2,700,000 Shares APPLIED OPTOELECTRONICS, INC. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • March 14th, 2014 • Applied Optoelectronics, Inc. • Semiconductors & related devices • New York
Applied Optoelectronics, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the several Underwriters named in Schedule I hereto (the “Underwriters”), and certain stockholders of the Company named in Schedule II hereto (the “Selling Stockholders”) severally and not jointly propose, subject to the terms and conditions stated herein, to sell to the Underwriters, an aggregate of 2,700,000 shares of the Company’s Common Stock, par value $0.001 per share (the “Common Stock), of which (a) 1,275,235 shares are to be issued and sold by the Company, and (b) 1,424,765 shares are to be sold by the Selling Stockholders, each Selling Stockholder selling the number of shares set forth opposite such Selling Stockholder’s name in Schedule II hereto. The aggregate of 2,700,000 shares to be purchased from the Company and the Selling Stockholders are called the “Firm Shares.” In addition, the Company has agreed to sell to the Und
COMMERCIAL SECURITY AGREEMENTSecurity Agreement • January 30th, 2015 • Applied Optoelectronics, Inc. • Semiconductors & related devices • Texas
THIS COMMERCIAL SECURITY AGREEMENT dated January 26, 2015, is made and executed between Applied Optoelectronics, Inc. ("Grantor") and East West Bank ("Lender").
EMPLOYMENT AGREEMENTEmployment Agreement • February 28th, 2018 • Applied Optoelectronics, Inc. • Semiconductors & related devices • Texas
This EMPLOYMENT AGREEMENT (this "Agreement") is dated as of August 5, 2016, by and between Applied Optoelectronics, Inc., a Delaware corporation (the "Company"), and David C. Kuo, an individual currently residing at xxxxxxxxxxxxxxxxxxxxxxxxxxx (the "Executive").
Equity Distribution AgreementEquity Distribution Agreement • March 24th, 2023 • Applied Optoelectronics, Inc. • Semiconductors & related devices • New York
APPLIED OPTOELECTRONICS, INC., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with RAYMOND JAMES & ASSOCIATES, INC. (“Raymond James” or “Agent”), as follows:
APPLIED OPTOELECTRONICS, INC. STOCK OPTION AGREEMENT (INCENTIVE AND NONQUALIFIED STOCK OPTIONS)Stock Option Agreement • August 13th, 2013 • Applied Optoelectronics, Inc. • Semiconductors & related devices
Pursuant to this Stock Option Agreement (the “Agreement”), having an effective date of the Grant Date (defined below), Applied Optoelectronics, Inc. (the “Company”) has granted you (the “Participant”) a Stock Option (“Option”) under its 2004 Incentive Share Plan, as amended (the “Plan”), to purchase the number of shares of the Company’s Common Stock at the exercise price indicated below. Undefined terms in this Agreement are defined in the Plan.
EMPLOYMENT AGREEMENT REGARDING CHANGE OF CONTROL OR SEPARATION OF SERVICEEmployment Agreement Regarding Change • August 13th, 2013 • Applied Optoelectronics, Inc. • Semiconductors & related devices • Texas
This employment agreement (“Agreement”) is made and entered into effective as of June 1, 2012 (“Effective Date”), by and between Applied Optoelectronics, Inc. (“AOI” or the “Company”), whose address is 13115 Jess Pirtle Boulevard, Sugar Land, Texas 77478, and Shu-Hua (Joshua) Yeh (“Executive”), whose address is 4F., No.111, Ln.20, Sec.2, Zhiyu Rd., Shilin Dist., Taipei City 11154, Taiwan (R.O.C.) This Agreement may sometimes refer to AOI and Executive singularly as a “Party” or collectively as the “Parties.”
between GLOBAL TECHNOLOGY INC. as Borrower and CHINA CONSTRUCTION BANK - NINGBO YINZHOU BRANCH as Lender RMB WORKING CAPITAL LOAN AGREEMENTRMB Loan Agreement • March 5th, 2015 • Applied Optoelectronics, Inc. • Semiconductors & related devices
CONSTRUCTION LOAN AGREEMENTConstruction Loan Agreement • January 30th, 2015 • Applied Optoelectronics, Inc. • Semiconductors & related devices • Texas
THIS CONSTRUCTION LOAN AGREEMENT dated January 26, 2015, is made and executed between Applied Optoelectronics, Inc. ("Borrower") and East West Bank ("Lender") on the following terms and conditions. Borrower has applied to Lender for one or more loans for purposes of constructing the Improvements on the Real Property described below. Lender is willing to lend the loan amount to Borrower solely under the terms and conditions specified in this Agreement and in the Related Documents, to each of which Borrower agrees. Borrower understands and agrees that: (A) in granting, renewing, or extending any Loan, Lender is relying upon Borrower's representations, warranties, and agreements as set forth in this Agreement, and (B) all such Loans shall be and remain subject to the terms and conditions of this Agreement.
Office Lease AgreementOffice Lease Agreement • August 13th, 2013 • Applied Optoelectronics, Inc. • Semiconductors & related devices
GLOBAL TECHNOLOGY INC.RMB Working Capital Loan Agreement • August 12th, 2014 • Applied Optoelectronics, Inc. • Semiconductors & related devices
This RMB Loan Agreement (the “Contract”) is entered into in order for the company’s daily operation expense [, including material purchase payment and employee’s salary], by and between:
APPLIED OPTOELECTRONICS, INC. Incentive Stock Option AgreementIncentive Stock Option Agreement • August 13th, 2013 • Applied Optoelectronics, Inc. • Semiconductors & related devices • Texas
Applied Optoelectronics, Inc., a Texas corporation (the “Company”), hereby grants as of the , to (the “Employee”), an option (the “Stock Option”) to purchase a maximum of shares (the “Option Shares”) of its Common Stock, with no par value (“Common Stock”), at the price of per share (the “Option Price”), on the terms and conditions contained in this Incentive Stock Option Agreement (the “Agreement”):
APPLIED OPTOELECTRONICS, INC. AMENDED AND RESTATED REVOLVING CREDIT NOTEApplied Optoelectronics, Inc. • June 30th, 2016 • Semiconductors & related devices
FOR VALUE RECEIVED, APPLIED OPTOELECTRONICS, INC., a Delaware corporation (the “Borrower”), promises to pay to the order of COMERICA BANK (the “Lender”) the principal amount of TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000) or, if less, the aggregate amount of Facility B Revolving Loans (as defined in the Credit Agreement referred to below) made by the Lender to the Borrower pursuant to the Credit Agreement referred to below outstanding on the Expiration Date (as defined in such Credit Agreement) or in such amounts on such earlier dates as may be provided in such Credit Agreement.
MAKER: Applied Optoelectronics, Inc. NOTE MODIFICATION AGREEMENT xxxxxxxxxxNote Modification Agreement • January 5th, 2022 • Applied Optoelectronics, Inc. • Semiconductors & related devices • Texas
This Note Modification Agreement (hereinafter referred to as “Agreement”) is made and entered into as of this 29th day of December, 2021 by APPLIED OPTOELECTRONICS, INC., as maker(s) and co-maker(s), if any, of the Promissory Note as defined below (whether one or more, hereinafter referred to jointly and severally as “Borrower”), in favor of TRUIST BANK, a North Carolina banking corporation f/k/a Branch Banking and Trust Company, a North Carolina banking corporation (including its successors and assigns, hereinafter referred to as “Bank”).
LOAN, SECURITY AND GUARANTEE AGREEMENT Dated as of November 16, 2022 APPLIED OPTOELECTRONICS, INC., and CERTAIN OTHER PERSONS FROM TIME TO TIME DESIGNATED AS A BORROWER HEREUNDER, as Borrowers, CERTAIN OTHER PERSONS FROM TIME TO TIME DESIGNATED AS A...Loan, Security and Guarantee Agreement • November 21st, 2022 • Applied Optoelectronics, Inc. • Semiconductors & related devices • New York
Shares APPLIED OPTOELECTRONICS, INC. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • September 20th, 2013 • Applied Optoelectronics, Inc. • Semiconductors & related devices • New York
SECOND AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 13th, 2013 • Applied Optoelectronics, Inc. • Semiconductors & related devices
This Second Amendment to Amended and Restated Loan and Security Agreement is entered into as of October 28, 2010 (the “Amendment”), by and between APPLIED OPTOELECTRONICS, INC (“Borrower”) and EAST WEST BANK (“Bank”).
FOURTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 13th, 2013 • Applied Optoelectronics, Inc. • Semiconductors & related devices
This Fourth Amendment to Amended and Restated Loan and Security Agreement is entered into as of May 5th, 2011 (the “Amendment”), by and between APPLIED OPTOELECTRONICS, INC (“Borrower”) and EAST WEST BANK (“Bank”).
SEVENTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 13th, 2013 • Applied Optoelectronics, Inc. • Semiconductors & related devices
This Seventh Amendment to Amended and Restated Loan and Security Agreement is entered into as of June 29, 2012 (the “Amendment”), by and between APPLIED OPTOELECTRONICS, INC (“Borrower”) and EAST WEST BANK (“Bank”).
Credit Granting Agreement No.: xxxxxxxxxxGranting Agreement • October 22nd, 2020 • Applied Optoelectronics, Inc. • Semiconductors & related devices • Hong Kong
Based on Party B's application, Party A hereby agrees to provide Party B with a credit line. Party A and Party B have reached consensus on the following terms and have entered into this Credit Granting Agreement (“Agreement”) through sufficient mutual negotiation in accordance with the relevant laws and regulations.
EIGHTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 13th, 2013 • Applied Optoelectronics, Inc. • Semiconductors & related devices
This Eighth Amendment to Amended and Restated Loan and Security Agreement is entered into as of November 2nd, 2012 (the “Amendment”), by and between APPLIED OPTOELECTRONICS, INC. (“Borrower”) and EAST WEST BANK (“Bank”).
Taishin International Bank Credit Facility AgreementCredit Facility Agreement • August 8th, 2019 • Applied Optoelectronics, Inc. • Semiconductors & related devices
The Customer of this Agreement (hereinafter referred to as "the Customer") hereby has made an agreement with Taishin International Bank (hereinafter referred to as "the Bank") on that, for any credit facility transactions made with the Bank now and in the future, if the total amount of credit granted is within the scope of any of the following:
SIXTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 13th, 2013 • Applied Optoelectronics, Inc. • Semiconductors & related devices
This Sixth Amendment to Amended and Restated Loan and Security Agreement is entered into as of March 29, 2012 (the “Amendment”), by and between APPLIED OPTOELECTRONICS, INC (“Borrower”) and EAST WEST BANK (“Bank”).
General Credit Facility AgreementGeneral Credit Facility Agreement • March 13th, 2015 • Applied Optoelectronics, Inc. • Semiconductors & related devices • New Taipei
The undersigned, Applied Optoelectronics, Inc., Taiwan Branch. (hereinafter referred to as “Borrower”) and it guarantor (hereinafter referred to as “Guarantor”, together with the Borrower, the "Undersigned") hereby agree to the terms and conditions set forth below in addition to the General Loan Agreement, Letter of Joint Guarantee and other signed instruments with respect to the credit facility extended by E. Sun Commercial Bank, Ltd. (hereinafter “Bank”):
APPLIED OPTOELECTRONICS, INC. REVOLVING CREDIT NOTEApplied Optoelectronics, Inc. • July 7th, 2015 • Semiconductors & related devices
FOR VALUE RECEIVED, APPLIED OPTOELECTRONICS, INC., a Delaware corporation (the “Borrower”), promises to pay to the order of EAST WEST BANK (the “Lender”) the principal amount of TWELVE MILLION DOLLARS ($12,000,000) or, if less, the aggregate amount of Facility A Revolving Loans (as defined in the Credit Agreement referred to below) made by the Lender to the Borrower pursuant to the Credit Agreement referred to below outstanding on the Expiration Date (as defined in such Credit Agreement) or in such amounts on such earlier dates as may be provided in such Credit Agreement.
FIRST (1st) AMENDMENT TO THE LEASE BETWEEN APPLIED OPTOELECTRONICS, INC. and 12808 W. AIRPORT, LLC.Applied Optoelectronics, Inc. • August 13th, 2013 • Semiconductors & related devices
Landlord and Tenant agree to change commencement date of the Lease for the Premises commonly known as “Suite 175” at the 12808 W. Airport office building from May 1, 2012 to June 1, 2012.
Applied Optoelectronics, Inc. PURCHASE AGREEMENTPurchase Agreement • December 5th, 2023 • Applied Optoelectronics, Inc. • Semiconductors & related devices • New York
Applied Optoelectronics, Inc., a Delaware corporation (the “Company”), hereby confirms its agreement with you (the “Initial Purchaser”), as set forth below.
FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 13th, 2013 • Applied Optoelectronics, Inc. • Semiconductors & related devices • California
This First Amendment to Amended and Restated Loan and Security Agreement is entered into as of May 3, 2010 (the “Amendment”), by and between EAST WEST BANK as successor in interest and assignee to East West Bank (“Bank”) and Applied Optoelectronics, Inc., a Texas corporation (“Borrower”).
APPLIED OPTOELECTRONICS, INC. TERM NOTEApplied Optoelectronics, Inc. • June 30th, 2016 • Semiconductors & related devices
FOR VALUE RECEIVED, APPLIED OPTOELECTRONICS, INC., a Delaware corporation (the “Borrower”), promises to pay to the order of COMERICA BANK (the “Lender”) the principal amount of FIVE MILLION DOLLARS ($5,000,000), or, if less, the aggregate amount of Term Loan 2s (as defined in the Credit Agreement referred to below) made by the Lender to the Borrower pursuant to the Credit Agreement referred to below outstanding on the Term Loan 2 Maturity Date (as defined in the Credit Agreement) or in such amounts on such earlier dates as are provided for in the Credit Agreement.
