AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • May 7th, 1999 • Box Hill Systems Corp • Computer storage devices • New York
WITNESSETH:Employment Agreement • September 16th, 1997 • Box Hill Systems Corp • Computer storage devices • New York
Box Hill Systems Corp. 4,600,000 Shares* Common Stock ($.01 par value)Box Hill Systems Corp • August 27th, 1997 • Computer storage devices • New York
2 3 9.1 Subject to the Company not then being in default of its obligations under this Agreement, Executive, for a period ending one year following the last day of his employment as an Executive by the Company (the "Non-competition Period"), shall not...Employment Agreement • July 23rd, 1997 • Box Hill Systems Corp • New York
AMENDMENTAmendment Agreement • March 29th, 2000 • Dot Hill Systems Corp • Computer storage devices
RIGHTS AGREEMENTRights Agreement • May 19th, 2003 • Dot Hill Systems Corp • Computer storage devices • Delaware
THIS RIGHTS AGREEMENT ("Agreement"), dated as of May 19, 2003, between DOT HILL SYSTEMS CORP., a Delaware corporation (the "Company"), and AMERICAN STOCK TRANSFER & TRUST COMPANY ("Rights Agent").
WITNESSETH:Employment Agreement • September 16th, 1997 • Box Hill Systems Corp • Computer storage devices • New York
WITNESSETH:Voting Agreement • May 7th, 1999 • Box Hill Systems Corp • Computer storage devices • New York
LEASE MODIFICATION AGREEMENT ---------------------------- DATED: May 29, 1998 Reference is hereby made to the lease dated December 23rd, 1993 between Earle W. Kazis Associates, Inc., agent for Earle W. Kazis, Ronald J. Mount and Spring and Americas...Lease Modification Agreement • March 30th, 1999 • Box Hill Systems Corp • Computer storage devices
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • January 14th, 2003 • Dot Hill Systems Corp • Computer storage devices • New York
This Securities Purchase Agreement (this "Agreement") is dated as of December 18, 2002, among Dot Hill Systems Corp., a Delaware corporation (the "Company"), and the purchasers identified on the signature pages hereto (each, including its successors and assigns, a "Purchaser" and collectively the "Purchasers").
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • January 14th, 2003 • Dot Hill Systems Corp • Computer storage devices • New York
This Agreement is made pursuant to the Securities Purchase Agreement dated as of the date hereof among the Company and the Purchasers (the "Purchase Agreement").
SUPPORT AGREEMENTSupport Agreement • August 21st, 2015 • Dot Hill Systems Corp • Computer storage devices • Delaware
This SUPPORT AGREEMENT (this “Agreement”), dated as of August 18, 2015, is by and among Seagate HDD Cayman, an exempted company with limited liability organized under the laws of the Cayman Islands (“Parent”), Denali Acquisition Sub Corp., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and [ ] (the “Stockholder”).
INDEMNITY AGREEMENT OF DOT HILL SYSTEMS CORP.Indemnity Agreement • December 13th, 2005 • Dot Hill Systems Corp • Computer storage devices • Delaware
THIS INDEMNITY AGREEMENT (this “Agreement”) is made and entered into this day of , 2005 by and between DOT HILL SYSTEMS CORP., a Delaware corporation (the “Company”), and (“Agent”).
