AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • May 8th, 2006 • Omniture, Inc. • Services-prepackaged software • California
This Amended and Restated Registration Rights Agreement (this “Agreement”) is made and entered into as of April 26, 2006, by and among Omniture, Inc., a Delaware corporation (the “Company”), the persons and entities listed on Exhibit A attached hereto (the “Investors”), the persons and entities listed on Exhibit B attached hereto (the “Founders”) and the persons and entities listed on Exhibit C attached hereto (the “Additional Holders”).
WARRANT TO PURCHASE STOCKOmniture, Inc. • May 8th, 2006 • Services-prepackaged software • California
This Warrant certifies that, for good and valuable consideration, NetObjects, Inc., a Delaware corporation (“Holder”), is entitled to purchase from the corporation named above (the “Company”), on or after March 31, 2004, but only if the Company has paid all three Scheduled Payments pursuant to that certain Settlement and Payoff Agreement, dated the date hereof, by and between the Holder and the Company, until 5:00 p.m. Pacific time, on the Expiration Date set forth above, the number of fully paid and nonassessable shares of the class of stock (the “Shares”) of the Company at the initial exercise price per Share (the “Warrant Price”), all as set forth above and as adjusted pursuant to Section 2 of this Warrant, subject to the provisions and upon the terms and conditions set forth in this Warrant.
ContractAcknowledgement and Agreement • May 8th, 2006 • Omniture, Inc. • Services-prepackaged software • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND MAY NOT BE SOLD, PLEDGED, OR OTHERWISE TRANSFERRED WITHOUT AN EFFECTIVE REGISTRATION THEREOF UNDER SUCH ACT OR PURSUANT TO RULE 144 OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO THE CORPORATION AND ITS COUNSEL, THAT SUCH REGISTRATION IS NOT REQUIRED.
SETTLEMENT AND PATENT LICENSE AGREEMENT1Settlement and Patent License • May 8th, 2006 • Omniture, Inc. • Services-prepackaged software • New York
THIS AGREEMENT (the “Agreement”) is made as of this 28th day of February, 2006 (the “Effective Date”) by and between NetRatings, Inc., a Delaware corporation, with offices at 120 West 45th Street, New York, New York 10036 (“NetRatings”), and Omniture, Inc., a Delaware corporation, with offices at 550 East Timpanogos Circle, Orem, Utah 84097 (“Omniture” or “Licensee”) (NetRatings and Licensee collectively, the “Parties”).
