Brocade Communications Systems Inc Sample Contracts

RECITALS
Brocade Communications Systems Inc • March 19th, 1999
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BY AND AMONG
Registration Rights Agreement • March 12th, 2002 • Brocade Communications Systems Inc • Computer communications equipment • New York
EXHIBIT 2.1 AGREEMENT AND PLAN OF REORGANIZATION
Agreement and Plan of Reorganization • March 7th, 2003 • Brocade Communications Systems Inc • Computer communications equipment • California
AMENDMENT #5 TO PURCHASE AGREEMENT
Purchase Agreement • September 13th, 2004 • Brocade Communications Systems Inc • Computer communications equipment
RECITALS
Brocade Communications Systems Inc • March 8th, 2004 • Computer communications equipment
RECITALS
Brocade Communications Systems Inc • March 8th, 2004 • Computer communications equipment
EXHIBIT 1.1 _______________ SHARES BROCADE COMMUNICATIONS SYSTEMS, INC. COMMON STOCK, PAR VALUE $0.001 PER SHARE UNDERWRITING AGREEMENT
Underwriting Agreement • May 5th, 1999 • Brocade Communications Systems Inc • Services-prepackaged software • New York
Brocade Communications Systems, Inc., Issuer AND , Trustee INDENTURE Dated as of , 200 Subordinated Debt Securities
Indenture • August 26th, 2008 • Brocade Communications Systems Inc • Computer peripheral equipment, nec • New York

Indenture, dated as of , 200 , among Brocade Communications Systems, Inc., a Delaware corporation (the “Company”), and , as trustee (the “Trustee”):

BROCADE COMMUNICATIONS SYSTEMS, INC. AND WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of January 14, 2015 1.375% Convertible Senior Notes due 2020
Indenture • January 14th, 2015 • Brocade Communications Systems Inc • Computer communications equipment • New York

INDENTURE dated as of January 14, 2015 between Brocade Communications Systems, Inc., a Delaware corporation, as issuer (the “Company,” as more fully set forth in Section 1.01) and Wells Fargo Bank, National Association, a national banking association organized under the laws of the United States of America, as trustee (the “Trustee,” as more fully set forth in Section 1.01).

To: Brocade Communications Systems, Inc. 130 Holger Way San Jose, CA 95134-1376 Attention: [Title of contact] Telephone No.: [Telephone No.] Re: [Base][Additional] Call Option Transaction January [8]1[9]2, 2015
Brocade Communications Systems Inc • January 14th, 2015 • Computer communications equipment • New York

The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between [DEALER] (“Dealer”) and Brocade Communications Systems, Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements and serve as the final documentation for the Transaction.

RECITALS
Credit Agreement • March 13th, 2000 • Brocade Communications Systems Inc • Services-prepackaged software • California
REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • January 26th, 2010 • Brocade Communications Systems Inc • Computer peripheral equipment, nec • New York

This REGISTRATION RIGHTS AGREEMENT dated January 20, 2010 (this “Agreement”) is entered into by and among Brocade Communications Systems, Inc., a Delaware corporation (the “Company”), the guarantors listed in Schedule 1 hereto (the “Guarantors”) and J.P. Morgan Securities Inc. (“JPMorgan”), Goldman, Sachs & Co., Barclays Capital Inc., Banc of America Securities LLC and Wells Fargo Securities, LLC (the “Initial Purchasers”).

RECITALS
Investors' Rights Agreement • March 19th, 1999 • Brocade Communications Systems Inc • California
FIRST AMENDMENT TO
Agreement and Plan of Reorganization • March 7th, 2003 • Brocade Communications Systems Inc • Computer communications equipment • California
BROCADE COMMUNICATIONS SYSTEMS, INC. INDEMNIFICATION AGREEMENT
Indemnification Agreement • June 6th, 2014 • Brocade Communications Systems Inc • Computer peripheral equipment, nec • Delaware

This Indemnification Agreement (this “Agreement”) is dated as of [insert date], and is between Brocade Communications Systems, Inc., a Delaware corporation (the “Company”), and [insert name of indemnitee] (“Indemnitee”).

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RECITALS
Brocade Communications Systems Inc • March 19th, 1999
January [8]1[9]2, 2015
Letter Agreement • January 14th, 2015 • Brocade Communications Systems Inc • Computer communications equipment

The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the Warrants issued by Brocade Communications Systems, Inc. (“Company”) to [DEALER] (“Dealer”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements and serve as the final documentation for the Transaction.

RECITALS
Credit Agreement • January 26th, 2001 • Brocade Communications Systems Inc • Services-prepackaged software • California
AND
Preferred Stock Rights Agreement • February 11th, 2002 • Brocade Communications Systems Inc • Computer communications equipment • Delaware
OEM AGREEMENT
Oem Agreement • May 21st, 1999 • Brocade Communications Systems Inc • Services-prepackaged software • California
RECITALS
Loan Documents • March 19th, 1999 • Brocade Communications Systems Inc
RECITALS
Brocade Communications Systems Inc • March 8th, 2004 • Computer communications equipment
THIRD AMENDMENT
Oem Purchase Agreement • March 9th, 2005 • Brocade Communications Systems Inc • Computer communications equipment
REGISTRATION RIGHTS AGREEMENT Dated January 22, 2013 among BROCADE COMMUNICATIONS SYSTEMS, INC. MORGAN STANLEY & CO. LLC and THE GUARANTORS PARTY HERETO
Registration Rights Agreement • January 22nd, 2013 • Brocade Communications Systems Inc • Computer peripheral equipment, nec • New York

THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made and entered into this 22nd day of January, 2013 among Brocade Communications Systems, Inc., a Delaware corporation (the “Company”), the Guarantors (as defined herein) and Morgan Stanley & Co. LLC and J.P. Morgan Securities LLC, as representatives (the “Representatives”) of the initial purchasers (collectively, the “Initial Purchasers”) named in Schedule I to the Purchase Agreement dated January 16, 2013, among the Company, the Guarantors and the Representatives (the “Purchase Agreement”).

ARTICLE II Right of First Offer
Right of First Offer Agreement • March 8th, 2004 • Brocade Communications Systems Inc • Computer communications equipment
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