KALTURA INC
For the period ended Dec 31, 2023. Filed Feb 22, 2024.
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FY2023 · Filed Feb 22, 2024
Extracted filing text, with the paragraph anchors used by the comparison.
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Item 15. Exhibits, Financial Statement Schedules
Item 15. Exhibits and Financial Statement Schedules
(a)(1) Financial Statements
See Item 8 herein.
(a)(2) Financial Statement Schedules.
All financial statement schedules have been omitted because they are not applicable, not required or the information required is shown in the financial statements or the notes thereto.
(a)(3) Exhibits.
The following is a list of exhibits filed as part of this Annual Report on Form 10-K.
| Incorporated by Reference · Filed/ | |||||
|---|---|---|---|---|---|
| ExhibitNumber · Exhibit Description · Form · File No. · Exhibit · FilingDate · FurnishedHerewith | |||||
| 3.1 | Amended and Restated Certificate of Incorporation of Kaltura, Inc. | 8-K | 001-40644 | 3.1 | 7/23/2021 |
| 3.2 | Certificate of Designations of Series A Junior Participating Preferred Stock of Kaltura, Inc. | 8-K | 001-40644 | 3.2 | 08/08/2022 |
| 3.3 | Amended and Restated Bylaws of Kaltura, Inc. | 8-K | 001-40644 | 3.2 | 7/23/2021 |
| 4.1 | Specimen Stock Certificate of Kaltura, Inc, | S-1/A | 333-253699 | 4.1 | 3/23/2021 |
| 4.2 | Sixth Amended and Restated Investor Rights Agreement, dated as of July 22, 2016, by and among Kaltura, Inc. and each of the investors listed on Exhibit A thereto, as amended. | S-1/A | 333-253699 | 4.2 | 3/23/2021 |
| 4.3 | Description of Capital Stock. | 10-K | 001-40644 | 4.4 | 2/25/2022 |
| 4.4 | Rights Agreement, dated as of August 7, 2022, between Kaltura, Inc. and American Stock Transfer & Trust Company, LLC | 8-K | 001-40644 | 4.1 | 8/8/2022 |
| 10.1 | Credit Agreement, dated as of January 14, 2021, by and among Kaltura, Inc., the several banks and other financial institutions or entities from time to time party thereto, Silicon Valley Bank, as the Issuing Lender and the Swingline Lender, and SVB, as Administrative Agent. | S-1/A | 333-253699 | 10.1 | 3/26/2021 |
| 10.2 | First Amendment to Credit Agreement, dated as of June 29, 2021, by and among Kaltura, Inc. (the “Borrower”), the subsidiaries of the Borrower party thereto, the several banks and other financial institutions or entities party thereto, and Silicon Valley Bank, as the Administrative Agent, the Issuing Lender and the Swingline Lender. | S-1/A | 333-253699 | 10.1 | 7/12/2021 |
| 10.3 | Second Amendment to Credit Agreement, dated as of December 20, 2021, by and among Kaltura, Inc. (the “Borrower”), the subsidiaries of the Borrower party thereto, the several banks and other financial institutions or entities party thereto, and Silicon Valley Bank, as the Administrative Agent, the Issuing Lender and the Swingline Lender. | 10-K | 001-40644 | 10.3 | 2/25/2022 |
| 10.4 | Third Amendment to Credit Agreement, dated as of April 19, 2022, by and among Kaltura, Inc. (the “Borrower”), the subsidiaries of the Borrower party thereto, the several banks and other financial institutions or entities party thereto, and Silicon Valley Bank, as the Administrative Agent, the Issuing Lender and the Swingline Lender. | 10-Q | 001-40644 | 10.1 | 11/08/2023 |
| 10.5 | Fourth Amendment to Credit Agreement, dated as of May 23, 2023, by and among Kaltura, Inc. (the “Borrower”), the subsidiaries of the Borrower party thereto, the several banks and other financial institutions or entities party thereto, and Silicon Valley Bank, a Division of First-Citizens Bank & Trust Company, as the Administrative Agent, the Issuing Lender and the Swingline Lender. | 10-Q | 001-40644 | 10.2 | 11/08/2023 |
| 10.6 | Fifth Amendment to Credit Agreement, dated as of December 21, 2023, by and among Kaltura, Inc. (the “Borrower”), the subsidiaries of the Borrower party thereto, the several banks and other financial institutions or entities party thereto, and Silicon Valley Bank, as the Administrative Agent, the Issuing Lender and the Swingline Lender. | 8-K | 001-40644 | 10.1 | 12/27/2023 |
| 10.7 | Guarantee and Collateral Agreement, dated as of January 14, 2021, by and among Kaltura, Inc., the other Grantors referred to therein, and Silicon Valley Bank, as administrative agent. | S-1/A | 333-253699 | 10.2 | 3/26/2021 |
| 10.8 | Debenture, dated as of January 14, 2021, by and among Kaltura Europe Limited and Kaltura, Inc., as Original Chargors, and Silicon Valley Bank, as Administrative Agent, as supplemented. | S-1/A | 333-253699 | 10.3 | 3/26/2021 |
