Aquantia Corp Sample Contracts

FORM OF DIRECTOR & OFFICER INDEMNIFICATION AGREEMENT
Indemnification Agreement • October 6th, 2017 • Aquantia Corp • Semiconductors & related devices • Delaware

THIS INDEMNITY AGREEMENT (the “Agreement”) is made and entered into as of , 2017, between Aquantia Corp., a Delaware corporation (the “Company”), and (“Indemnitee”).

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Shares AQUANTIA CORP. COMMON STOCK PAR VALUE $0.00001 PER SHARE UNDERWRITING AGREEMENT
Underwriting Agreement • October 6th, 2017 • Aquantia Corp • Semiconductors & related devices • New York
AGREEMENT AND PLAN OF MERGER by and among: MARVELL TECHNOLOGY GROUP LTD., a Bermuda exempted company; ANTIGUA ACQUISITION CORP., a Delaware corporation; and AQUANTIA CORP. a Delaware corporation Dated as of May 6, 2019
Agreement and Plan of Merger • May 10th, 2019 • Aquantia Corp • Semiconductors & related devices • Delaware

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of May 6, 2019, by and among: MARVELL TECHNOLOGY GROUP LTD., a Bermuda exempted company (“Parent”); ANTIGUA ACQUISITION CORP., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”); and AQUANTIA CORP., a Delaware corporation (the “Company”). Certain capitalized terms used in this Agreement are defined in Exhibit A.

MASTER PURCHASE AGREEMENT FOR 10 GIGABIT ETHERNET PHYSICAL LAYER DEVICES
Master Purchase Agreement • May 16th, 2017 • Aquantia Corp • Semiconductors & related devices • Delaware

This Master Purchase Agreement for 10 Gigabit Ethernet Physical Layer Devices (“Agreement”) is intended by Buyer and Supplier to provide the governing terms and conditions under which:

VOTING AND SUPPORT AGREEMENT
Voting and Support Agreement • May 10th, 2019 • Aquantia Corp • Semiconductors & related devices • Delaware

THIS VOTING AND SUPPORT AGREEMENT (this “Agreement”) is entered into as of May 6, 2019, by and between MARVELL TECHNOLOGY GROUP LTD., a Bermuda exempted company (“Parent”), and [ ] (“Stockholder”).

Amended & Restated Employment Agreement
Employment Agreement • October 6th, 2017 • Aquantia Corp • Semiconductors & related devices • California

On behalf of Aquantia Corp. (the “Company”), this letter agreement (this “Agreement”) amends and restates the employment letter agreement between you and the Company that was effective as of June 22, 2011.

AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT
Joinder Agreement • October 6th, 2017 • Aquantia Corp • Semiconductors & related devices • California

This Amended and Restated Investors’ Rights Agreement (this “Agreement”) is made and entered into as of March 25, 2015, by and among Aquantia Corp., a Delaware corporation (the “Company”), and the persons and entities listed on Exhibit A attached hereto (the “Investors”).

FIRST AMENDMENT TO VOTING AND SUPPORT AGREEMENT
Voting and Support Agreement • May 10th, 2019 • Aquantia Corp • Semiconductors & related devices • Delaware

THIS FIRST AMENDMENT TO VOTING AND SUPPORT AGREEMENT (this “Amendment”) is made as of May 10, 2019, by and between MARVELL TECHNOLOGY GROUP LTD. (“Parent”) and [ ] (“Stockholder”). Each of Parent and Stockholder are referred to herein as a “party” or collectively as the “parties”.

Contract
Aquantia Corp • October 6th, 2017 • Semiconductors & related devices • California

[*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED.

AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • October 6th, 2017 • Aquantia Corp • Semiconductors & related devices • California

This AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT, dated as of December 16, 2014 (this “Loan Agreement”), is entered by and between AQUANTIA CORP., a Delaware corporation (“Borrower”); and PINNACLE VENTURES, L.L.C. as agent (“Agent”) for the lenders identified on Schedule 1 hereto (such lenders, together with their respective successors and assigns are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), and the Lenders. Capitalized terms used and not otherwise defined in this Loan Agreement shall have the respective meanings given to such terms in Article 10.

MASTER PURCHASE AGREEMENT FOR 10 GIGABIT ETHERNET PHYSICAL LAYER DEVICES
Master Purchase Agreement • May 4th, 2016 • Aquantia Corp • Semiconductors & related devices • Delaware

This Master Purchase Agreement for 10 Gigabit Ethernet Physical Layer Devices (“Agreement”) is intended by Buyer and Supplier to provide the governing terms and conditions under which:

First Amendment to Offer of Employment by Aquantia Corp.
Aquantia Corp • May 6th, 2019 • Semiconductors & related devices

This First Amendment (the “Amendment”) to the Offer of Employment by Aquantia Corp. (the “Company”) between the Company and David Quarles, dated February 25, 2019 (the “Offer Letter”), is made and entered into as of May 1, 2019, by and between the Company and David Quarles. The following Sections 7 and 8 are hereby added immediately following Section 6 of the Offer Letter, and Sections 7, 8, 9 and 10 of the Offer Letter (and any references to such Sections therein) are hereby deemed to be renumbered Sections 9, 10, 11 and 12, respectively:

Contract
Aquantia Corp • May 4th, 2016 • Semiconductors & related devices

[*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, IS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED.

AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT
Joinder Agreement • February 3rd, 2016 • Aquantia Corp • Semiconductors & related devices • California

This Amended and Restated Investors’ Rights Agreement (this “Agreement”) is made and entered into as of March 25, 2015, by and among Aquantia Corp., a Delaware corporation (the “Company”), and the persons and entities listed on Exhibit A attached hereto (the “Investors”).

AQUANTIA CORP.
Aquantia Corp • January 17th, 2018 • Semiconductors & related devices

On behalf of Aquantia Corp. (the “Company”), I am pleased to offer you the position of Chief Operating Officer (“COO”) at the Company on the terms set forth in this offer letter agreement (the “Agreement”).

Offer of Employment by Aquantia Corp.
Aquantia Corp • October 6th, 2017 • Semiconductors & related devices • California
OFFICE AND R&D LEASE
Office And • March 7th, 2018 • Aquantia Corp • Semiconductors & related devices • California
LOAN AND SECURITY AGREEMENT
License and Maintenance Agreement • October 6th, 2017 • Aquantia Corp • Semiconductors & related devices • California

THIS LOAN AND SECURITY AGREEMENT is made and dated as of January 30, 2015 and is entered into by and between AQUANTIA CORP., a Delaware corporation (hereinafter referred to as the “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (collectively, referred to as “Lender”) and HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent for itself and the Lender (in such capacity, the “Agent”).

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