Stec, Inc. Sample Contracts

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Security Agreement (All Assets)
Security Agreement • July 3rd, 2000 • Simple Technology Inc • Computer storage devices • Michigan
FIFTH AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • July 3rd, 2000 • Simple Technology Inc • Computer storage devices • Michigan
BETWEEN
Credit Agreement • March 15th, 2000 • Simple Technology Inc • Michigan
COMMON STOCK
Simple Technology Inc • September 6th, 2000 • Computer storage devices • New York
THIRD AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • July 3rd, 2000 • Simple Technology Inc • Computer storage devices
FIRST AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • July 3rd, 2000 • Simple Technology Inc • Computer storage devices
EQUIPMENT LEASE
Equipment Lease • March 15th, 2000 • Simple Technology Inc • California
UNDERWRITING AGREEMENT STEC, INC. 9,000,000 Shares of Common Stock Underwriting Agreement
Underwriting Agreement • August 7th, 2009 • Stec, Inc. • Computer storage devices • New York

Certain shareholders named in Schedule 2 hereto (the “Selling Shareholders”) of STEC, Inc., a California corporation (the “Company”), propose to sell to the several Underwriters listed in Schedule 1 hereto (the “Underwriters”), for which J.P. Morgan Securities Inc. and Deutsche Bank Securities Inc. are acting as representatives (the “Representatives”), an aggregate of 9,000,000 shares of Common Stock, par value $0.001 per share, of the Company (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional 1,350,000 shares of Common Stock of the Company (the “Option Shares”). The Underwritten Shares and the Option Shares are herein referred to as the “Shares”. The shares of Common Stock of the Company to be outstanding after giving effect to the sale of the Shares are referred to herein as the “Stock”.

Page ARTICLE 1 DEFINITIONS AND OTHER PROVISIONS OF GENERAL APPLICATION Section 1.1 Definitions. 2 Section 1.2 Incorporation by Reference of Trust Indenture Act. 8 Section 1.3 Compliance Certificates and Opinions. 8 Section 1.4 Form of Documents...
Note • August 3rd, 2009 • Stec, Inc. • Computer storage devices • New York

This Cross Reference Sheet shows the location in the Indenture of the provisions inserted pursuant to Sections 3.10 through 3.18, inclusive, of the Trust Indenture Act of 1939:

AGREEMENT AND PLAN OF MERGER by and among WESTERN DIGITAL CORPORATION, LODI VENTURES, INC. and STEC, INC. Dated as of June 23, 2013
Agreement and Plan of Merger • August 7th, 2013 • Stec, Inc. • Computer storage devices • Delaware

AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of June 23, 2013, by and among Western Digital Corporation, a Delaware corporation (“Parent”), Lodi Ventures, Inc., a California corporation and an indirect wholly-owned Subsidiary of Parent (“Merger Sub”) and sTec, Inc., a California corporation (the “Company”).

SEVERANCE AND CHANGE IN CONTROL AGREEMENT (Amended and Restated as of March 11, 2013)
Severance and Change in Control Agreement • March 14th, 2013 • Stec, Inc. • Computer storage devices • California

THIS AGREEMENT, effective as of March 11, 2013 (the “Effective Date”), is made by and between STEC, Inc., a California corporation, (the “Company”) and RAYMOND D. COOK (the “Executive”), a resident of the State of California.

Page ARTICLE 1 DEFINITIONS AND OTHER PROVISIONS OF GENERAL APPLICATION Section 1.1 Definitions. 6 Section 1.2 Incorporation by Reference of Trust Indenture Act. 12 Section 1.3 Compliance Certificates and Opinions. 12 Section 1.4 Form of Documents...
Indenture • August 3rd, 2009 • Stec, Inc. • Computer storage devices • New York

INDENTURE, dated as of , between STEC, INC., a California corporation (the “ Company”), having its principal office at , and , as trustee, (the “ Trustee”), the office of the Trustee at which at the date hereof its corporate trust business is principally administered being .

RECITALS:
Credit Agreement • July 3rd, 2000 • Simple Technology Inc • Computer storage devices
FORM OF UNDERWRITING AGREEMENT 14,000,000 Shares SIMPLETECH, INC. Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • October 15th, 2003 • Simpletech Inc • Computer storage devices • New York
STEC, INC. AUTOMATIC STOCK OPTION AGREEMENT (FOR NON-EMPLOYEE DIRECTORS)
Automatic Stock Option Agreement • March 30th, 2007 • Stec, Inc. • Computer storage devices • California
August 7, 2013 sTec, Inc.
Stec, Inc. • August 7th, 2013 • Computer storage devices
SIMPLETECH, INC. STOCK OPTION AGREEMENT
Stock Option Agreement • May 11th, 2005 • Simpletech Inc • Computer storage devices • California
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Amendment No. 1 Amended and Restated Real Estate Lease
Real Estate Lease • October 15th, 2003 • Simpletech Inc • Computer storage devices

This Amendment No. 1, dated April 29, 2002 (“Amendment No. 1”) is entered into by and between MDC Land, LLC, Landlord, and Simple Technology, Inc. (now SimpleTech, Inc.), Tenant, with reference to the following facts:

VOTING AGREEMENT
Voting Agreement • June 25th, 2013 • Stec, Inc. • Computer storage devices • Delaware

THIS VOTING AGREEMENT (this “Agreement”) is made and entered into as of June 23, 2013, by and between Western Digital Corporation, a Delaware corporation (“Parent”), and the undersigned shareholder (“Holder”) of sTec, Inc., a California corporation (the “Company”).

