INDEMNIFICATION AGREEMENTIndemnification Agreement • November 18th, 2015 • Acacia Communications, Inc. • Semiconductors & related devices • Delaware
This Indemnification Agreement (“Agreement”) is made as of [•], 2015 by and between Acacia Communications, Inc., a Delaware corporation (the “Company”), and [•] (the “Indemnitee”). This Agreement supersedes and replaces any and all previous Agreements between the Company and Indemnitee covering the subject matter of this Agreement.
Acacia Communications, Inc. Common Stock, par value $0.0001 per share Underwriting AgreementUnderwriting Agreement • October 4th, 2016 • Acacia Communications, Inc. • Semiconductors & related devices • New York
Acacia Communications, 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, $0.0001 par value per share of the Company (the “Stock”), and the stockholders of the Company named in Schedule II hereto (the “Selling Stockholders”) propose, severally and not jointly, subject to the terms and conditions stated herein, to sell to the Underwriters an aggregate of [ ] shares of Stock, and, at the election of the Underwriters, certain of the Selling Stockholders propose, severally and not jointly, subject to the terms and conditions stated herein, to sell to the Underwriters, at the election of the Underwriters, up to an aggregate [ ] additional shares of Stock as set forth in Schedule II hereto. The aggregate of [ ] shares to be sold by the Company and the Selling Stockholders is herein called the “Firm Shares” and
ACACIA COMMUNICATIONS, INC. INCENTIVE STOCK OPTION AGREEMENTIncentive Stock Option Agreement • February 24th, 2016 • Acacia Communications, Inc. • Semiconductors & related devices
This option satisfies in full all commitments that the Company has to the Participant with respect to the issuance of stock, stock options or other equity securities.
ACACIA COMMUNICATIONS, INC. AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT April 17, 2013Investors’ Rights Agreement • August 27th, 2015 • Acacia Communications, Inc. • Semiconductors & related devices • Delaware
THIS AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT is made as of the 17th day of April, 2013 by and among Acacia Communications, Inc., a Delaware corporation (the “Company”), and the investors listed on Schedule A hereto (each of which individually is referred to in this Agreement as an “Investor” and collectively as the “Investors”).
STOCK PURCHASE AGREEMENTStock Purchase Agreement • December 21st, 2015 • Acacia Communications, Inc. • Semiconductors & related devices • Delaware
This Stock Purchase Agreement (this “Agreement”) is entered into as of [ ], by Acacia Communications, Inc., a Delaware corporation (the “Company”), and [ ] (the “Purchaser”).
LOAN AND SECURITY AGREEMENTLoan Modification Agreement • February 24th, 2016 • Acacia Communications, Inc. • Semiconductors & related devices • Delaware
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of June 9, 2011 (the “Effective Date”) between SILICON VALLEY BANK, a California corporation with a loan production office located at 275 Grove Street, Suite 2-200, Newton, Massachusetts 02466 (“Bank”), and ACACIA COMMUNICATIONS, INC., a Delaware corporation (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
AGREEMENT AND PLAN OF MERGER BY AND AMONG CISCO SYSTEMS, INC., AMARONE ACQUISITION CORP. AND ACACIA COMMUNICATIONS, INC. JULY 8, 2019Agreement and Plan of Merger • July 9th, 2019 • Acacia Communications, Inc. • Semiconductors & related devices • Delaware
This AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of July 8, 2019 (the “Agreement Date”), by and among Cisco Systems, Inc., a California corporation (“Parent”), Amarone Acquisition Corp., a Delaware corporation and wholly-owned subsidiary of Parent (“Sub”), and Acacia Communications, Inc., a Delaware corporation (the “Company”).
FORM OF VOTING AGREEMENTForm of Voting Agreement • January 14th, 2021 • Acacia Communications, Inc. • Semiconductors & related devices • Delaware
This VOTING AGREEMENT (this “Agreement”) is entered into as of January 14, 2021, by and between Cisco Systems, Inc., a California corporation (“Parent”), and the undersigned stockholder (“Stockholder”) of Acacia Communications, Inc., a Delaware corporation (the “Company”). Terms not otherwise defined herein shall have the respective meanings ascribed to them in the Merger Agreement (as defined below).
Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Double asterisks denote omission. STRATEGIC PARTNERING AGREEMENTStrategic Partnering Agreement • December 21st, 2015 • Acacia Communications, Inc. • Semiconductors & related devices • New York
This Strategic Partnering Agreement (Agreement), effective as of 8 March 2011 (Effective Date), is between Acacia Communications, Inc., a Delaware corporation, with an address at Three Clock Tower Place, Suite 210, Maynard, MA 01754 (Acacia), and ADVA Optical Networking North America, Inc., a Delaware corporation, with a place of business at 5755 Peachtree Industrial Boulevard, Norcross, Georgia 30092 USA (ADVA or Customer)
MASTER PURCHASE AGREEMENT Agreement No. 112565Master Purchase Agreement • October 30th, 2019 • Acacia Communications, Inc. • Semiconductors & related devices • New York
This Master Purchase Agreement (“Agreement”), dated November 11, 2016 (“Effective Date”), is between Cisco Systems, International B.V, a Netherlands corporation, having its principal place of business at Haarlerbergpark, Haarlerbergweg 13-19, 1101 CH Amsterdam, The Netherlands (“Cisco”), and Acacia Communications, Inc., a Delaware corporation having a place of business at 3 Mill and Main Place, Suite 400, Maynard, MA 01754, on behalf of itself and its Affiliates, including Acacia Communications (Ireland) Limited, its primary international operating subsidiary, and a direct party hereto (collectively, “Supplier”).
Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Double asterisks denote omissions.General Conditions of Purchase • February 24th, 2016 • Acacia Communications, Inc. • Semiconductors & related devices • Hong Kong
This “General Conditions of Purchase” (also referred to as, the “Agreement”) is made as of October , 2010 (the “Effective Date”) by and between ZTE Kangxun Telecom Co. Ltd., with its registered address at Plant No. 1, Da Mei Sha, Yan Tian District, Shenzhen, P.R.China (hereafter “Buyer”) and Acacia Communications, Inc., with its registered address at Three Clock Tower Place, Suite 210, Maynard, MA 01754, USA (hereafter “Supplier”).
ACACIA COMMUNICATIONS, INC. RESTRICTED STOCK UNIT AGREEMENTRestricted Stock Unit Agreement • February 24th, 2016 • Acacia Communications, Inc. • Semiconductors & related devices • Delaware
This grant of RSUs satisfies in full all commitments that the Company has to the Participant with respect to the issuance of stock, stock options or other equity securities.
ACACIA COMMUNICATIONS, INC. NONSTATUTORY STOCK OPTION AGREEMENTNonstatutory Stock Option Agreement • February 24th, 2016 • Acacia Communications, Inc. • Semiconductors & related devices
This option satisfies in full all commitments that the Company has to the Participant with respect to the issuance of stock, stock options or other equity securities.
Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Double asterisks denote omissions. MASTER SUPPLY AGREEMENTMaster Supply Agreement • December 21st, 2015 • Acacia Communications, Inc. • Semiconductors & related devices • New York
This Supply Agreement (“Agreement”) is made as of October 18, 2013 (“Effective Date”), by and between Acacia Communications, Inc., a Delaware corporation, having a place of business at Three Clock Tower Place, Suite 130, Maynard, MA 01754 (“Acacia”), and Fujitsu Semiconductor America, Inc., a California corporation having a place of business at 1250 East Arques Avenue, M/S 333, Sunnyvale, CA 94085 (“FSA”).
LEASE AGREEMENTLease Agreement • May 2nd, 2016 • Acacia Communications, Inc. • Semiconductors & related devices
THIS LEASE AGREEMENT (the “Lease”) is made and entered into as of April 13, 2016, by and between AS CLOCK TOWER OWNER, LLC, a Delaware limited liability company (“Landlord”) and ACACIA COMMUNICATIONS, INC., a Delaware corporation (“Tenant”). The following exhibits and attachments are incorporated into and made a part of the Lease: Exhibit A (Outline and Location of Premises); Exhibit B (Expenses and Taxes); Exhibit C (Intentionally Omitted); Exhibit D (Commencement Letter); Exhibit E (Building Rules and Regulations); Exhibit F (Additional Provisions); Exhibit G-1 (Form of Notice of Lease); Exhibit F-1 (Space Plan); Exhibit G-2 (Form of Termination of Notice of Lease); Exhibit H (ROFO Space) and Exhibit I (Form of Letter of Credit).
Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Double asterisks denote omissions. MANUFACTURING SERVICES AGREEMENTManufacturing Services Agreement • December 21st, 2015 • Acacia Communications, Inc. • Semiconductors & related devices • California
SANMINA shall use reasonable commercial efforts to accommodate any upside schedule changes beyond the firm Order periods.
ADDENDUM TO THE MASTER PURCHASE AGREEMENTMaster Purchase Agreement • October 30th, 2019 • Acacia Communications, Inc. • Semiconductors & related devices
This Addendum to the Master Purchase Agreements (“Addendum”) is entered into as of July 8, 2019 (“Addendum Effective Date”) by and between Cisco Systems, Inc., a California corporation, having its principal place of business at 170 West Tasman Drive, San Jose, California 95134 and Cisco Systems International B.V., a Netherlands corporation, having its principal place of business at Haarlerbergpark, Haarlerbergweg 13-19, 1101 CH Amsterdam, The Netherlands (collectively “Cisco”) and Acacia Communications, Inc. a Delaware corporation having a place of business at 3 Mill and Main Place, Suite 400, Maynard, MA 01754, on behalf of itself and its Affiliates, including Acacia Communications (Ireland) Limited, its primary international operating subsidiary, and a direct party hereto (collectively, “Acacia”).
LEASE AGREEMENT LANDLORD: Somerset Holmdel Development I Urban Renewal, L.P. 101 Crawfords Corner Road Holmdel, NJ 07733 TENANT: Acacia Communications, Inc. Three Clock Tower Place, Suite 100 Maynard, MA 01754 PREMISES: Building 1, Floor 4, Suite...Lease Agreement • May 2nd, 2016 • Acacia Communications, Inc. • Semiconductors & related devices • New Jersey
THIS AGREEMENT OF LEASE (“Lease”) made this day of March, 2016, by Somerset Holmdel Development I Urban Renewal, L.P., a New Jersey Limited Partnership with an address of 101 Crawfords Corner Road, Holmdel, NJ 07733 (“Landlord”) and Acacia Communications, Inc., a Delaware corporation with an address of Three Clock Tower Place, Suite 100, Maynard, MA 01754 (“Tenant” and collectively with Landlord, the “Parties”).
AMENDED AND RESTATED AGREEMENT AND PLAN OF MERGER BY AND AMONG CISCO SYSTEMS, INC., AMARONE ACQUISITION CORP. AND ACACIA COMMUNICATIONS, INC. JANUARY 14, 2021Original Agreement • January 14th, 2021 • Acacia Communications, Inc. • Semiconductors & related devices • Delaware
This AMENDED AND RESTATED AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of January 14, 2021 (the “Agreement Date”), by and among Cisco Systems, Inc., a California corporation (“Parent”), Amarone Acquisition Corp., a Delaware corporation and wholly-owned subsidiary of Parent (“Sub”), and Acacia Communications, Inc., a Delaware corporation (the “Company”).
COMMERCIAL LEASE (the “Lease”)Commercial Lease • December 21st, 2015 • Acacia Communications, Inc. • Semiconductors & related devices • Massachusetts
COMMERCIAL LEASE (the “Lease”)Lease • February 24th, 2016 • Acacia Communications, Inc. • Semiconductors & related devices • Massachusetts
OFFICE LEASE AGREEMENTOffice Lease Agreement • December 21st, 2015 • Acacia Communications, Inc. • Semiconductors & related devices • New Jersey
This Office Lease Agreement (the “Lease”) is made and entered into as of the January 21, 2013, by and between HI-TECH PROPERTIES, I. LLC. (“Landlord”) and ACACIA COMMUNICATIONS, INC. (Tenant”)
