TRUSTEEIndenture • December 10th, 2003 • Finisar Corp • Semiconductors & related devices • New York
EXHIBIT 4.5 ASSET PURCHASE AGREEMENTAsset Purchase Agreement • December 10th, 2004 • Finisar Corp • Semiconductors & related devices • California
SECURITY AGREEMENTSecurity Agreement • October 19th, 1999 • Finisar Corp • Semiconductors & related devices • Massachusetts
Exhibit 2.2 AGREEMENT AND PLAN OF REORGANIZATIONAgreement and Plan of Reorganization • December 6th, 2000 • Finisar Corp • Semiconductors & related devices • California
RECITALSIndemnity Agreement • October 19th, 1999 • Finisar Corp • Semiconductors & related devices • Delaware
Exhibit 10.23 PURCHASE AGREEMENT This Purchase Agreement is made as of the 4th day of February, 2005, by and between FSI International, Inc., a Minnesota corporation ("Seller"), and Finisar Corporation, a Delaware corporation ("Purchaser"). Purchaser...Purchase Agreement • February 9th, 2005 • Finisar Corp • Semiconductors & related devices
by and betweenConfidential Treatment • January 28th, 2005 • Finisar Corp • Semiconductors & related devices
EXHIBIT 10.19 REGISTRATION RIGHTS AGREEMENT Dated as of October 15, 2003Registration Rights Agreement • December 10th, 2003 • Finisar Corp • Semiconductors & related devices • New York
VOTING AGREEMENT THIS AGREEMENT is made as of the 6th day of November, 1998, by and among Finisar Corporation, a California corporation (the "Company), Frank Levinson and Jerry Rawls (each, a "Founder" and collectively, the "Founders") and each of the...Voting Agreement • October 19th, 1999 • Finisar Corp • Semiconductors & related devices • California
AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT RELATING TO FINISAR CORPORATION CONTENTSRegistration Rights Agreement • January 28th, 2005 • Finisar Corp • Semiconductors & related devices • New York
EXHIBIT 2.5 ASSET PURCHASE AGREEMENTAsset Purchase Agreement • July 14th, 2004 • Finisar Corp • Semiconductors & related devices
PartiesFinisar Corp • October 19th, 1999 • Semiconductors & related devices
FINISAR CORPORATION AND AMERICAN STOCK TRANSFER & TRUST COMPANY Rights Agent RIGHTS AGREEMENT Dated as of September 25, 2002Rights Agreement • September 27th, 2002 • Finisar Corp • Semiconductors & related devices • Delaware
This Rights Agreement (“Rights Agreement”), is dated as of September 25, 2002, between Finisar Corporation, a Delaware corporation (the “Company”), and American Stock Transfer & Trust Company (the “Rights Agent”).
COMMERCIAL LEASE FERGUSON OAKS BUSINESS PARK MOUNTAIN VIEW, CALIFORNIA 1. PARTIES. THIS LEASE is made and entered into as of the 3rd day of April 1997, by and between DM GROUP VIII, a California limited partnership, and DM Group VIII-E, a California...Commercial Lease • October 19th, 1999 • Finisar Corp • Semiconductors & related devices • California
29 APRIL 2004Registration Rights Agreement • July 14th, 2004 • Finisar Corp • Semiconductors & related devices • New York
EXHIBIT 10.18 COLLATERAL PLEDGE AND SECURITY AGREEMENT Dated as of October 15, 2003Collateral Pledge and Security Agreement • December 10th, 2003 • Finisar Corp • Semiconductors & related devices • New York
WITNESSETH:Assignment and Assumption of Purchase and Sale Agreement • February 9th, 2005 • Finisar Corp • Semiconductors & related devices
LEASE AGREEMENT BY AND BETWEENLease Agreement • October 19th, 1999 • Finisar Corp • Semiconductors & related devices • California
SECURITIES PURCHASE AGREEMENT FINISAR CORPORATION NOVEMBER 6, 1998Securities Purchase Agreement • October 19th, 1999 • Finisar Corp • Semiconductors & related devices • California
REGISTRATION RIGHTS AGREEMENT Dated as of October 15, 2001 among Finisar Corporation, Merrill Lynch, Pierce, Fenner & Smith Incorporated, and CIBC World Markets Corp.Registration Rights Agreement • December 12th, 2001 • Finisar Corp • Semiconductors & related devices • New York
This Registration Rights Agreement (the "Agreement") is made and entered into this 15th day of October, 2001, among Finisar Corporation, a Delaware corporation (the "Company"), Merrill Lynch, Pierce, Fenner & Smith Incorporated, J.P. Morgan Securities Inc. and CIBC World Markets Corp. (each, an "Initial Purchaser," and collectively, the "Initial Purchasers").
EXHIBIT 2.1 ============================================================================== AGREEMENT AND PLAN OF REORGANIZATIONAgreement and Plan of Reorganization • November 1st, 2000 • Finisar Corp • Semiconductors & related devices • California
REGISTRATION RIGHTS AGREEMENT Dated as of October 15, 2009 between FINISAR CORPORATION and PIPER JAFFRAY & CO.Registration Rights Agreement • October 15th, 2009 • Finisar Corp • Semiconductors & related devices • New York
REGISTRATION RIGHTS AGREEMENT, dated as of October 15, 2009 (the “Agreement”), between Finisar Corporation, a Delaware corporation (the “Company”), and Piper Jaffray & Co (the “Initial Purchaser”), who are parties to that certain Purchase Agreement, dated October 8, 2009 (the “Purchase Agreement”). In order to induce the Initial Purchaser to enter into the Purchase Agreement, the Company has agreed to provide the registration rights set forth in this Agreement. The execution of this Agreement is a condition to the closing under the Purchase Agreement.
MASTER SALE AND PURCHASE AGREEMENT regarding the sale and purchase of certain assets pertaining to theMaster Sale and Purchase Agreement • January 28th, 2005 • Finisar Corp • Semiconductors & related devices
FORM OF VOTING AGREEMENT (Optium Stockholder)Voting Agreement • May 16th, 2008 • Finisar Corp • Semiconductors & related devices • Delaware
THIS VOTING AGREEMENT is made and entered into as of May 15, 2008 by and between Finisar Corporation, a Delaware corporation ("Finisar"), and the undersigned stockholder (the "Stockholder") of Optium Corporation, a Delaware corporation ("Optium").
COLLATERAL PLEDGE AND SECURITY AGREEMENT Dated as of October 15, 2001 among FINISAR CORPORATION as Pledgor, U.S. BANK TRUST NATIONAL ASSOCIATION as Trustee, and U.S. BANK NATIONAL ASSOCIATION as Collateral AgentCollateral Pledge and Security Agreement • December 12th, 2001 • Finisar Corp • Semiconductors & related devices • New York
Pursuant to Section 3(e) of the Collateral Pledge and Security Agreement (as supplemented from time to time, the "Pledge Agreement") dated as of October 15, 2001, among Finisar Corporation, a Delaware corporation (the "Pledgor"), U.S. Bank Trust National Association, a national banking association, as trustee (the "Trustee") for the holders of the $100 million aggregate principal amount (or up to $125 million aggregate principal amount if the Initial Purchaser's overallotment option is exercised) of 51/4% Convertible Subordinated Notes Due 2008 of the Pledgor and U.S. Bank National Association, a national banking association, as collateral agent and securities intermediary (the "Collateral Agent"), the undersigned officer of the Collateral Agent, on behalf of the Collateral Agent, makes the following certifications to the Pledgor and the Initial Purchasers. Capitalized terms used and not defined in this Officer's Certificate have the meanings set forth or referred to in the Pledge Agre
SECURITY AGREEMENTSecurity Agreement • December 10th, 2009 • Finisar Corp • Semiconductors & related devices • California
This SECURITY AGREEMENT (this “Agreement”), dated as of October 2, 2009, among the Grantors listed on the signature pages hereof and those additional entities that hereafter become parties hereto by executing the form of Joinder attached hereto as Annex 1 (collectively, jointly and severally, the “Grantors” and each, individually, a “Grantor”), and WELLS FARGO FOOTHILL, LLC, a Delaware limited liability company (“WFF”), in its capacity as agent for the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”).
