FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENTAffirmation of Security Agreement and Guaranty • March 28th, 2003 • Seebeyond Technology Corp • Services-prepackaged software
This Fourth Amendment to Loan and Security Agreement is entered into as of December 24, 2002 (the "Amendment"), by and between COMERICA BANK-CALIFORNIA ("Bank") and SEEBEYOND TECHNOLOGY CORPORATION ("Borrower").
FIRST AMENDMENT TO LEASE dated for reference purposes, as of January 23, 2002 by and between MONROVIA TECHNOLOGY CAMPUS LLC, a California limited liability company ("Landlord") and SEEBEYOND TECHNOLOGY CORPORATION ("Tenant"). R E C I T A L S:Seebeyond Technology Corp • March 28th, 2003 • Services-prepackaged software
SECOND ADDENDUM TO LEASESeebeyond Technology Corp • March 28th, 2003 • Services-prepackaged software
THIS SECOND AMENDMENT TO LEASE is entered as of the 25th day of October 2002, by and between FOOTHILL TECHNOLOGY CENTER LLC, (BOONE/FETTER/OCCIDENTAL I) (hereinafter referred to as the "LESSOR") and SEEBEYOND TECHNOLOGY CORPORATION (SOFTWARE TECHNOLOGIES CORPORATION) (hereinafter referred to as the "LESSEE") with reference to the following facts and circumstances:
LOGO] March 19, 2001 Mr. Alex Demetriades Sr. Vice-President—Products SeeBeyond 404 E. Huntington Drive Monrovia, CA 91016 Dear Alex:Seebeyond Technology Corp • March 28th, 2003 • Services-prepackaged software
In the event of a Change of Control, fifty percent (50%) of the then-unvested portion of any outstanding stock options granted under the Company's stock option plan you hold shall vest and become exercisable on the closing date of such Change of Control. For purposes of this agreement, "Change of Control" shall be defined as the acquisition of the Company by another entity by means of any transaction or series of related transactions (including, without limitation, any reorganization, merger or consolidation) that results in the transfer of more than fifty percent (50%) of the outstanding voting power of the Company, or a sale or other transfer in a single transaction or a series of related transactions of all or substantially all of the assets of the Company.
SUBLEASE AGREEMENTSublease Agreement • March 28th, 2003 • Seebeyond Technology Corp • Services-prepackaged software
THIS SUBLEASE AGREEMENT (hereinafter referred to as this "Lease") is made and entered as of this 17th day of December, 2002, by and between SEEBEYOND TECHNOLOGY CORPORATION (the "Sublessor") and FIDELITY NATIONAL INFORMATION SERVICES, INC. (the "Sublessee").
