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- 10-K Annual report
- 4.1 Specimen Stock Certificate
- 10.26 Employment Offer Letter Dated October 2, 2003
- 10.27 Employment Offer Letter Dated July 9, 2002
- 10.28 Severance Agreement Dated August 5, 2002
- 10.29 Employment Letter Dated June 17, 2004
- 10.32 Amended and Restated Loan and Security Agreement Dated July 31, 2004
- 10.49 Amendment to Limited Liability Company Agreement Dated December 31, 2003
- 10.53 Amendment No. 6 to Agreement of Limited Partnership Dated November 10, 2003
- 10.54 Amendment No. 7 to Agreement of Limited Partnership Dated June 29, 2004
- 10.59 Amendment No. 3 to Agreement of Limited Partnership Dated February 26, 2003
- 10.60 Amendment No. 4 to Agreement of Limited Partnership Dated December 1, 2003
- 10.61 Amendment No. 5 to Agreement of Limited Partnership Dated June 30, 2004
- 10.63 First Amendment to the Amended and Restated LLC Agreement Dated August 16, 2001
- 10.64 Corrective Amendment to Amended and Restated LLC Agreement Dated July 27, 2001
- 10.65 Second Amendment to the Amended and Restated LLC Agreement Dated October 5, 2001
- 10.66 Third Amendment to the Amended and Restated LLC Agreement Dated April 12, 2002
- 10.67 Fourth Amendment to the Amended and Restated LLC Agreement Dated August 1, 2002
- 10.68 Fifth Amendment to the Amended and Restated LLC Agreement Dated Sept. 30, 2002
- 10.69 Amendment No. 6 to Amended and Restated LLC Agreement Dated January 24, 2003
- 10.70 Amendment No. 7 to Amended and Restated LLC Agreement Dated February 3, 2003
- 10.71 Amendment No. 8 to Amended and Restated LLC Agreement Dated May 14, 2004
- 10.72 Amendment No. 9 to Amended and Restated LLC Agreement Dated May 18, 2004
- 10.75 Confirmation of Fee Waiver Dated December 31, 2003
- 10.76 Second Amendment to LLC Agreement Dated December 31, 2000
- 10.77 Third Amendment to LLC Agreement Dated July 31, 2001
- 10.78 Fourth Amendment to LLC Agreement Dated June 21, 2002
- 10.86 Limited Liability Company Agreement Dated May 14, 2004
- 10.87 Moduslink Secured Guaranty Dated August 17, 2004
- 10.88 Security Agreement Dated August 17, 2004
- 10.89 Parent Guaranty Dated July 31, 2004
- 21 Subsidiaries of the Registrant
- 23 Consent of Independent Registered Public Accounting Firm
- 31.1 Certification of the Chief Executive Officer
- 31.2 Certification of the Chief Financial Officer
- 32.1 Certification of the Chief Executive Officer
- 32.2 Certification of the Chief Financial Officer
Exhibit 10.78
FOURTH AMENDMENT TO
LIMITED LIABILITY COMPANY AGREEMENT
OF
@VENTURES PARTNERS III, LLC
THIS FOURTH AMENDMENT, effective as of the 21st day of June, 2002, to the Limited Liability Company Agreement dated as of June 30, 1999 (as amended to date, the “Agreement”), of @Ventures Partners III, LLC, a Delaware limited liability company (the “LLC”), is by and among the Capital Member and the Managing Members of the LLC. Capitalized terms used herein, and not otherwise defined herein, shall have the respective meanings ascribed to them in the Agreement.
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Members hereby amend the Agreement as follows.
1.Treatment of Guy Bradley in Respect of Event of Termination. Effective as of June 21, 2002, Guy A. Bradley’s relationship with all Employers has terminated, and such termination constitutes an Event of Forfeiture. The Members and Mr. Bradley agree that (i) such Event of Forfeiture shall not constitute a Clause Z Event, and (ii) Mr. Bradley’s Vested Percentage shall equal 100%. Therefore, effective as of the date hereof, (a) Mr. Bradley’s Percentage Interest has been reduced to zero; and (b) Mr. Bradley shall continue to retain his entire interest in all Investments in which he participates as of the date hereof. Mr. Bradley shall continue to be subject to all other provisions of the Agreement, including without limitation, Sections 3.01(b)(ii) and (iii), 3.04(b)(iv), 3.04(c) and 6.06(b), and the last sentence in the definition of the term “Event of Forfeiture.”
2.No Other Amendments. In all other respects, the Agreement is hereby ratified and confirmed.
[Signature page follows.]
IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the date first above written.
CAPITAL MEMBER: | ||
CMG @VENTURES CAPITAL CORP. | ||
By | /s/ Thomas Oberdorf | |
Name | Thomas Oberdorf | |
Title | Treasurer & Chief Financial Officer |
MANAGING MEMBERS (to be executed by the Managing Members, exclusive of Members for whom an Event of Forfeiture has occurred): |
/s/ Guy A. Bradley |
Guy A. Bradley |
NA |
Jonathan Callaghan (Event of Forfeiture) |
NA |
Brad Garlinghouse (Event of Forfeiture) |
NA |
Andrew J. Hajducky, III (Event of Forfeiture) |
/s/ Denise W. Marks |
Denise W. Marks |
/s/ Peter H. Mills |
Peter H. Mills |
/s/ David J. Nerrow, Jr. |
David J. Nerrow, Jr. |
/s/ Marc Poirier |
Marc Poirier |
/s/ David S. Wetherell |
David S. Wetherell |
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