VIOLIN MEMORY, INC. 2012 STOCK INCENTIVE PLAN (Adopted by the Board of Directors on October 28, 2012) VIOLIN MEMORY, INC.Restricted Stock Agreement • August 26th, 2013 • Violin Memory Inc • Computer storage devices
VIOLIN MEMORY, INC. AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT JANUARY 7, 2010Rights Agreement • August 26th, 2013 • Violin Memory Inc • Computer storage devices • Delaware
THIS AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (the “Agreement”) is made as of the 7th day of January, 2010, by and among Violin Memory, Inc., a Delaware corporation (the “Company”), the investors listed on Schedule A hereto, each of which is herein referred to as an “Investor” and the holders of Common Stock listed on Schedule B hereto, each of which is herein referred to as a “Common Holder”.
Confidential Treatment Requested. Confidential portions of this document have been redacted and have been separately filed with the Commission. *** Confidential material redacted and filed separately with the Commission. Sales Agreement among Toshiba...Sales Agreement • August 26th, 2013 • Violin Memory Inc • Computer storage devices • California
This Sales Agreement (“Agreement”) is entered into as of June 27, 2011 (the “Effective Date”), by and between Toshiba Corporation (“Toshiba”), a Japanese corporation, with its principal office at 1-1, Shibaura 1-chome, Minato-ku, Tokyo 105-8001, Japan, on behalf of itself and its Affiliates that have been identified in an Exhibit C attached hereto, including Toshiba America Electronic Components, Inc. (“TAEC”), a California corporation, with its principal office at 19900 MacArthur Boulevard, Suite 400, Irvine, California 92612 (hereinafter collectively referred to as “Seller”) and Violin Memory, Inc., a Delaware corporation, with its principal office at 685 Clyde Avenue, Mountain View, California 94043, on behalf of itself and its Affiliates that have been Identified in Exhibit D attached hereto (hereinafter collectively referred to as “Buyer”). For purposes of this Agreement, “Affiliates” of a party means any entity that is directly or indirectly, Controlling or Controlled by or under
EMPLOYMENT AGREEMENTEmployment Agreement • August 26th, 2013 • Violin Memory Inc • Computer storage devices • California
AGREEMENT, dated as of April 15, 2009, between Violin Memory, Inc., a Delaware corporation (the “Company”), and Dr. Donald G. Basile (the “Executive”).
CATALYST CONSULTING SERVICES AGREEMENTConsulting Services Agreement • August 26th, 2013 • Violin Memory Inc • Computer storage devices • California
This Agreement is made by and between Violin Memory, Inc. (“Client”) having a place of business at 685 Clyde Avenue, Mountain View, CA 94043 and Catalyst Operating, a series of Catalyst Emerging Business Advisors, LLC, a Delaware Series LLC (“Catalyst”) having a principal place of business at 25 Metro Dr. Ste. 525, San Jose, CA 95110.
ContractWarrant Purchase Agreement • August 26th, 2013 • Violin Memory Inc • Computer storage devices • Delaware
THIS WARRANT AND THE SECURITIES ISSUABLE UPON THE EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, HYPOTHECATED, OR OTHERWISE TRANSFERRED EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR AN OPINION OF COUNSEL SATISFACTORY TO THE COMPANY THAT REGISTRATION IS NOT REQUIRED UNDER SUCH ACT OR UNLESS SOLD PURSUANT TO RULE 144 UNDER SUCH ACT.
Confidential Treatment Requested. Confidential portions of this document have been redacted and have been separately filed with the Commission. SPONSORSHIP AGREEMENTSponsorship Agreement • August 26th, 2013 • Violin Memory Inc • Computer storage devices • California
THIS SPONSORSHIP AGREEMENT (this “Agreement”) is made and entered into as of June 13, 2012 the (“Effective Date”), by and between Forty Niners SC Stadium Company LLC, a Delaware limited liability company (“Forty Niners SC”) having its principal place of business at 4949 Centennial Boulevard, Santa Clara, CA 95054, and Violin Memory, Inc., a Delaware corporation (“Sponsor”) having its principal place of business at 685 Clyde Avenue, Mountain View, CA 94043. For purposes of this Agreement, Forty Niners SC and Sponsor may each be referred to individually as a “Party” and may be collectively referred to as the “Parties.”