CREDIT AGREEMENT among STEC, INC. as Borrower, ITS DOMESTIC SUBSIDIARIES FROM TIME TO TIME PARTIES HERETO, as Guarantors, THE LENDERS PARTIES HERETO, and WACHOVIA BANK, NATIONAL ASSOCIATION, as Administrative Agent Dated as of July 30, 2008
Credit Agreement • August 1st, 2008 • Stec, Inc. • Computer storage devices • New York

CREDIT AGREEMENT, dated as of July 30, 2008 (this “Credit Agreement”), among STEC, Inc., a California corporation (the “Borrower”), each of those Domestic Subsidiaries of the Borrower identified as a “Guarantor” on the signature pages hereto and such other Domestic Subsidiaries of the Borrower as may from time to time become a party hereto (collectively the “Guarantors” and individually a “Guarantor”), the several banks and other financial institutions from time to time parties to this Credit Agreement (collectively the “Lenders” and individually a “Lender”) and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent for the Lenders hereunder (in such capacity, the “Administrative Agent” or the “Agent”).

STEC, INC. RESTRICTED STOCK UNIT AWARD AGREEMENT
Restricted Stock Unit Award Agreement • March 30th, 2007 • Stec, Inc. • Computer storage devices • California

STEC, Inc. (the “Corporation”) is pleased to inform you that you have been awarded Restricted Stock Units (the “Units”) under the Corporation’s 2000 Stock Incentive Plan, as amended and restated (the “Plan”). To the extent they become vested, the Units will entitle you to receive shares of the Corporation’s common stock (the “Common Stock”) in a series of installments over your period of continued Service with the Corporation.

STEC, INC. STOCK OPTION AGREEMENT
Stock Option Agreement • March 30th, 2007 • Stec, Inc. • Computer storage devices • California
FIRST AMENDMENT TO SEVERANCE AND CHANGE IN CONTROL AGREEMENT (as Amended and Restated as of March 14, 2011)
Severance and Change in Control Agreement • March 14th, 2013 • Stec, Inc. • Computer storage devices

THIS FIRST AMENDMENT TO SEVERANCE AND CHANGE IN CONTROL AGREEMENT (this “First Amendment”), is made as of November 29, 2012, by and between STEC, Inc. (the “Company”), and Manouch Moshayedi (the “Executive”). Capitalized terms used and not otherwise defined herein shall have the meanings ascribed to such terms in the Severance and Change in Control Agreement (as defined below).

SETTLEMENT AGREEMENT
Settlement Agreement • February 19th, 2009 • Stec, Inc. • Computer storage devices • California

This Settlement Agreement (the “Agreement”), effective as of the date when executed by all Parties hereto (the “Effective Date”), is made and entered into between Seagate Technology LLC, Seagate Technology International, Seagate Singapore International Headquarters Pte. Ltd., and Maxtor Corporation (collectively “Seagate”); William D. Watkins (“Mr. Watkins”); and STEC, Inc. (“STEC”) (each a “Party” and, collectively, the “Parties”).

NON-COMPETITION AND NON-SOLICITATION AGREEMENT
Non-Competition and Non-Solicitation Agreement • June 25th, 2013 • Stec, Inc. • Computer storage devices • California

This NON-COMPETITION AND NON-SOLICITATION AGREEMENT (this “Agreement”), dated as of June 23 2013, is entered into by and between Western Digital Corporation, a Delaware corporation (“WDC”) and the undersigned shareholder (“Shareholder”) of sTec, Inc., a California corporation (the “Company”).

CONSULTING SERVICES AGREEMENT
Consulting Services Agreement • June 25th, 2013 • Stec, Inc. • Computer storage devices • California

This Consulting Services Agreement (“Agreement”) is entered into and made effective as of Western Digital Corporation, by and between Western Digital Corporation, a Delaware corporation, with a business address of 3355 Michelson Drive, Irvine, CA 92612 (the “Company”), and Manouch Moshayedi, residing at (the “Consultant”).

RELEASE AND COVENANT NOT TO SUE
Stec, Inc. • June 25th, 2013 • Computer storage devices • California

This RELEASE AND COVENANT NOT TO SUE (the “Agreement”) is entered into effective as of June 23, 2013 (the “Effective Date”), by and between Western Digital Corporation, a Delaware corporation (“WDC”), and the undersigned shareholder (the “Holder”) of sTec, Inc., a California corporation (the “Company”). WDC and the Holder shall be collectively referred to herein as the “Parties” and individually as a “Party.”

STEC, INC. STOCK OPTION GRANT NOTICE AND STOCK OPTION AGREEMENT
Non-Employee Director • May 28th, 2010 • Stec, Inc. • Computer storage devices • California

STEC, Inc., a California corporation, (the “Company”), pursuant to its 2010 Incentive Award Plan, as amended from time to time (the “Plan”), hereby grants to the individual listed below (“Participant”), an option to purchase the number of shares of Common Stock set forth below (the “Option”). This Option is subject to all of the terms and conditions set forth herein and in the Stock Option Agreement attached hereto as Exhibit A (the “Stock Option Agreement”) and the Plan, each of which are incorporated herein by reference. Unless otherwise defined herein, the terms defined in the Plan shall have the same defined meanings in this Grant Notice and the Stock Option Agreement.

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