0001193125-13-387339 Sample Contracts

40,000,000 SENIOR SECURED REVOLVING CREDIT FACILITY CREDIT AGREEMENT AMONG BARRACUDA NETWORKS, INC., AS THE BORROWER, THE SEVERAL LENDERS FROM TIME TO TIME PARTIES HERETO, AND SILICON VALLEY BANK, AS ADMINISTRATIVE AGENT, ISSUING LENDER, SWINGLINE...
Guarantee and Collateral Agreement • October 1st, 2013 • Barracuda Networks Inc • Computer peripheral equipment, nec • New York

CREDIT AGREEMENT (this “Agreement”), dated as of October 3, 2012, among BARRACUDA NETWORKS, INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (the “Lenders”) and SILICON VALLEY BANK (“SVB”), as administrative agent, issuing lender and swingline lender.

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July 24, 2013
Barracuda Networks Inc • October 1st, 2013 • Computer peripheral equipment, nec
LEASE BY AND BETWEEN M WEST PROPCO XVII, LLC, a Delaware limited liability company, as Landlord and BARRACUDA NETWORKS, INC., a Delaware corporation, as Tenant For Premises located at 5710 Fontanoso Way San Jose, California
Acceptance Agreement • October 1st, 2013 • Barracuda Networks Inc • Computer peripheral equipment, nec • California

The foregoing Summary is hereby incorporated into and made a part of this Lease. Each reference in this Lease to any term of the Summary shall mean the respective information set forth above and shall be construed to incorporate all of the terms provided under the particular paragraph pertaining to such information. In the event of any conflict between the Summary and the Lease, the Summary shall control.

AMENDMENT NO. 1 AND WAIVERS TO RECAPITALIZATION AGREEMENT
Recapitalization Agreement • October 1st, 2013 • Barracuda Networks Inc • Computer peripheral equipment, nec • Delaware

THIS AMENDMENT NO. 1 AND WAIVERS TO RECAPITALIZATION AGREEMENT (this “Amendment”), is made as of October 3, 2012 by and among Barracuda Networks, Inc., a Delaware corporation (the “Company”), the Persons listed on the Schedule of Investors attached hereto (collectively referred to herein as the “Investors” and individually as an “Investor”), the Persons listed on the Schedule of Selling Stockholders attached hereto (collectively referred to herein as the “Selling Stockholders” and individually as a “Selling Stockholder”).

William. “BJ” Jenkins Dear BJ:
Information Agreement • October 1st, 2013 • Barracuda Networks Inc • Computer peripheral equipment, nec • California

The purpose of this letter agreement is to confirm the current terms and conditions of your employment with Barracuda Networks, Inc. (the “Company”) as its Chief Executive Officer reporting to the. Company’s board of directors (the “Board”).

LEASE
Lease • October 1st, 2013 • Barracuda Networks Inc • Computer peripheral equipment, nec • Michigan

LEASE, entered into May 24, 2012 between 317 Maynard LLC, a Michigan limited liability company (hereinafter referred to as “Host”) whose address is c/o First Martin Corporation, 115 Depot Street, Ann Arbor, Michigan 48104 and Barracuda Networks, Inc,, a Delaware corporation (hereinafter referred to as “Guest”) whose address is 3175 S. Winchester Boulevard, Campbell, California 95008, by which the parties agree as follows:

RECAPITALIZATION AGREEMENT by and among BARRACUDA NETWORKS, INC., THE INVESTORS NAMED HEREIN and THE SELLING STOCKHOLDERS NAMED HEREIN August 23, 2012
Recapitalization Agreement • October 1st, 2013 • Barracuda Networks Inc • Computer peripheral equipment, nec • Delaware

THIS RECAPITALIZATION AGREEMENT (this “Agreement”) is made and entered into as of August 23, 2012, by and among Barracuda Networks, Inc., a Delaware corporation (the “Company”), the Persons listed on the Schedule of Investors attached hereto (collectively referred to herein as the “Investors” and individually as an “Investor”), the Persons listed on the Schedule of Selling Stockholders attached hereto (collectively referred to herein as the “Selling Stockholders” and individually as a “Selling Stockholder”). The Company, the Investors and the Selling Stockholders are sometimes collectively referred to herein as the “Parties” and individually as a “Party.” Capitalized terms used herein and not otherwise defined herein have the meanings given to such terms in ARTICLE 10.

BARRACUDA NETWORKS, INC. AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT October 3, 2012
Investors’ Rights Agreement • October 1st, 2013 • Barracuda Networks Inc • Computer peripheral equipment, nec • California

This Amended and Restated Investors’ Rights Agreement (this “Agreement”) is made as of October 3, 2012, by and among Barracuda Networks, Inc., a Delaware corporation (the “Company”), the persons and entities listed on Exhibit A hereto (each, an “Investor” and collectively, the “Investors”) and the holders of Common Stock listed on Exhibit B hereto (each, a “Common Holder” and collectively, the “Common Holders”). Unless otherwise defined herein, capitalized terms used in this Agreement have the meanings ascribed to them in Section 1.

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