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 5th, 2008 • Dot Hill Systems Corp • Computer storage devices • Delaware
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of the Effective Date between SILICON VALLEY BANK, a California corporation (“Bank”), and DOT HILL SYSTEMS CORP., a Delaware corporation (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
9,000,000 Shares DOT HILL SYSTEMS CORP. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • August 8th, 2003 • Dot Hill Systems Corp • Computer storage devices • New York
LEHMAN BROTHERS INC. DEUTSCHE BANK SECURITIES INC. RBC DAIN RAUSCHER INC. ROTH CAPITAL PARTNERS, LLC As Representatives of the several Underwriters named in Schedule 1, c/o Lehman Brothers Inc. 745 Seventh Avenue New York, New York 10019
EXHIBIT 10.22 [LETTERHEAD OF DOT HILL SYSTEMS CORP.] August 30, 2000 Philip Black 1718 Midwick Place Montecito, CA 93108 Letter Agreement of Termination of Employment ("Termination Agreement) from Dot Hill Systems Corp. (the "Company"). Dear Philip:...Dot Hill Systems Corp • March 30th, 2001 • Computer storage devices
STOCK PURCHASE WARRANT To Purchase Shares of Common Stock of Dot Hill Systems Corp.Stock Purchase Warrant • January 14th, 2003 • Dot Hill Systems Corp • Computer storage devices
THIS STOCK PURCHASE WARRANT CERTIFIES that, for value received, (the "Holder"), is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after December , 2002 (the "Initial Exercise Date") and on or prior to the earlier of (i) the close of business on the fifth anniversary of the Initial Exercise Date and (ii) immediately prior to the consummation of an Acquisition Transaction (as defined in the Certificate of Designation) (the "Termination Date") but not thereafter, to subscribe for and purchase from Dot Hill Systems Corp., a corporation incorporated in the State of Delaware (the "Company"), up to shares (the "Warrant Shares") of Common Stock, par value $0.001 per share, of the Company (the "Common Stock"). The purchase price of one share of Common Stock (the "Exercise Price") under this Warrant shall be $3.11, subject to adjustment hereunder. The Exercise Price and the number of Warrant Shares for which this Wa
ACQUISITION AGREEMENT BY AND AMONG SEAGATE HDD CAYMAN DENALI ACQUISITION SUB CORP. AND DOT HILL SYSTEMS CORP. August 18, 2015Acquisition Agreement • August 21st, 2015 • Dot Hill Systems Corp • Computer storage devices • Delaware
THIS ACQUISITION AGREEMENT (this “Agreement”) is made and entered into as of August 18, 2015 by and among Seagate HDD Cayman, an exempted company with limited liability organized under the laws of the Cayman Islands (“Parent”), Denali Acquisition Sub Corp., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and Dot Hill Systems Corp., a Delaware corporation (the “Company”). All capitalized terms that are used in this Agreement but not defined herein shall have the respective meanings ascribed thereto in Annex A.
RECITALSAffiliate Agreement • May 11th, 1999 • Box Hill Systems Corp • Computer storage devices • New York
QuickLinks -- Click here to rapidly navigate through this documentDot Hill Systems Corp • March 31st, 2003 • Computer storage devices • California
THIS WARRANT HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED OR ANY STATE SECURITIES LAWS. NO SALE OR DISPOSITION MAY BE EFFECTED WITHOUT (i) EFFECTIVE REGISTRATION STATEMENTS RELATED THERETO, (ii) AN OPINION OF COUNSEL OR OTHER EVIDENCE, REASONABLY SATISFACTORY TO THE COMPANY, THAT SUCH REGISTRATIONS ARE NOT REQUIRED, (iii) RECEIPT OF NO-ACTION LETTERS FROM THE APPROPRIATE GOVERNMENTAL AUTHORITIES, OR (iv) OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 7 OF THIS WARRANT.
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • March 20th, 2009 • Dot Hill Systems Corp • Computer storage devices • California
This AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the “Agreement”) is made and entered into effective as of March 16, 2009 (the “Effective Date”), by and between DOT HILL SYSTEMS CORP., a Delaware corporation (the “Company”), and HANIF JAMAL (the “Executive”). The Company and the Executive are hereinafter collectively referred to as the “Parties”, and individually referred to as a “Party”. This Agreement shall replace and supersede that certain Employment Agreement between Executive and the Company entered into effective as of December 18, 2008 (the “Prior Agreement”).
PRODUCT SUPPLEMENT/AWARD LETTER (BLADE)Dot Hill Systems Corp • August 2nd, 2002 • Computer storage devices
This Product Supplement/Award Letter (this "Award Letter") is made on and as of the 24th day of May, 2002 ("Effective Date") by and between Sun Microsystems, Inc. ("Sun") and Dot Hill Systems Corporation ("Supplier"), pursuant to the Product Purchase Agreement, dated as of May 24, 2002, Agreement No. AR-63645, made between the parties (the "Agreement"). Capitalized terms not defined in this Award Letter have the meanings set forth in the Agreement. The parties agree as follows:
ContractDot Hill Systems Corp • January 7th, 2008 • Computer storage devices • California
THIS WARRANT HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED OR ANY STATE SECURITIES LAWS. NO SALE OR DISPOSITION MAY BE EFFECTED WITHOUT (i) EFFECTIVE REGISTRATION STATEMENTS RELATED THERETO, (ii) AN OPINION OF COUNSEL OR OTHER EVIDENCE, REASONABLY SATISFACTORY TO THE COMPANY, THAT SUCH REGISTRATIONS ARE NOT REQUIRED, (iii) RECEIPT OF NO-ACTION LETTERS FROM THE APPROPRIATE GOVERNMENTAL AUTHORITIES, OR (iv) OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 7 OF THIS WARRANT.
EXHIBIT 10.24 WELLS FARGO BANK REVOLVING LINE OF CREDIT NOTE ------------------ --------------------------------------------------------------Dot Hill Systems Corp • March 30th, 2001 • Computer storage devices • California
Exhibit 10.6 FIBRE CHANNEL DRIVER SOFTWARE LICENSE This License Agreement ("License") between Emulex Corporation ("Emulex"), with offices at 3535 Harbor Boulevard, Costa Mesa, CA 92626, and Box Hill Systems Corp., ("Licensee"), with offices at 161...Channel Driver Software License • August 27th, 1997 • Box Hill Systems Corp • Computer storage devices • California
RECITALSCredit Agreement • March 30th, 2001 • Dot Hill Systems Corp • Computer storage devices • California
FIRST AMENDMENT TO MANUFACTURING AGREEMENT AND AWARD LETTERManufacturing Agreement • August 9th, 2005 • Dot Hill Systems Corp • Computer storage devices
THIS FIRST AMENDMENT (the “First Amendment”) to the Manufacturing Agreement made on and as of May 20, 2002, (the “Agreement”) and related Award Letter made on and as of May 20, 2002 to the Agreement (the “Award Letter”) is hereby made and entered into as of March 10, 2005 (the “First Amendment Effective Date”), by and between DOT HILL SYSTEMS CORPORATION, a Delaware corporation, (hereinafter “Dot Hill”) whose principal place of business is 6305 El Camino Real, Carlsbad, California 92009, and SOLECTRON CORPORATION, a Delaware Corporation, on behalf of itself and its subsidiaries and affiliates, including but not limited to, Solectron Technology Singapore Pte. Ltd. and Solectron Europe B.V. and any other Offshore Business Headquarters (“OBHQs”), with its principal place of business at 847 Gibraltar Drive, Milpitas, California 95035 (hereinafter “Supplier”).
FIRST AMENDMENT TO LEASE AGREEMENTLease Agreement • November 9th, 2012 • Dot Hill Systems Corp • Computer storage devices • California
THIS FIRST AMENDMENT TO LEASE AGREEMENT (“Amendment”) is made and dated for reference purposes only as of July 24, 2012, by and between DL FARADAY L.P., a Delaware limited partnership (“Landlord”), and DOT HILL SYSTEMS CORPORATION, a Delaware corporation (“Tenant”), with reference to the following facts:
Second Amendment Agreement No. AR-63645-Amd 2Product Purchase Agreement • May 10th, 2004 • Dot Hill Systems Corp • Computer storage devices
This Second Amendment (the “Second Amendment”) to the Product Purchase Agreement that was made on the 22nd day of May, 2002, as amended and the Award Letters executed thereunder (the “PPA is made and entered into as of this 26 day of January, 2004 (the “Second Amendment Effective Date”) by and among Sun Microsystems, Inc., a Delaware corporation, with an office at 901 San Antonio Road, Palo Alto, California 94303 and Sun Microsystems International B.V., a Netherlands corporation, with an office at Computertweg 1, 3821 AA Amersfoot, the Netherlands (hereafter collectively referred to as “Sun”) and Dot Hill Systems Corporation, a Delaware corporation, with an office at 6305 El Camino Real, Carlsbad, California 92009 and Dot Hill Systems B.V., a Netherlands corporation, with an office at Marssteden 94, 7547 TD Enschede, the Netherlands (hereafter collectively referred to as “Supplier”). For purpose of interpretation and construction of this Second Amendment, capitalized terms included her
CHANGE OF CONTROL AGREEMENTChange of Control Agreement • July 17th, 2006 • Dot Hill Systems Corp • Computer storage devices • California
This Change Of Control Agreement (the “Agreement”) is made as of July 14, 2006 between Dot Hill Systems Corp., a Delaware corporation (the “Company”), and Hanif I. Jamal (“Employee”), contingent and effective upon Employee’s commencement of employment with the Company.
