ContractFireEye, Inc. • June 27th, 2013 • Computer peripheral equipment, nec • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.
WARRANT TO PURCHASE STOCKFireEye, Inc. • June 27th, 2013 • Computer peripheral equipment, nec • California
THIS WARRANT CERTIFIES THAT, for the agreed upon value of $1.00 and for other good and valuable consideration, including, without limitation, the mutual promises contained in that certain Loan Modification Agreement of even date herewith (the “Loan Modification Agreement”) entered into by and among FIREEYE, INC. (the “Company”), the Gold Hill Lenders named therein (“Gold Hill”) and SILICON VALLEY BANK (the “Holder”), Holder is entitled to purchase the number of fully paid and non-assessable shares of the class of securities (the “Shares”) of the company (the “Company”) at the Warrant Price, all as set forth above and as adjusted pursuant to Article 2 of this Warrant, subject to the provisions and upon the terms and conditions set forth in this Warrant. The Loan and Security Agreement dated as of August 15, 2005, among the Holder, Gold Hill and the Company, as modified by the Loan Modification Agreement and as further amended or otherwise modified from time to time is hereinafter referr
WARRANT TO PURCHASE STOCKFireEye, Inc. • June 27th, 2013 • Computer peripheral equipment, nec • California
THIS WARRANT CERTIFIES THAT, for the agreed upon value of $1.00 and for other good and valuable consideration, including, without limitation, the mutual promises contained in that certain Loan Modification Agreement of even date herewith (the “Loan Modification Agreement”) entered into by and among FIREEYE, INC. (the “Company”), and SILICON VALLEY BANK (“SVB”) and GOLD HILL VENTURE LENDING 03, LP (the “Holder”), Holder is entitled to purchase the number of fully paid and non-assessable shares of the class of securities (the “Shares”) of the company (the “Company”) at the Warrant Price, all as set forth above and as adjusted pursuant to Article 2 of this Warrant, subject to the provisions and upon the terms and conditions set forth in this Warrant. The Loan and Security Agreement, dated as of August 16, 2005, among the Holder, SVB and the Company, as modified by the Loan Modification Agreement and as further amended or otherwise modified from time to time is hereinafter referred to as t
Flextronics Design and Manufacturing Services AgreementServices Agreement • June 27th, 2013 • FireEye, Inc. • Computer peripheral equipment, nec • California
This Design and Manufacturing Services Agreement (the “Agreement”) is made as of September 28th 2012 (the “Effective Date”), by and between FireEye Incorporated, having its place of business at 1440 McCarthy Blvd Milpitas, CA 95035 (“Customer”) and Flextronics Telecom Systems, Ltd., having its place of business at Level 3, Alexander House, 35 Cybercity, Ebene, Mauritius (“Flextronics”).
