Thorough Search/Declaration. If originals of the Initial Deliverables are not available and delivered to Purchaser prior to Closing, Seller will cause (i) such originals of the Initial Deliverables to be sent to Purchaser or Purchaser’s representative promptly if and after such originals are located and (ii) an appropriate executive officer of Seller to deliver to Purchaser an declaration, executed by such officer under penalty of perjury, detailing Seller’s efforts to locate such unavailable original documents and details regarding how delivered copies were obtained; and Capitalized terms used in this Exhibit D are defined in the Patent Purchase Agreement to which this Exhibit D is attached. Exhibit E COMMON INTEREST AGREEMENT THIS COMMON INTEREST AGREEMENT (“Agreement”) is entered into between the undersigned legal counsel (“Counsel”), for themselves and on behalf of the parties they represent (as indicated below).
Thorough Search/Declaration. If originals of the Deliverables are not available and delivered to Assignee prior to Closing, Assignor will cause (i) such originals of the Initial Deliverables to be sent to Assignee or Assignee’s representative within thirty (30) calendar days after Closing if and after such originals are located. Capitalized terms used in this Exhibit D are defined in the Patent Purchase Agreement to which this Exhibit D is attached. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK *Please note parts of this Agreement are designated with an asterisk which indicates that material has been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. Huawei Inventergy Confidential 45 / 65 CONFIDENTIAL TREATMENT REQUESTED EXHIBIT E COMMON INTEREST AGREEMENT THIS COMMON INTEREST AGREEMENT ("Agreement") is entered into by and between Huawei Technologies Co., Ltd., a Chinese Corporation, having offices at Administration Building Huawei Technologies Co., Ltd. Bantian Loxxxxxx Xxxxxxxx, Xxxxxxxx 000000, P. R. China (“Assignor”), and Inventergy, Inc., a Delaware corporation, having offices at 19000 Xxxxxxx Xxxxx Xxxxxxxxx, Xxxxx 000, Xxxxxxxxx, Xxxxxxxxxx, 00000 Xxxxxx Xxxxxx xf America (“Assignee”) (Assignee and Assignor each a “Party” and together the “Parties”).
Thorough Search/Declaration. If originals of the Initial Deliverables are not available and delivered to Purchaser prior to Closing, Seller will cause (i) such originals of the Initial Deliverables to be sent to Purchaser or Purchaser's representative promptly if and after such originals are located and (ii) an appropriate executive officer of Seller to deliver to Purchaser a declaration, executed by such officer under penalty of perjury, detailing Seller's efforts to locate such unavailable original documents and details regarding how delivered copies were obtained. Capitalized terms used in this EXHIBIT D are defined in the Patent Purchase Agreement to which this EXHIBIT D is attached. EXHIBIT E SMALL ENTITY FEE EXCEPTIONS None. Rest of Exhibit left intentionally blank. EXHIBIT F
Thorough Search/Declaration. If originals of the Initial Deliverables are required under this Exhibit D but are not readily available or are not delivered to Purchaser prior to Closing, Seller will cause (i) such originals of the Initial Deliverables to be sent to Purchaser or Purchaser’s representative promptly if and after such originals are located and (ii) an appropriate executive officer of Seller to deliver to Purchaser a declaration, executed by such officer under penalty of perjury, detailing Seller’s efforts to locate such unavailable original documents and details regarding how any delivered copies of such unavailable documents were obtained. Capitalized terms used in this Exhibit D are defined in the Patent Purchase Agreement to which this Exhibit D is attached. [***] Portions of this exhibit have been omitted pursuant to a request for confidential treatment filed pursuant to Rule 24-2 promulgated under the Securities Exchange Act of 1934, as amended, and the omitted portions represented by [***] have been separately filed with the Securities and Exchange Commission. Exhibit E [***] [***] Portions of this exhibit have been omitted pursuant to a request for confidential treatment filed pursuant to Rule 24-2 promulgated under the Securities Exchange Act of 1934, as amended, and the omitted portions represented by [***] have been separately filed with the Securities and Exchange Commission. Exhibit F PRESS RELEASE [Note: Proposed press release under review by Purchaser.] After execution by both parties: AVISTAR COMMUNICATIONS MONITIZES PATENT PORFOLIO THROUGH TRANSACTION WITH INTELLECTUAL VENTURES FUND 61 LLC Agreement in principle calls for Avistar to sell the majority of its patent portfolio to Intellectual Ventures Fund 61 LLC for the sum of $$$’s
