RELEASE, REIMBURSEMENT AND PAYMENT AGREEMENTRelease, Reimbursement and Payment Agreement • May 14th, 2004 • Ariba Inc • Services-prepackaged software • California
This Release, Reimbursement and Payment Agreement (the “Agreement”) is made as of December 10, 2001 (the “Effective Date”) by and among Ariba, Inc. (“Ariba”), Nihon Ariba K.K. (“Nihon Ariba”), SOFTBANK Corp. (“Softbank”), and SOFTBANK EC Holdings Corp., which is previously known as SOFTBANK E-Commerce Corp. (“Softbank ECH”) (collectively, the “Parties”). Capitalized terms used and not otherwise defined herein shall have meanings set forth in the Amended Agreements (as defined below).
FIRST AMENDED AND RESTATED SHAREHOLDERS AGREEMENT BY AND AMONG SOFTBANK CORP. SOFTBANK EC HOLDINGS CORP. ARIBA, INC. AND NIHON ARIBA K.K. DECEMBER 10, 2001Shareholders Agreement • May 14th, 2004 • Ariba Inc • Services-prepackaged software • California
This First Amended and Restated Shareholders Agreement (this “Agreement”) is made as of December 10, 2001 (the “Amendment Date”), by and among Nihon Ariba K.K., a Japanese corporation (the “Company”), Ariba, Inc., a Delaware corporation (“Ariba”), SOFTBANK Corp., a Japanese corporation (“SOFTBANK Parent”), and SOFTBANK EC Holdings Corp., a Japanese corporation previously known as SOFTBANK E-Commerce Corp. and a direct wholly owned subsidiary of SOFTBANK Parent (“SOFTBANK”). The Company, Ariba, SOFTBANK Parent and SOFTBANK are hereunder also referred to collectively as the “Parties” and individually as a “Party”. This Agreement supercedes and replaces the SHAREHOLDERS AGREEMENT between the Parties dated as of October 19, 2000 (the “Prior Agreement”), which the Parties hereby agree is amended and restated in its entirety by this Agreement as of the Amendment Date.
December 10, 2001Standby Purchase Agreement • May 14th, 2004 • Ariba Inc • Services-prepackaged software • California
This Standby Purchase Agreement (this “Standby Purchase Agreement”) sets forth certain undertakings of SOFTBANK EC Holding Corp. (“SBEC”) as to certain Revenue Commitments described herein with respect to certain Software products and services of Nihon Ariba K.K. (the “Company”). Certain capitalized terms used herein shall have the respective meanings set forth for such terms in Exhibit A attached hereto; others that are not otherwise defined herein shall have the meaning given to them in the Amended Master Alliance Agreement (as defined in Exhibit A).
ARIBA, INC. Sunnyvale, CA 94089 October 16, 2001Ariba Inc • May 14th, 2004 • Services-prepackaged software • California
AMENDMENT NO. 1 TO STOCK PURCHASE AGREEMENTStock Purchase Agreement • May 14th, 2004 • Ariba Inc • Services-prepackaged software • California
THIS AMENDMENT NO. 1 TO STOCK PURCHASE AGREEMENT (“Amendment”) is made as of December 10, 2001, by and among Nihon Ariba K.K., a Japanese corporation (the “Company”), SOFTBANK Corp., a Japanese corporation (“SOFTBANK Parent”) and SOFTBANK EC Holdings Corp., a Japanese corporation previously known as SOFTBANK E-Commerce Corp. and a direct wholly owned subsidiary of SOFTBANK Parent (“SOFTBANK” and together with SOFTBANK Parent, the “Investors”).
October 20, 2001Proprietary Information and Inventions Agreement • May 14th, 2004 • Ariba Inc • Services-prepackaged software • California
This letter (the “Agreement”) is to confirm the agreement between you and Ariba, Inc. (“Ariba” or the “Company”) regarding the termination of your employment with the Company.