CATALYST CONSULTING SERVICES AGREEMENTConsulting Services Agreement • August 26th, 2013 • Violin Memory Inc • Computer storage devices • California
This Agreement is made by and between Violin Memory, Inc. (“Client”) having a place of business at 33 Wood Avenue South, Iselin, NJ 08830, and Catalyst Operating, a series of Catalyst Emerging Business Advisors, LLC, a Delaware Series LLC (“Catalyst”) having a principal place of business at 25 Metro Dr. Ste. 525, San Jose, CA 95110.
Flextronics Infrastructure Manufacturing Services AgreementServices Agreement • August 26th, 2013 • Violin Memory Inc • Computer storage devices • California
This Flextronics Manufacturing Services Agreement (“Agreement”) is entered into this 13th of May, 2011 by and between Violin Memory, Inc. having its place of business at 685 Clyde Avenue, Mountain View, CA 94043, (“Customer”) and Flextronics Telecom Systems, Ltd., having its place of business at Level 3, Alexander House, 35 Cybercity, Ebene, Mauritius (“Flextronics”).
INDEMNIFICATION AGREEMENTIndemnification Agreement • August 26th, 2013 • Violin Memory Inc • Computer storage devices • Delaware
THIS INDEMNIFICATION AGREEMENT (this “Agreement”) dated as of (the “Effective Date”) is made by and between Violin Memory, Inc., a Delaware corporation (the “Company”), and (“Indemnitee”).
Mr. Dixon Doll, Jr. Dear Dixon:Stock Purchase Agreement • August 26th, 2013 • Violin Memory Inc • Computer storage devices • California
Confidential Treatment Requested. Confidential portions of this document have been redacted and have been separately filed with the commission. PCIe Card Development Agreement Between Toshiba Corporation And Violin Memory, Inc.Pcie Card Development Agreement • August 26th, 2013 • Violin Memory Inc • Computer storage devices • California
This Agreement (“Agreement”) is entered into and is effective as of July 16, 2013 (the “Effective Date”), by and between Violin Memory, Inc. having its principal place of business at 685 Clyde Avenue, Mountain View, CA 94043, USA (hereinafter called “Violin”), and Toshiba Corporation having its principal place of business at 1-1 Shibaura 1-Chome, Shibaura, Minato-ku, Tokyo 105-8001, Japan (hereinafter called “Toshiba”).
WARRANT TO PURCHASE SERIES D PREFERRED STOCK OF VIOLIN MEMORY, INC.Violin Memory Inc • August 26th, 2013 • Computer storage devices • California
This certifies that Toshiba America Electronic Components, Inc., or permitted assigns (collectively, the “Holder”), for value received, is entitled to purchase, at an exercise price of $0.01 per share, from Violin Memory, Inc., a Delaware corporation (the “Company”), up to that number of fully paid and nonassessable Warrant Shares, equal to the quotient obtained in accordance with the following calculation:
EMPLOYMENT AGREEMENTEmployment Agreement • August 26th, 2013 • Violin Memory Inc • Computer storage devices • California
AGREEMENT, dated as of May 3, 2012, between Violin Memory, Inc., a Delaware corporation (the “Company”), and Dr. Donald G. Basile (the “Executive”).
INTELLECTUAL PROPERTY SECURITY AGREEMENTIntellectual Property Security Agreement • August 26th, 2013 • Violin Memory Inc • Computer storage devices
This Intellectual Property Security Agreement is entered into as of July 18, 2013, between COMERICA BANK (“Bank”) and VIOLIN MEMORY, INC., a Delaware corporation (“Grantor”).
VIOLIN MEMORY, INC. LOAN AND SECURITY AGREEMENTViolin Memory Inc • August 26th, 2013 • Computer storage devices • California
This LOAN AND SECURITY AGREEMENT (this “Agreement”) is entered into as of July 18, 2013 between Comerica Bank (“Bank”) and Violin Memory, Inc. (“Borrower”).
FORM OF SUBORDINATION AGREEMENTForm of Subordination Agreement • August 26th, 2013 • Violin Memory Inc • Computer storage devices • California
This Subordination Agreement (this “Agreement”) is made as of [Date] by and among each of the undersigned creditors (individually, a “Creditor” and, collectively, the “Creditors”), and Comerica Bank (“Bank”).
PLAIN ENGLISH INTELLECTUAL PROPERTY SECURITY AGREEMENTConfidential Treatment Requested • August 26th, 2013 • Violin Memory Inc • Computer storage devices • California
This is a Plain English Intellectual Property Security Agreement dated as of May 13, 2013 by and between TRIPLEPOINT CAPITAL LLC, a Delaware limited liability company and VIOLIN MEMORY, INC., a Delaware corporation.