SECURITY AGREEMENTSecurity Agreement • May 10th, 2004 • Dot Hill Systems Corp • Computer storage devices • California
This Security Agreement (“Agreement”) is made this 17th day of January, 2002 (the “Effective Date”), by and between Chaparral Network Storage, Inc., a Delaware corporation (“Borrower”), and Xyratex Technology Limited, a company organized under the laws of England and Wales (“Lender”). Capitalized terms used herein without definition have the meaning given to them in the Securities Purchase Agreement dated as of the Effective Date, by and between Borrower and Lender (the “Securities Purchase Agreement”).
Manufacturing and Purchase Agreement Between Dot Hill Systems Corp. and Hon Hai Precision Industry Co. Ltd.Dot Hill Systems Corp • March 11th, 2015 • Computer storage devices
This Amendment Five Six ("Amendment") is dated November 14, 2014 (the ''Effective Date") and is an amendment to the Manufacturing and Purchase Agreement dated September 2008 (the "Agreement") between Dot Hill Systems Corp. and its subsidiaries ("Dot Hill") and Hon Hai Precision Industry Ltd, and its parents, subsidiaries and affiliate companies ("Foxconn").
Anacomp and Dot Hill Sign Service Agreement to Provide Warranty and Non- Warranty Service and On-Site Repair SupportDot Hill Systems Corp • June 4th, 2003 • Computer storage devices
SAN DIEGO and CARLSBAD, Calif., June 2, 2003—Anacomp, Inc. (OTC Bulletin Board: ANCPA) and Dot Hill Systems Corp. (Amex: HIL) announced today that they had entered into an agreement whereby Anacomp will provide exclusive on-site maintenance, warranty and non-warranty service for Dot Hill customers entering into new maintenance agreements for SANnet® I and certain legacy products. In addition, Anacomp will manage Dot Hill's non-warranty customers and be the exclusive distributor of spare parts inventory for Dot Hill's SANnet® I, Lynx Array and certain legacy products.
AMENDMENT ONE TO MANUFACTURING AND PURCHASE AGREEMENT BETWEEN DOT HILL SYSTESM CORP. AND HON HAI PRECISION INDUSTRY, LTD.Manufacturing and Purchase Agreement • May 11th, 2009 • Dot Hill Systems Corp • Computer storage devices
This Amendment No.1 (“Amendment”) is dated January 28, 2009 (the “Effective Date”) and is an amendment to the Manufacturing and Purchase Agreement dated September 2008 (the “Agreement”) between Dot Hill Systems Corp. and its subsidiaries (“Dot Hill”) and Hon Hai Precision Industry Ltd, and its parents, subsidiaries and affiliate companies (“Foxconn”).
PRODUCT SUPPLEMENT/AWARD LETTER (FC)Dot Hill Systems Corp • August 2nd, 2002 • Computer storage devices
This Product Supplement/Award Letter (this "Award Letter") is made on and as of the 24th day of May, 2002 ("Effective Date") by and between Sun Microsystems, Inc. ("Sun") and Dot Hill Systems Corporation ("Supplier"), pursuant to the Product Purchase Agreement, dated as of May 24, 2002, Agreement No. AR-63645, made between the parties (the "Agreement"). Capitalized terms not defined in this Award Letter have the meanings set forth in the Agreement. The parties agree as follows:
