Certificate of Designations, Preferences and Rights of Series a Junior Participating Preferred Stock of Carbonite, Inc. (January 9th, 2015)
The undersigned, Danielle Sheer, the Vice President, General Counsel and Secretary of Carbonite, Inc. (the Corporation), a corporation organized and existing under the General Corporation Law of the State of Delaware, does hereby certify that, pursuant to the authority conferred upon the Board of Directors of the Corporation by the Corporations Amended and Restated Certificate of Incorporation to issue shares of preferred stock in series by distinct designation by the Board of Directors of the Corporation, and pursuant to the provisions of Section 151 of the General Corporation Law of the State of Delaware, the Board of Directors on January 8, 2015 adopted the following resolution creating a series of forty-five thousand (45,000) shares of preferred stock designated as Series A Junior Participating Preferred Stock:
CARBONITE, INC. And AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC, as Rights Agent RIGHTS AGREEMENT Dated as of January 9, 2015 (January 9th, 2015)
RIGHTS AGREEMENT, dated as of January 9, 2015 (the Agreement), by and between CARBONITE, INC., a Delaware corporation (the Company), and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC, as rights agent (the Rights Agent).
INDENTURE OF LEASE BY AND BETWEEN ABBEY LAFAYETTE OPERATING LLC (LANDLORD) AND CARBONITE, INC. (TENANT) LAFAYETTE CITY CENTER Two Avenue De Lafayette Boston, Massachusetts (May 6th, 2014)
The following terms and definitions are hereby incorporated in the Lease, and where used and as the initial letter(s) are capitalized herein, are intended to refer to the specific terms and definitions set forth below and as further set forth in Article I hereof and otherwise defined throughout: