CREDIT AGREEMENT Dated as of July 29, 2013 among CALIX, INC., as the Borrower, CERTAIN SUBSIDIARIES OF THE BORROWER PARTY HERETO, as the Guarantors, BANK OF AMERICA, N.A., as Administrative Agent, Swingline Lender and L/C Issuer, and THE LENDERS PARTY...Credit Agreement • August 6th, 2013 • Calix, Inc • Communications services, nec • California
This CREDIT AGREEMENT is entered into as of July 29, 2013, among Calix, Inc., a Delaware corporation (the “Borrower”), the Guarantors (defined herein), the Lenders (defined herein), and BANK OF AMERICA, N.A., as Administrative Agent, Swingline Lender and L/C Issuer.
2,800,000 Shares CALIX, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • August 3rd, 2020 • Calix, Inc • Communications services, nec • New York
The foregoing will not apply to the registration of the offer and sale of the Shares, and the sale of the Shares to the underwriters, in each case as contemplated by the Underwriting Agreement. In addition, the foregoing restrictions shall not apply to any of the following:
Calix Networks, Inc. Common Stock, Par Value $0.025 Underwriting AgreementUnderwriting Agreement • March 8th, 2010 • Calix Networks Inc • Communications services, nec • New York
Calix Networks, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of shares of Common Stock, par value $0.025 per share (the “Stock”) of the Company and the stockholders of the Company named in Schedule II hereto (the “Selling Stockholders”) propose, subject to the terms and conditions stated herein, to sell to the Underwriters an aggregate of shares and, at the election of the Underwriters, up to additional shares of Stock. The aggregate of shares to be sold by the Company and the Selling Stockholders is herein called the “Firm Shares” and the aggregate of additional shares to be sold by the Company is herein called the “Optional Shares”. The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Shares”.
CALIX NETWORKS, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • March 8th, 2010 • Calix Networks Inc • Communications services, nec • Delaware
This Indemnification Agreement (“Agreement”) is effective as of , 2010 by and between Calix Networks, Inc., a Delaware corporation (the “Company”), and «INDEMNITEE» (“Indemnitee”).
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 21st, 2020 • Calix, Inc • Communications services, nec • New York
THIS LOAN AND SECURITY AGREEMENT is dated as of January 27, 2020, by and among CALIX, INC., a Delaware corporation (“Calix”; and together with any other party joined hereto as a Borrower, individually, a “Borrower” and collectively, the “Borrowers”), the financial institutions party to this Agreement from time to time as Lenders, and BANK OF AMERICA, N.A., a national banking association (“Bank of America”), as agent for the Lenders (in such capacity, “Agent”).
WARRANT TO PURCHASE STOCKPurchase Stock • November 20th, 2009 • Calix Networks Inc • Delaware
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.
AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 20th, 2009 • Calix Networks Inc • Delaware
THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of the Effective Date between SILICON VALLEY BANK, a California corporation (“Bank”), and CALIX NETWORKS, INC., a Delaware corporation (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. This Agreement amends and restates in its entirety, but is not a novation of, that Loan and Security Agreement having an Effective Date of August 29, 2008 (the “First Effective Date”), by and between the parties hereto. The parties agree as follows:
April 2, 2008Calix Networks Inc • December 31st, 2009 • Communications services, nec • California
On behalf of Calix Networks, Inc. (the “Company”), I am pleased to offer you this employment agreement for the full time position of Chief Financial Officer of the Company.
ASSET PURCHASE AGREEMENT between: [ERICSSON], and CALIX, INC. Dated August 20, 2012 =====================================================================Asset Purchase Agreement • December 18th, 2012 • Calix, Inc • Communications services, nec • New York
THIS ASSET PURCHASE AGREEMENT (“Agreement”) is entered into on August 20, 2012 (“Agreement Date”), between Ericsson Inc., a Delaware corporation with offices at 6300 Legacy Drive, Plano, TX 75024 (“Ericsson”), and Calix, Inc., a Delaware corporation with offices at 1035 N. McDowell Blvd., Petaluma, CA 94954 (“Calix”). Ericsson and Calix may be referred to individually as a “Party” and collectively as the “Parties.”
AGREEMENT AND PLAN OF MERGER AND REORGANIZATION BY AND AMONG CALIX, INC., OCEAN SUB I, INC., OCEAN SUB II, LLC AND OCCAM NETWORKS, INC. SEPTEMBER 16, 2010Agreement and Plan of Merger and Reorganization • September 16th, 2010 • Calix, Inc • Communications services, nec • Delaware
THIS AGREEMENT AND PLAN OF MERGER AND REORGANIZATION (this “Agreement”), dated as of September 16, 2010, is entered into by and among Occam Networks, Inc., a Delaware corporation (the “Company”), Calix, Inc., a Delaware corporation (“Parent”), Ocean Sub I, Inc., a Delaware corporation and a direct wholly owned subsidiary of Parent (“Merger Sub”), and Ocean Sub II, LLC, a Delaware limited liability company and a direct wholly owned subsidiary of Parent (“Second Merger Sub”).
LEASE between RNM LAKEVILLE, LLC, a Delaware Limited Liability Company as LANDLORD and CALIX NETWORKS, INC., a Delaware corporation as TENANT February 13, 2009Lease • November 20th, 2009 • Calix Networks Inc
RNM LAKEVILLE, LLC, a Delaware limited liability company (with its successors called “Landlord”), and CALIX NETWORKS, INC., a Delaware corporation (with its successors called “Tenant”), agree as follows as of February 13, 2009.
December 21, 2008Calix Networks Inc • December 31st, 2009 • Communications services, nec • California
On behalf of Calix Networks, Inc. (“Calix”), I am pleased to offer you this employment agreement (“Agreement”) for the full time position of Senior Vice President, Product Development of Calix.
CONSULTING AGREEMENTConsulting Agreement • August 10th, 2017 • Calix, Inc • Communications services, nec • California
This CONSULTING AGREEMENT (the “Agreement”) is made effective as of May 31, 2017, by and between CALIX, INC., a Delaware corporation (“Company”) and CORY SINDELAR, an individual (“Consultant”), for the purpose of setting forth the terms and conditions by which Company will engage Consultant to perform services (“Services”) on a temporary basis.
ContractRights Agreement • November 20th, 2009 • Calix Networks Inc • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND MAY NOT BE SOLD, PLEDGED OR OTHERWISE TRANSFERRED EXCEPT IN ACCORDANCE WITH APPLICABLE LAWS.
FIRST AMENDMENTFirst Amendment • February 22nd, 2013 • Calix, Inc • Communications services, nec
THIS FIRST AMENDMENT (this “Amendment”) is made and entered into as of January 28, 2013, by and between 1031, 1035, 1039 NORTH MCDOWELL, LLC, a Delaware limited liability company (“Landlord”), and CALIX NETWORKS, INC., a Delaware corporation (“Tenant”).
SEPARATION AGREEMENT AND GENERAL RELEASE OF ALL CLAIMSSeparation Agreement and General Release • February 28th, 2017 • Calix, Inc • Communications services, nec • California
This Separation Agreement and Release (“Agreement”) is entered into by and between John Colvin ("Employee") and Calix, Inc., a Delaware corporation ("the Company"). In consideration of the covenants set forth below the parties agree as follows:
TRANSITION AND SEPARATION AGREEMENTTransition and Separation Agreement • March 4th, 2015 • Calix, Inc • Communications services, nec • California
This Transition and Separation Agreement (“Agreement”) is made between Kevin Pope (“Executive”) and Calix, Inc., a Delaware corporation (“Calix”), effective December 15, 2014 (“Effective Date”). Executive and Calix may be collectively referred to as “Parties."
Petaluma Headquarters 1035 N. McDowell Blvd. Petaluma, CA 94954 Phone: 707-766-3000 Fax: 707-283-3100 December 18, 2013 William Atkins Washington, DC 20016-3164 Dear William:Calix, Inc • February 20th, 2014 • Communications services, nec
On behalf of Calix, Inc. (the "Company"), I am pleased to offer you this employment agreement for the full time position of Executive Vice President (EVP) and Chief Financial Officer (CFO), of the Company, contingent on approval of the terms of this offer by the Compensation Committee of the Calix Board of Directors.
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • December 28th, 2015 • Calix, Inc • Communications services, nec • California
THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of December 23, 2015, is entered into by and among CALIX, INC., a Delaware corporation (the “Borrower”), the Guarantors party hereto, the Lenders party hereto and BANK OF AMERICA, N.A., as administrative agent (in such capacity, the “Administrative Agent”). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed thereto in the Credit Agreement.
Andrew Lockhart TERMS AND CONDITIONS OF EMPLOYMENTTerms And • May 3rd, 2012 • Calix, Inc • Communications services, nec
In terms of the Employment Rights Act 1996 (the “Act”) this document (the “Agreement”) gives details of your terms and conditions of employment with the Company together with other workplace information, as at February 2, 2011.
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 5th, 2018 • Calix, Inc • Communications services, nec
THIS SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into this 24th day of August, 2018, by and between SILICON VALLEY BANK, a California corporation (“Bank”), and CALIX, INC., a Delaware corporation (“Borrower”).
TRANSITION AND SEPARATION AGREEMENTTransition and Separation Agreement • February 22nd, 2013 • Calix, Inc • Communications services, nec • California
This Transition and Separation Agreement (“Agreement”) is made by and between Roger Weingarth (“Executive”) and Calix, Inc., a Delaware corporation (“Company”), effective as of the date Executive signs this Agreement (“Effective Date”), with reference to the following facts:
AMENDED AND RESTATED WARRANTWarrant • November 20th, 2009 • Calix Networks Inc • Delaware
exchange or market for the 90-day period prior to the earlier of the day Holder delivers its Election of Exercise to the Company or the date of determination of Fair Market Value, or (ii) if the Common Stock is traded over-the-counter, the highest closing bid price for one share of Common Stock over the 90-day period immediately prior to the earlier of the day Holder delivers its Election of Exercise to the Company or the date of determination of Fair Market Value. If the Common Stock is not traded as contemplated in clauses (i) or (ii) above, the Fair Market Value of the Company’s Warrant Stock shall be the price per share which the Company could obtain from a willing buyer for shares of Warrant Stock sold by the Company from its authorized but unissued shares, as the Board of Directors of the Company shall determine in its reasonable good faith judgment; provided however, if Holder disagrees with the Board of Director’s determination of Fair Market Value, such price which a financial
March 3, 2004Calix Networks Inc • November 20th, 2009
On behalf of Calix Networks, Inc. (the “Company”), I am pleased to offer you this employment agreement for the position of Vice President, North American Field Operations reporting directly to Carl Russo, President and Chief Executive Officer of the Company.
SUPPORT AGREEMENTSupport Agreement • September 16th, 2010 • Calix, Inc • Communications services, nec • Delaware
This SUPPORT AGREEMENT (this “Agreement”), dated as of September 16, 2010, is by and among Calix, Inc., a Delaware corporation (“Parent”), Ocean Sub I, Inc., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), Ocean Sub II, LLC, a Delaware limited liability company and a wholly owned subsidiary of Parent (“Second Merger Sub,” and together with Parent and Merger Sub, the “Parent Parties”) and the individuals or entities set forth on Schedule A hereto (each, a “Stockholder”).
SEPARATION AGREEMENT AND GENERAL RELEASE OF ALL CLAIMSSeparation Agreement and General Release • October 25th, 2019 • Calix, Inc • Communications services, nec • Illinois
This Separation Agreement and Release (“Agreement”) is entered into by and between Gregory Billings (“Executive”), an individual residing in the State of Illinois, and Calix, Inc., a Delaware corporation (the “Company”). Executive and Company are together referred to as the “parties” in this Agreement. In consideration of the covenants set forth below the parties agree as follows:
TRANSITION AND SEPARATION AGREEMENTTransition and Separation Agreement • October 30th, 2014 • Calix, Inc • Communications services, nec • California
This Transition and Separation Agreement (“Agreement”) is made between Anthony Banta (“Executive”) and Calix, Inc., a Delaware corporation (“Company”), effective as of August 11, 2014 (“Effective Date”).
April 2, 2008Calix Networks Inc • November 20th, 2009
On behalf of Calix Networks, Inc. (the “Company”), I am pleased to offer you this employment agreement for the full time position of Chief Financial Officer of the Company.
CONSULTING AGREEMENTConsulting Agreement • April 24th, 2023 • Calix, Inc • Communications services, nec • California
This CONSULTING AGREEMENT (the “Agreement”) is made effective as of May 11, 2023 (“Effective Date”) by and between CALIX, INC., a Delaware corporation (“Company”) and MICHAEL EVERETT, an individual (“Consultant”), for the purpose of setting forth the terms and conditions by which Company will engage Consultant to perform services (“Services”) on a temporary basis.
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 14th, 2018 • Calix, Inc • Communications services, nec
THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into this 13th day of February, 2018, by and between SILICON VALLEY BANK, a California corporation (“Bank”), and CALIX, INC., a Delaware corporation (“Borrower”).
March 5, 2011Calix, Inc • March 7th, 2011 • Communications services, nec
On behalf of Calix, Inc. (the “Company”), I am pleased to offer you this employment agreement for the full time position of Executive Vice President and Chief Financial Officer of the Company.
AMENDED AND RESTATED WARRANTWarrant • November 20th, 2009 • Calix Networks Inc • Delaware
THIS WARRANT AND THE WARRANT STOCK ISSUABLE UPON EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), AND HAVE BEEN ACQUIRED FOR INVESTMENT AND NOT WITH A VIEW TO, OR IN CONNECTION WITH, THE SALE OR DISTRIBUTION THEREOF. NO SUCH SALE OR DISTRIBUTION MAY BE EFFECTED WITHOUT AN EFFECTIVE REGISTRATION STATEMENT RELATED THERETO OR AN OPINION OF COUNSEL IN A CUSTOMARY FORM THAT SUCH REGISTRATION IS NOT REQUIRED UNDER THE SECURITIES ACT.
CALIX NETWORKS, INC. AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT May 29, 2009Investors’ Rights Agreement • November 20th, 2009 • Calix Networks Inc • California
This Amended and Restated Investors’ Rights Agreement (the “Agreement”) is made as of the 29th day of May, 2009, by and among Calix Networks, Inc., a Delaware corporation (the “Company”), the investors listed on Exhibit A hereto, each of which is herein referred to as an “Investor,” and the founders also listed on Exhibit A, each of whom is herein referred to as a “Founder”.
TRANSITION AND SEPARATION AGREEMENTTransition and Separation Agreement • February 20th, 2014 • Calix, Inc • Communications services, nec • California
This Transition and Separation Agreement (“Agreement”) is made by and between Michael Ashby (“Executive”) and Calix, Inc., a Delaware corporation (“Company”), effective as of February 11, 2014 (“Effective Date”), with reference to the following facts:
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 10th, 2018 • Calix, Inc • Communications services, nec
THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into this 13th day of February, 2018, by and between SILICON VALLEY BANK, a California corporation (“Bank”), and CALIX, INC., a Delaware corporation (“Borrower”).