8,640,000 Shares FINISAR CORPORATION COMMON STOCK, $0.001 PAR VALUE PER SHARE UNDERWRITING AGREEMENTUnderwriting Agreement • March 18th, 2010 • Finisar Corp • Semiconductors & related devices • New York
WITNESSETH:Shareholders' Agreement • October 19th, 1999 • Finisar Corp • Semiconductors & related devices • California
CREDIT AGREEMENT by and among FINISAR CORPORATION and OPTIUM CORPORATION as Borrowers, THE LENDERS THAT ARE SIGNATORIES HERETO as the Lenders, and WELLS FARGO FOOTHILL, LLC as the Agent Dated as of October 2, 2009Credit Agreement • December 10th, 2009 • Finisar Corp • Semiconductors & related devices • California
THIS CREDIT AGREEMENT (this “Agreement”), is entered into as of October 2, 2009, by and among the lenders identified on the signature pages hereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), WELLS FARGO FOOTHILL, LLC, a Delaware limited liability company, as agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, “Agent”). FINISAR CORPORATION, a Delaware corporation (“Parent”), and OPTIUM CORPORATION, a Delaware corporation, (“Optium” and Parent are referred to hereinafter each individually as a “Borrower”, and individually and collectively, jointly and severally, as the “Borrowers”).
DEFERRED STOCK AWARD AGREEMENT UNDER THE OPTIUM CORPORATION 2006 STOCK OPTION AND INCENTIVE PLANDeferred Stock Award Agreement • December 17th, 2008 • Finisar Corp • Semiconductors & related devices
Pursuant to the Optium Corporation 2006 Stock Option and Incentive Plan (the “Plan”) as amended through the date hereof, Optium Corporation (the “Company”) hereby grants a Deferred Stock Award (an “Award”) consisting of the number of phantom stock units listed as “Restricted Stock Units” above (the “Restricted Stock Units”) to the Grantee named above. Each Restricted Stock Unit shall relate to one share of Common Stock, par value $.01 per share (the “Stock”) of the Company specified above, subject to the restrictions and conditions set forth herein and in the Plan.
AMENDED AND RESTATED EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • January 7th, 2009 • Finisar Corp • Semiconductors & related devices • Pennsylvania
This AMENDED AND RESTATED EXECUTIVE EMPLOYMENT AGREEMENT (“Agreement”) is made as of the 31st day of December, 2008, between Finisar Corporation, a Delaware corporation (the “Company”), and Eitan Gertel (“Executive”).
FINISAR CORPORATION RESTRICTED STOCK UNIT ISSUANCE AGREEMENTRestricted Stock Unit Issuance Agreement • September 8th, 2016 • Finisar Corp • Semiconductors & related devices • California
LOAN AGREEMENT BY AND BETWEENLoan Agreement • October 19th, 1999 • Finisar Corp • Semiconductors & related devices • Massachusetts
AGREEMENT AND PLAN OF MERGER among FINISAR CORPORATION, a Delaware corporation ("Finisar"), FIG COMBINATION CORPORATION, a Delaware corporation and wholly- owned subsidiary of Finisar, and OPTIUM CORPORATION, a Delaware corporation Dated as of May 15,...Agreement and Plan of Merger • May 16th, 2008 • Finisar Corp • Semiconductors & related devices • Delaware
THIS AGREEMENT AND PLAN OF MERGER is made and entered into as of May 15, 2008 by and among Finisar Corporation, a Delaware corporation ("Finisar"), Fig Combination Corporation, a Delaware corporation and a wholly-owned subsidiary of Finisar ("Sub"), and Optium Corporation, a Delaware corporation ("Optium").
FINISAR CORPORATION PURCHASE AGREEMENTPurchase Agreement • March 6th, 2014 • Finisar Corp • Semiconductors & related devices • New York
Finisar Corporation, a Delaware corporation (the “Company”), proposes to issue and sell to Merrill Lynch, Pierce, Fenner & Smith Incorporated (the “Initial Purchaser”) an aggregate of $225,000,000 principal amount of its 0.50% Convertible Senior Notes due 2033 (the “Firm Securities”). In addition, the Company has granted to the Initial Purchaser an option to purchase up to an additional aggregate of $33,750,000 principal amount of its 0.50% Convertible Senior Notes due 2033 (the “Option Securities”) as provided in Section 3 hereof. The Firm Securities and, if and to the extent such option is exercised, the Option Securities, are collectively called the “Securities.” The Securities will be convertible into shares (the “Underlying Securities”) of common stock of the Company, $0.001 par value (the “Common Stock”). The Securities will be issued pursuant to an Indenture (the “Indenture”), to be dated as of December 16, 2013, between the Company and Wells Fargo Bank, N.A., as trustee (the “T
