0001015402-04-001232 Sample Contracts

Form of warrant
Audible Inc • March 30th, 2004 • Services-business services, nec • New York

THIS WARRANT HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR THE SECURITIES LAWS OF ANY STATE AND MAY NOT BE SOLD, TRANSFERRED OR OTHERWISE DISPOSED OF EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT OR EXEMPTION FROM REGISTRATION UNDER THE FOREGOING LAWS.

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AGREEMENT
Agreement • March 30th, 2004 • Audible Inc • Services-business services, nec • Delaware

This Agreement (the “Agreement”) is entered into as of the 6th day of February, 2004, by and among Audible, Inc., a Delaware corporation (the “Company”) and Apax Excelsior VI Partners, L.P., Apax Excelsior VI-A C.V., Apax Excelsior VI-B C.V. and Patricof Private Investment Club III, L.P., and any partners, members, affiliates or distributees therof (each, an “Investor” and collectively, the “Investors”).

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