Delaware corporation (the "Company").
