FireEye, Inc. Contracts & Agreements

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KEY EMPLOYEE NON-COMPETITION AGREEMENT
Non-Competition Agreements
FireEye, Inc.
Software
VA
2016
2024 Convertible Notes First Supplemental Indenture, dated as of September 12, 2022, by and between Mandiant, Inc. and U.S. Bank Trust Company, National Association (as successor...
Indenture Agreements
FireEye, Inc.
Software
NY
2022
2035 Series A Convertible Notes First Supplemental Indenture, dated as of September 12, 2022, by and between Mandiant, Inc. and U.S. Bank Trust Company, National Association (as...
Indenture Agreements
FireEye, Inc.
2022
2035 Series B Convertible Notes First Supplemental Indenture, dated as of September 12, 2022, by and between Mandiant, Inc. and U.S. Bank Trust Company, National Association (as...
Indenture Agreements
FireEye, Inc.
2022
Form of Termination Agreement between Mandiant, Inc. and the applicable Capped Call Counterparty
Termination Agreements
FireEye, Inc.
Software
NY
2022
Agreement and Plan of Merger, dated March 7, 2022, between Google LLC, Dupin Inc. and Mandiant, Inc
Merger Agreements
FireEye, Inc.
2022
Mandiant Voting Agreement with Kevin R. Mandia
Voting Agreements
FireEye, Inc.
Software
NY
2022
Mandiant Voting Agreement with Blackstone Delta Lower Holdings DE L.P. and BTO FD Delta Holdings DE L.P
Voting Agreements
FireEye, Inc.
Software
NY
2022
Mandiant Voting Agreement with ClearSky Security Fund I LLC and ClearSky Power & Technology Fund II LLC
Security Agreements
FireEye, Inc.
2022
Form of the Registrant's common stock certificate
Stock Agreements
FireEye, Inc.
Software
2022
Description of the Registrants Securities Registered Pursuant to Section 12 of the Securities Exchange Act of 1934
FireEye, Inc.
Software
2022
Lease, dated as of December 4, 2020, by and between the Registrant and One Freedom Square, L.L.C
Lease Agreements
FireEye, Inc.
2022
Amendment to Asset Purchase Agreement, dated as of October
Purchase Agreements
FireEye, Inc.
Software
2021
Transition Agreement between the
Transition Agreements
FireEye, Inc.
2021
Asset Purchase Agreement, dated as of May 29, 2021, by and between FireEye, Inc. and Polaris Buyer LLC
Purchase Agreements
FireEye, Inc.
2021
Outside Director Compensation Policy, as amended and currently in effect
Compensation Agreements
FireEye, Inc.
2021
Offer Letter between the Registrant and John Watters, dated April 1, 2021
FireEye, Inc.
Software
2021
Description of the Registrants Securities Registered Pursuant to Section 12 of the Securities Exchange Act of 1934
FireEye, Inc.
2021
Outside Director Compensation Policy, as amended and currently in effect
Compensation Agreements
FireEye, Inc.
2021
Amendment to Securities Purchase Agreement by and between the Company and Blackstone Delta Holdings DE L.P. (formerly known as BTO Delta Holdings DE L.P.) dated December 11, 2020
Purchase Agreements
FireEye, Inc.
2020
Amendment to Securities Purchase Agreement by and among the Company, ClearSky Security Fund I LLC and ClearSky Power & Technology Fund II LLC dated December 11, 2020
Purchase Agreements
FireEye, Inc.
2020
Registration Rights Agreement by and between the Company and Blackstone Delta Holdings DE L.P. dated December 11, 2020
Registration Rights Agreements
FireEye, Inc.
Software
DE
2020
Registration Rights Agreement by and among the Company, ClearSky Security Fund I LLC and ClearSky Power & Technology Fund II LLC dated December 11, 2020
Registration Rights Agreements
FireEye, Inc.
Software
DE
2020
Offer Letter between the Company and Arthur W. Coviello, Jr., dated December 10, 2020
FireEye, Inc.
Software
2020
Agreement and Plan of Reorganization, dated as of November 18, 2020, by and among FireEye, Inc., Bravo Merger Acquisition Corporation, Bravo Merger Acquisition LLC, Respond...
Merger Agreements
FireEye, Inc.
Software
DE
2020
Securities Purchase Agreement, dated as of November 18, 2020, by and between FireEye, Inc. and BTO Delta Holdings DE L.P
Purchase Agreements
FireEye, Inc.
Software
DE
2020
Securities Purchase Agreement, dated as of November 18, 2020, by and among FireEye, Inc., ClearSky Security Fund I LLC and ClearSky Power & Technology Fund II LLC
Purchase Agreements
FireEye, Inc.
2020
Offer Letter between the Registrant and Sara Andrews, dated August 3, 2020
FireEye, Inc.
Software
2020
Description of the Registrants Securities Registered Pursuant to Section 12 of the Securities Exchange Act of 1934
FireEye, Inc.
2020
Offer Letter between the Registrant and Peter Bailey dated February 11, 2020
FireEye, Inc.
Software
CA
2020
Consulting Agreement between the Registrant and Travis Reese, effective as of March 3, 2020
Consulting Agreements
FireEye, Inc.
2020
Amendment #2 to Flextronics Design and Manufacturing Services Agreement, effective as of April 1, 2019, by and between the Registrant and Flextronics Telecom Systems, Ltd
Services Agreements
FireEye, Inc.
2019
Offer Letter between the Registrant and Adrian McDermott, dated January 25, 2019
FireEye, Inc.
Software
2019
Export Services (preparation and filing of the EEI) Addendum to Flextronics Design and Manufacturing Services Agreement, effective as of October 1, 2018, by and between the...
Services Agreements
FireEye, Inc.
Software
2018
Data Processing Addendum to Flextronics Design and Manufacturing Services Agreement, dated as of April 9, 2018, by and between the Registrant and Flextronics Telecom Systems, Ltd
Services Agreements
FireEye, Inc.
2018
Indenture, dated as of May 24, 2018, between the Company and U.S. Bank National Association
Indenture Agreements
FireEye, Inc.
Software
DE
2018
Form of Capped Call Confirmation
FireEye, Inc.
2018
Offer Letter between the Registrant and Frank Verdecanna, dated February 20, 2018
FireEye, Inc.
Software
CA
2018
First Amendment, dated as of December 1, 2016, to the Lease dated as of August 4, 2016 by and between the Registrant and 601 McCarthy Owner, LLC
Lease Agreements
FireEye, Inc.
Software
2018
Second Amendment, dated as of October 19, 2017, to the Lease dated as of August 4, 2016 by and between the Registrant and 601 McCarthy Owner, LLC
Lease Agreements
FireEye, Inc.
2018
Offer Letter between the Registrant and Robert E. Switz, dated September 11, 2017
FireEye, Inc.
Software
2017
FIREEYE, INC. OUTSIDE DIRECTOR COMPENSATION POLICY (Amended as of March 30, 2017)
Compensation Agreements
FireEye, Inc.
2017
Very truly yours,/s/ Kevin MandiaKevin MandiaChief Executive Officer AGREED TO AND ACCEPTED BY:/s/ Bill T. Robbins (Sign Name)William Robbins (Print Name)Date: Nov 14, 2016Start...
Change of Control Agreements
FireEye, Inc.
2017
TRANSITION AGREEMENT
Transition Agreements
FireEye, Inc.
Software
CA
2017
FIREEYE, INC. 2013 EMPLOYEE STOCK PURCHASE PLAN (as amended and restated as of August 2, 2016)
Stock Agreements
FireEye, Inc.
2016
LEASE AGREEMENT between 601 MCCARTHY OWNER, LLC as Landlord and FIREEYE, INC. as Tenant
Lease Agreements
FireEye, Inc.
2016
FIREEYE, INC. OUTSIDE DIRECTOR COMPENSATION POLICY (Amended as of June 5, 2016)
Compensation Agreements
FireEye, Inc.
2016
FIREEYE, INC. June 27, 2016
FireEye, Inc.
Software
CA
2016
FIREEYE, INC. June 15, 2016
FireEye, Inc.
2016
AGREEMENT AND PLAN OF MERGER BY AND AMONG FIREEYE,INC., IRIS MERGER CORPORATION, ISIGHT SECURITY, INC., AND SHAREHOLDERREPRESENTATIVE SERVICES LLC AS STOCKHOLDER REPRESENTATIVE...
Merger Agreements
FireEye, Inc.
2016
Exhibit A Change of Control Severance Policy for Officers (adopted and effective July 30, 2013)
Change of Control Agreements
FireEye, Inc.
Software
2015
FIREEYE, INC. AND U.S. BANK NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of June 2, 2015 1.000% Convertible Senior Notes due 2035 TABLE OF CONTENTS
Indenture Agreements
FireEye, Inc.
2015
FIREEYE, INC. AND U.S. BANK NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of June 2, 2015 1.625% Convertible Senior Notes due 2035 TABLE OF CONTENTS
Indenture Agreements
FireEye, Inc.
Software
DE
2015
FIREEYE, INC. $400,000,0001.000% CONVERTIBLE SENIOR NOTES DUE 2035 $400,000,000 1.625% CONVERTIBLE SENIOR NOTES DUE 2035 PURCHASE AGREEMENT
Note Agreements
FireEye, Inc.
Software
CA
2015
FIREEYE, INC. OUTSIDE DIRECTOR COMPENSATION POLICY Adopted and approved August 1, 2014
Compensation Agreements
FireEye, Inc.
2014
Exhibit A Change of Control Severance Policy for Officers (adopted and effective July 30, 2013)
Change of Control Agreements
FireEye, Inc.
2014
AMENDMENT TO FLEXTRONICS DESIGN AND MANUFACTURING SERVICES AGREEMENT
Services Agreements
FireEye, Inc.
Software
2014
Design Statement of Work A-1 to Flextronics Design and Manufacturing Services Agreement Project Title: ROBO Inventory Agreement
Services Agreements
FireEye, Inc.
2014
SIXTH AMENDMENT
FireEye, Inc.
2014
SEVENTH AMENDMENT
FireEye, Inc.
Software
2014
[] Shares FIREEYE, INC. COMMON STOCK $0.0001 PAR VALUE PER SHARE UNDERWRITING AGREEMENT
Underwriting Agreements
FireEye, Inc.
2014
FIREEYE, INC. 2013 EQUITY INCENTIVE PLAN
Bonus & Incentive Agreements
FireEye, Inc.
2014
MANDIANT CORPORATION 2011 EQUITY INCENTIVE PLAN ADOPTED BY THE BOARD OF DIRECTORS:APRIL 6, 2011 APPROVED BY THE STOCKHOLDERS:APRIL 6, 2011 TERMINATION DATE: APRIL 5, 2021
Bonus & Incentive Agreements
FireEye, Inc.
Software
DE
2014
AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT
Loan Agreements
FireEye, Inc.
2014
FIREEYE, INC. AMENDED AND RESTATED INVESTORS RIGHTS AGREEMENT DECEMBER 30, 2013 TABLE OF CONTENTS
Investor Rights Agreements
FireEye, Inc.
Software
DE
2014
AGREEMENT AND PLAN OF REORGANIZATION BY AND AMONG FIREEYE,INC. MERCURY MERGER CORPORATION MERCURY MERGER LLC MANDIANT CORPORATION AND SHAREHOLDERREPRESENTATIVE SERVICES LLC AS...
Plan of Reorganization Agreements
FireEye, Inc.
2014
Exhibit A Change of Control Severance Policy for Officers (adopted and effective July 30, 2013)
Change of Control Agreements
FireEye, Inc.
2014
CONSIDERATION HOLDBACK AGREEMENT
FireEye, Inc.
Software
CA
2014
KEY EMPLOYEE NON-COMPETITION AGREEMENT
Non-Competition Agreements
FireEye, Inc.
2014
Shares FIREEYE, INC. COMMON STOCK $0.0001 PAR VALUE PER SHARE UNDERWRITING AGREEMENT
Underwriting Agreements
FireEye, Inc.
Software
CA
2013
FIREEYE, INC. 2008STOCK PLAN ADOPTED ON FEBRUARY 13, 2008 AND LAST AMENDED ON AUGUST 19, 2013 TABLE OF CONTENTS
FireEye, Inc.
2013
FIREEYE, INC. 2013 EQUITY INCENTIVE PLAN
Bonus & Incentive Agreements
FireEye, Inc.
Software
DE
2013
FIREEYE, INC. 2013 EMPLOYEE STOCK PURCHASE PLAN
Stock Agreements
FireEye, Inc.
2013
CONFIDENTIAL TREATMENT REQUESTED CONFIDENTIAL PORTIONS OF THIS DOCUMENT HAVE BEENREDACTED AND HAVE BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION
FireEye, Inc.
Software
2013
SILICON VALLEY CA-I, LLC, a Delaware limited liability company, Landlord, and FIREEYE, INC., a Delaware corporation, Tenant TABLE OF CONTENTS
Limited Liability Company Agreements
FireEye, Inc.
Software
CA
2013
FIREEYE, INC. August 1, 2013
FireEye, Inc.
2013
FIREEYE, INC. August 1, 2013
FireEye, Inc.
2013
FIREEYE, INC. August 1, 2013
FireEye, Inc.
Software
CA
2013
FIREEYE, INC. August 1, 2013
FireEye, Inc.
2013
FireEye, Inc. Change of Control Severance Policy for Officers (adopted and effective July 30, 2013)
Change of Control Agreements
FireEye, Inc.
2013
FIREEYE, INC. INDEMNIFICATION AGREEMENT
Indemnification Agreements
FireEye, Inc.
Software
DE
2013
AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT
Loan Agreements
FireEye, Inc.
Software
CA
2013
SILICON VALLEY CA-I, LLC, a Delaware limited liability company, Landlord, and FIREEYE, INC., a Delaware corporation, Tenant TABLE OF CONTENTS
Limited Liability Company Agreements
FireEye, Inc.
Software
CA
2013
LEASE SILICON VALLEY CA-I, LLC, a Delaware limited liability company, Landlord, and NEXTG NETWORKS, INC., a Delaware corporation, Tenant TABLE OF CONTENTS
Lease Agreements
FireEye, Inc.
2013
FIREEYE, INC. 2004 STOCK OPTION PLAN As Adopted on August 26, 2004 As Amended on November 11, 2005 and February 13, 2008 (effectively cancelled on February 13, 2008)
Stock Agreements
FireEye, Inc.
Software
CA
2013
FIREEYE, INC. 2008STOCK PLAN ADOPTED ON FEBRUARY 13, 2008 AND LAST AMENDED ON MAY 3, 2013 TABLE OF CONTENTS
FireEye, Inc.
Software
DE
2013
FIREEYE, INC. EMPLOYEE INCENTIVE PLAN Adopted by the Compensation Committee on April 30, 2013
Bonus & Incentive Agreements
FireEye, Inc.
Software
CA
2013
1565 Reliance Way Fremont, CA 94539 USA Phone: (510) 651-8886 Fax: (510) 651-4119
FireEye, Inc.
2013
CONFIDENTIAL TREATMENT REQUESTED CONFIDENTIAL PORTIONS OF THIS DOCUMENT HAVE BEENREDACTED AND HAVE BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION
FireEye, Inc.
Software
2013
FIREEYE, INC. AMENDED AND RESTATED INVESTORS RIGHTS AGREEMENT DECEMBER 27, 2012 TABLE OF CONTENTS
Investor Rights Agreements
FireEye, Inc.
Software
DE
2013
WARRANT TO PURCHASE STOCK
Warrant Agreements
FireEye, Inc.
2013
WARRANT TO PURCHASE STOCK
Warrant Agreements
FireEye, Inc.
2013
WARRANT TO PURCHASE STOCK
Warrant Agreements
FireEye, Inc.
Software
CA
2013
WARRANT TO PURCHASE STOCK
Warrant Agreements
FireEye, Inc.
Software
CA
2013
WARRANT TO PURCHASE STOCK
Warrant Agreements
FireEye, Inc.
2013
WARRANT TO PURCHASE STOCK
Warrant Agreements
FireEye, Inc.
2013