0001012870-02-004763 Sample Contracts

SUBORDINATION AGREEMENT AND CONSENT
Subordination Agreement and Consent • December 27th, 2002 • Egain Communications Corp • Services-prepackaged software

This Subordination Agreement (this “Agreement”), dated as of December 24, 2002, is between Ashutosh Roy, an individual (the “Lender”) and Silicon Valley Bank (“Bank”).

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WARRANT TO PURCHASE COMMON STOCK OF eGAIN COMMUNICATIONS CORPORATION
Egain Communications Corp • December 27th, 2002 • Services-prepackaged software • Delaware

This certifies that, for value received, Ashutosh Roy or his registered assigns (“Holder”) is entitled, subject to the terms and conditions set forth below, to purchase from eGAIN COMMUNICATIONS CORPORATION (the “Company”), in whole or in part that number of fully paid and nonassessable shares (the “Warrant Shares”) of Common Stock (as defined below) determined in accordance with Section 2 below and at a purchase price per share (the “Exercise Price”) determined in accordance with Section 2 below. The number, character and Exercise Price of such shares of Common Stock are subject to adjustment as provided below and all references to “Warrant Shares” and “Exercise Price” herein shall be deemed to include any such adjustment or series of adjustments. The term “Warrant” as used herein shall mean this Warrant, and any warrants delivered in substitution or exchange therefor as provided herein. This Warrant is issued in connection with the issuance by the Company of a certain Subordinated Se

NOTE AND WARRANT PURCHASE AGREEMENT
Note and Warrant Purchase Agreement • December 27th, 2002 • Egain Communications Corp • Services-prepackaged software • California

This NOTE AND WARRANT PURCHASE AGREEMENT (this “Agreement”), dated as of December 24, 2002, between eGain Communications Corporation, a Delaware corporation (the “Company”), and Ashutosh Roy, an individual (“the “Lender”).

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