Confidential Separation and Consulting Agreement and Release of Claims (November 2nd, 2004)
THIS CONFIDENTIAL SEPARATION AGREEMENT AND RELEASE OF CLAIMS (Agreement), is made between KEITH RICKARD (Rickard), and BAKBONE SOFTWARE INCORPORATED and all of its subsidiaries and affiliated companies (collectively hereafter BakBone or the Company) and shall become effective immediately upon the date it is signed by Rickard) (the Effective Date).
10145 Pacific Heights Blvd. Suite 900 San Diego, CA 92121 P (858) 450 9929 F (858) 450 9929 (June 30th, 2004)
It gives me great pleasure to formally offer you the position of Chief Financial Officer (CFO) of BakBone Software, Inc., effective immediately. This position reports directly to the CEO/President of BakBone, and will be located in our San Diego office.
January 26, 2004 Adrian Jones 28442 Camino La Ronda San Juan Capistrano CA 92675 (June 30th, 2004)
Following our recent discussions, on behalf of BakBone Software, I am pleased to extend our offer to you for the position of Senior Vice President, Worldwide Alliances and OEMs for BakBone Software. This position will be based out of our Corporate Offices in San Diego, California. In this position you will report directly to me, and your anticipated start date will be February 17, 2004.
Bakbone Software Incorporated Investors Rights Agreement (June 30th, 2004)
This Investors Rights Agreement (the Agreement) is made by and among Bakbone Software Incorporated, a corporation incorporated under the laws of the Province of Alberta, Canada (the Company) and the investors listed on the signature page hereof (the Investors).
BAKBONE SOFTWARE INCORPORATED 10145 Pacific Heights Boulevard Suite 500 San Diego, CA 92121 (June 30th, 2004)
The parties hereto are parties to a Series A preferred share purchase agreement (the Share Purchase Agreement) dated June 18, 2003, pursuant to which BakBone Software Incorporated (the Company) issued 22,000,000 Series A preferred shares (the Stock or the Securities) to VantagePoint Venture Partners IV (Q), L.P., VantagePoint Venture Partners IV, L.P. and VantagePoint Venture Partners IV Principals Fund, L.P. (each a Purchaser and together, the Purchasers), in the allocations set forth in the Share Purchase Agreement, of which 18,000,000 of such Securities are presently held by the Purchasers. Capitalized terms not otherwise defined herein have the meanings ascribed to such terms in the Share Purchase Agreement.
Bakbone Software Incorporated Series a Preferred Share Purchase Agreement (June 30th, 2004)
This Series A Preferred Share Purchase Agreement (the Agreement) is made as of the 18th day of June, 2003, by and between Bakbone Software Incorporated, a corporation incorporated under the laws of the Province of Alberta, Canada (the Company) and the investors listed on Exhibit A attached hereto (each a Purchaser and together the Purchasers).
Bakbone Software Limited Terms & Conditions of Employment (June 30th, 2004)
On behalf of BakBone Software Limited I am delighted to submit this offer of employment to you. We are hereby offering you the position of Vice President, EMEA (Europe, Middle East and Africa) Sales.with BakBone Software Limited. In this position you will report directly to the President/CEO of BakBone. The position will based in the United Kingdom.
Memo To: Fabrice Helliker From: Keith Rickard Date: December 18, 2003 Subject: Relocation to San Diego (June 30th, 2004)
Following our discussions I am documenting the details of the package that we have agreed to regarding your relocation to San Diego as Vice President of Engineering for BakBone Software.
Subscription for Common Shares (June 30th, 2004)
The undersigned (the Subscriber) hereby irrevocably subscribes for and agrees to purchase the number of common shares (Common Shares) of the Corporation set forth below at a subscription price of Cdn $0.88 per Common Share, upon and subject to the terms and conditions set forth in Terms and Conditions of Subscription for Common Shares of Bakbone Software Incorporated attached hereto (the Subscription Agreement).
January 8, 2004 Brick Lane Beck Hall Tealby Market Rasen Lincolnshire LN8 3XS (June 30th, 2004)