THIRD AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 13th, 2013 • Applied Optoelectronics, Inc. • Semiconductors & related devices • California
This Third Amendment to Amended and Restated Loan and Security Agreement is entered into as of December 6, 2010 (the “Amendment”), by and between APPLIED OPTOELECTRONICS, INC (“Borrower”) and EAST WEST BANK (“Bank”).
APPLIED OPTOELECTRONICS, INC. AMENDED AND RESTATED TERM NOTEApplied Optoelectronics, Inc. • June 30th, 2016 • Semiconductors & related devices
FOR VALUE RECEIVED, APPLIED OPTOELECTRONICS, INC., a Delaware corporation (the “Borrower”), promises to pay to the order of COMERICA BANK (the “Lender”) the principal amount of FIVE MILLION DOLLARS ($5,000,000), or, if less, the aggregate amount of Term Loan 1s (as defined in the Credit Agreement referred to below) made by the Lender to the Borrower pursuant to the Credit Agreement referred to below outstanding on the Term Loan 1 Maturity Date (as defined in the Credit Agreement) or in such amounts on such earlier dates as are provided for in the Credit Agreement.
APPLIED OPTOELECTRONICS, INC. NOTICE OF RESTRICTED STOCK UNIT AWARDRestricted Stock Unit Award Agreement • August 13th, 2013 • Applied Optoelectronics, Inc. • Semiconductors & related devices
Subject to the terms and conditions of this Notice of Restricted Stock Unit Award (this “Notice”), the Restricted Stock Unit Award Agreement attached hereto (the “Award Agreement”), and the Applied Optoelectronics, Inc. 2013 Equity Incentive Plan (the “Plan”), the below individual (the “Participant”) is hereby granted the below number of Restricted Stock Units (the “RSUs”) in Applied Optoelectronics, Inc. (the “Company”). Unless otherwise specifically indicated, all terms used in this Notice shall have the meaning as set forth in the Award Agreement or the Plan.
Working Capital Loan ContractApplied Optoelectronics, Inc. • May 13th, 2019 • Semiconductors & related devices • Hong Kong
The Borrower applies to the Lender for a working capital loan to meet its working capital need; and the Lender agrees to grant the loan to the Borrower under the terms and conditions contained herein after examination. NOW, THEREFORE, the parties, in accordance with relevant laws, regulations, and rules of the People’s Republic of China, enter into this Agreement through amicable negotiation for the purpose of specifying their respective rights and obligations, and agree to jointly abide by it.
Maximum Mortgage ContractApplied Optoelectronics, Inc. • June 10th, 2022 • Semiconductors & related devices
WHEREAS, the Debtor and the Mortgagee will enter into a series of contracts on creditor's rights and debts (hereinafter referred to as the "Master Contract") according to the period and maximum amount as specified in Article 2 hereof, and the Mortgagor is willing to provide the maximum mortgage guarantee for the Debtor's debts owed to the Mortgagee under the Master Contract. NOW, THEREFORE, to guarantee the creditor's rights of the Mortgagee, the parties, in accordance with relevant national laws and regulations, hereby enter into this Contract through amicable negotiation.
FIFTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 13th, 2013 • Applied Optoelectronics, Inc. • Semiconductors & related devices
This Fifth Amendment to Amended and Restated Loan and Security Agreement is entered into as of November 30, 2011 (the “Amendment”), by and between APPLIED OPTOELECTRONICS, INC (“Borrower”) and EAST WEST BANK (“Bank”).
APPLIED OPTOELECTRONICS, INC. NOTICE OF STOCK APPRECIATION RIGHT AWARDAward Agreement • August 13th, 2013 • Applied Optoelectronics, Inc. • Semiconductors & related devices
Subject to the terms and conditions of this Notice of Stock Appreciation Right Award (this “Notice”), the Stock Appreciation Right Award Agreement attached hereto (the “Award Agreement”), and the Applied Optoelectronics, Inc. 2013 Equity Incentive Plan (the “Plan”), the below individual (the “Participant”) is hereby granted the below number of Stock Appreciation Rights (the “SARs”) in Applied Optoelectronics, Inc. (the “Company”). Unless otherwise specifically indicated, all terms used in this Notice shall have the meaning as set forth in the Award Agreement or the Plan.