| 10.9† | Kaltura, Inc. 2007 Israeli Share Option Plan and form of option agreements thereunder. | S-1/A | 333-253699 | 10.4 | 3/23/2021 |
| 10.10† | Kaltura, Inc. 2007 Stock Option Plan and form of option agreements thereunder. | S-1/A | 333-253699 | 10.5 | 3/23/2021 |
| 10.11† | Kaltura, Inc. 2017 Equity Incentive Plan and form of option agreements thereunder. | S-1/A | 333-253699 | 10.6 | 3/23/2021 |
| 10.12† | Kaltura, Inc. 2021 Incentive Award Plan. | S-1/A | 333-253699 | 10.7 | 3/23/2021 |
| 10.13† | Form of Stock Option Award Agreement under the Kaltura, Inc. 2021 Incentive Award Plan. | S-1/A | 333-253699 | 10.8 | 3/23/2021 |
| 10.14† | Form of Restricted Stock Unit Award Agreement under the Kaltura, Inc. 2021 Incentive Award Plan. | S-1/A | 333-253699 | 10.9 | 3/23/2021 |
| 10.15† | Employment Agreement, dated as of May 1, 2012, by and between Kaltura Ltd. and Ron Yekutiel, as amended. | 8-K | 001-40644 | 10.1 | 04/05/2022 | |
| 10.16† | Consulting Agreement by and between Kaltura, Inc. and Ron Yekutiel, effective January 1, 2018, as amended. | 8-K | 001-40644 | 10.2 | 04/05/2022 | |
| 10.17† | Consulting Agreement by and between Kaltura Europe Limited and Ron Yekutiel, effective May 1, 2014, as amended. | 8-K | 001-40644 | 10.3 | 04/05/2022 | |
| 10.20†# | Amendment to Employment Agreement, dated as of February 20, 2024, by and between Kaltura Ltd and Ron Yekutiel | * | ||||
| 10.21†# | Amendment to Consulting Agreement, dated as of February 20, 2024, by and between Kaltura Inc and Ron Yekutiel | * | ||||
| 10.22†# | Amendment to Consulting Agreement, dated as of February 20, 2024, by and between Kaltura Europe Limited and Ron Yekutiel | * | ||||
| 10.23† | Letter of Agreement with Yaron Garmazi, dated January 14, 2024. | 8-K | 001-40644 | 10.2 | 01/16/2024 | |
| 10.24† | Incentive Award Cancellation Agreement with Yaron Garmazi, dated February 13, 2024 | * | ||||
| 10.25† | Letter of Agreement with Michal Tsur dated January 14, 2024. | * | ||||
| 10.26† | Incentive Award Cancellation Agreement with Michal Tsur dated February 13, 2024 | * | ||||
| 10.27†# | Employment Agreement, dated as of December 22, 2020, by and between Kaltura Ltd. and Eynav Azaria, as amended. | * | ||||
| 10.28†# | Employment Agreement, dated as of November 26, 2020, by and between Kaltura Ltd. and Natan Israeli as amended. | * | ||||
| 10.29† | Kaltura, Inc. Non-Employee Director Compensation Policy. | S-1/A | 333-253699 | 10.17 | 3/23/2021 | |
| 10.30† | Form of RSU Award Agreement Under 2021 Incentive Award Plan - For Israeli Participants | 10-K | 001-40644 | 10.20 | 02/25/2022 | |
| 10.31† | Form of Stock Option Award Agreement Under 2021 Incentive Award Plan - For Israeli Participants | 10-K | 001-40644 | 10.21 | 02/25/2022 | |
| 10.32 | Form of Indemnification Agreement between Kaltura, Inc. and its directors and officers. | S-1/A | 333-253699 | 10.18 | 3/23/2021 | |
| 21.1 | List of Subsidiaries of Kaltura, Inc. | 10-K | 001-40644 | 21.1 | 02/25/2022 | |
| 23.1 | Consent of Kost Forer Gabbay & Kasierer, a member of Ernst & Young Global, Independent Registered Public Accounting Firm. | * | ||||
| 31.1 | Certification of Chief Executive Officer pursuant to Rule 13a-14(a)/15d-14(a). | * | ||||
| 31.2 | Certification of Chief Financial Officer pursuant to Rule 13a-14(a)/15d-14(a). | * | ||||
| 32.1 | Certification of Chief Executive Officer pursuant to 18 U.S.C. Section 1350. | ** | ||||
| 32.2 | Certification of Chief Financial Officer pursuant to 18 U.S.C. Section 1350. | ** |
| 97.1 | Policy Relating to Recovery of Erroneously Awarded Compensation | * |
| 101.INS | Inline XBRL Instance Document – the instance document does not appear in the Interactive Data File because its XBRL tags are embedded within the Inline XBRL document | * |
| 101.SCH | Inline XBRL Taxonomy Extension Schema Document | * |
| 101.CAL | Inline XBRL Taxonomy Extension Calculation Linkbase Document | * |
| 101.DEF | Inline XBRL Taxonomy Extension Definition Linkbase Document | * |
| 101.LAB | Inline XBRL Taxonomy Extension Label Linkbase Document | * |
| 101.PRE | Inline XBRL Taxonomy Extension Presentation Linkbase Document | * |
| 104 | Cover Page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101) | * |
10.28
- Filed herewith.
** Furnished herewith.
† Indicates management contract or compensatory plan.
The annex has been omitted pursuant to Item 601(a)(5) of Regulation S-K. The registrant undertakes to furnish a supplemental copy of the annex to the SEC upon request.
The text of this filing, as the company filed it with the SEC, without its images or exhibits. This is not investment advice.