AMENDMENT 88 • August 29th, 2006 • Double-Take Software, Inc. • Services-prepackaged software
This Amendment 8, dated April 1, 2005 (“Effective Date”), becomes part of the Xcelerate Partner Agreement (the “Agreement”) dated August 2, 2001 between NSI Software, Inc. (“NSI”) and Sunbelt Software Distribution, Inc. (“VAR”).
Loan and Security AgreementLoan and Security Agreement • August 29th, 2006 • Double-Take Software, Inc. • Services-prepackaged software • California
THIS LOAN AND SECURITY AGREEMENT is entered into on the above date between SILICON VALLEY BANK (“Silicon”) , whose address is 3003 Tasman Drive, Santa Clara, California 95054 and the borrower named above (the “Borrower”), whose chief executive office is located at the above address (“Borrower’s Address”). The Schedule and Exhibits to this Agreement (the “Schedule” and the “Exhibits,” respectively) shall for all purposes be deemed to be a part of this Agreement, and the same are integral parts of this Agreement. (Definitions of certain terms used in this Agreement are set forth in Section 8 below.)
AMENDMENT AND JOINDER AGREEMENT Dated as of July 31, 2006Registration Rights Agreement • August 29th, 2006 • Double-Take Software, Inc. • Services-prepackaged software • New York
Reference is made to that certain Amended and Restated Registration Rights Agreement, dated as of October 6, 2004 (the “Registration Rights Agreement”), by and among NSI Software, Inc. (subsequently re-named Double-Take Software, Inc. (the “Company”)), the Series B Investors named on Exhibit A thereto (the “Series B Investors”) and the Series C Investors named on Exhibit B thereto (together with the Series B Investors, the “Investors”). Capitalized terms used but not defined herein have the meanings ascribed to such terms in the Registration Rights Agreement.
AMENDMENT 77 • August 29th, 2006 • Double-Take Software, Inc. • Services-prepackaged software
This Amendment 7 (“Amendment”) effective as of the 18th day of February, 2005 (“Effective Date”) amends the Product License and Distribution agreement (the “Agreement”), dated December 10, 2001, between NSI Software, Inc. (“NSI”) and Dell Computer Corporation (“Dell”).
ADDENDUM 1Addendum 1 • August 29th, 2006 • Double-Take Software, Inc. • Services-prepackaged software
This Addendum 1 becomes part of the Xcelerate Partner Agreement (the “Agreement”), dated July 2, 2001, between NSI and Sunbelt Software Distribution Inc.
AMENDMENT 5Product License and Distribution • August 29th, 2006 • Double-Take Software, Inc. • Services-prepackaged software
This Amendment 5 shall become part of the PRODUCT LICENSE AND DISTRIBUTION (the “Agreement”), dated December 10, 2001, between NSI and Dell Computer Corporation (“Dell”).
AMENDMENT 6Amendment 6 • August 29th, 2006 • Double-Take Software, Inc. • Services-prepackaged software
This Amendment 7 becomes part of the Xcelerate Partner Agreement (the “Agreement”), dated August 02, 2001, between NSI and Sunbelt Software Distribution Inc. (“VAR”).
SEVENTH LOAN MODIFICATION AGREEMENTSeventh Loan Modification Agreement • August 29th, 2006 • Double-Take Software, Inc. • Services-prepackaged software
This Seventh Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of January 1, 2006, by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462, doing business under the name “Silicon Valley East” (“Bank”) and NSI SOFTWARE, INC., successor by merger with NETWORK SPECIALISTS, INCORPORATED, a Delaware corporation with offices at Two Hudson Place, Suite 700, Hoboken, New Jersey 07030 (“Borrower”).
AMENDMENT 7Xcelerate Partner Agreement • August 29th, 2006 • Double-Take Software, Inc. • Services-prepackaged software
This Amendment 7 becomes part of the Xcelerate Partner Agreement (the “Agreement”), dated August 02, 2001, between NSI and Sunbelt Software Distribution Inc. (“VAR”).
Addendum 4Addendum 4 • August 29th, 2006 • Double-Take Software, Inc. • Services-prepackaged software
This Addendum 4 becomes part of the Xcelerate Partner Agreement (the “Agreement”) dated August 2, 2001, between NSI and Sunbelt Software Distribution, Inc. (“VAR”).
AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT AMONG NSI SOFTWARE, INC. AND THE HOLDERS NAMED HEREIN OCTOBER 6, 2004Registration Rights Agreement • August 29th, 2006 • Double-Take Software, Inc. • Services-prepackaged software • New York
AMENDMENT 66 • August 29th, 2006 • Double-Take Software, Inc. • Services-prepackaged software
This Amendment 6 (“Amendment”) effective as of this 26 day of February, 2004 (“Effective Date”) between NSI Software, Inc. (“NSI”) and Dell Products L.P. (“Dell”) amends the Product License and Distribution Agreement (“Agreement”), dated December 10, 2001, between the parties. Defined terms shall have the meanings set forth in the Agreement.
Amended and Restated Xcelerate Distributor AgreementXcelerate Distributor Agreement • August 29th, 2006 • Double-Take Software, Inc. • Services-prepackaged software • New Jersey
This Amended and Restated Xcelerate Distributor Agreement (“Agreement”), effective as of the last date written below, is made by and between Double-Take Software, Inc. (hereinafter referred to as “NSI”), incorporated under the laws of Delaware, having its principal place of business at Two Hudson Place, Hoboken, NJ 07030, and Double-Take Software S.A.S. (hereinafter referred to as “DISTRIBUTOR”), having its principal place of business at 116-118 Avenue Paul Doumer, 92563 Rueil-Malaison, Cedex, France.
NINTH LOAN MODIFICATION AGREEMENTNinth Loan Modification Agreement • August 29th, 2006 • Double-Take Software, Inc. • Services-prepackaged software
This Ninth Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of May ___, 2006, by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 230 West Monroe Street, Suite 720, Chicago, Illinois 60606 (“Bank”) and NSI SOFTWARE, INC., successor by merger with NETWORK SPECIALISTS, INCORPORATED, a Delaware corporation with offices at Two Hudson Place, Suite 700, Hoboken, New Jersey 07030 (“Borrower”).
FIFTH LOAN MODIFICATION AGREEMENTFifth Loan Modification Agreement • August 29th, 2006 • Double-Take Software, Inc. • Services-prepackaged software
This Fifth Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of October 15, 2004, by and between SILICON VALLEY BANK, a California-chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462, doing business under the name “Silicon Valley East” (“Bank”) and NSI SOFTWARE, INC., successor by merger with NETWORK SPECIALISTS, INCORPORATED, a Delaware corporation, with offices at Two Hudson Place, Suite 700, Hoboken, New Jersey 07030 (“Borrower”).
Addendum 4Addendum 4 • August 29th, 2006 • Double-Take Software, Inc. • Services-prepackaged software
This Addendum 4 becomes part of the Xcelerate Partner Agreement (the “Agreement”) dated July 30, 2001, between NSI and Sunbelt Software International (“DISTRIBUTOR”).
