McData Corp Sample Contracts

COSMOPOLITAN CORPORATE CENTRE PHASE II
Indenture • May 31st, 2000 • McData Corp
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RECITALS:
Participation Agreement • February 25th, 2002 • McData Corp • Communications equipment, nec • New York
TERMINATION AGREEMENT
Termination Agreement • March 2nd, 2001 • McData Corp • Communications equipment, nec • Delaware
OFFICE LEASE
Office Lease • November 13th, 2000 • McData Corp • Communications equipment, nec • Colorado
EXHIBIT 99.1 RIGHTS AGREEMENT
Rights Agreement • May 21st, 2001 • McData Corp • Communications equipment, nec • New York
01-92-03-0A McDATA Agreement Number
Manufacturing Agreement • July 24th, 2000 • McData Corp • Communications equipment, nec • Colorado
EXHIBIT 1
Joint Filing Agreement • January 16th, 2002 • McData Corp • Communications equipment, nec

Waddell & Reed Financial, Inc., Waddell & Reed Financial Services, Inc., Waddell & Reed, Inc. and Waddell & Reed Investment Management Company (the "Filing Persons"), hereby agree to file jointly a Schedule 13G and any amendments thereto relating to the aggregate ownership by each of the Filing Persons of any voting equity security of a class which is registered pursuant to Section 12 of the Securities Exchange Act of 1934, as amended, as required by Rule 13d-1 and Rule 13d-2 promulgated under the Securities Exchange Act of 1934. Each of the Filing Persons agrees that the information set forth in such Schedule 13G and any amendments thereto with respect to such Filing Person will be true, complete and correct as of the date of such Schedule 13G or such amendment, to the best of such Filing Person's knowledge and belief, after reasonable inquiry. Each of the Filing Persons makes no representations as to the accuracy or adequacy of the information set forth in the Schedule 13G or any ame

1 EXHIBIT 10.7 AMENDED AND RESTATED TAX SHARING AGREEMENT
Sharing Agreement • June 13th, 2000 • McData Corp • Communications equipment, nec • Delaware
1 EXHIBIT 10.8 FORM OF MASTER TRANSACTION AGREEMENT
Master Transaction Agreement • May 31st, 2000 • McData Corp • New York
1 EXHIBIT 4.2 MCDATA CORPORATION INVESTORS' RIGHTS AGREEMENT TABLE OF CONTENTS
Rights Agreement • May 31st, 2000 • McData Corp • Delaware
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McData Corp • March 2nd, 2001 • Communications equipment, nec • New York
1 EXHIIBIT 10.19.3 ============================================================ ==================== PARTICIPATION AGREEMENT
Participation Agreement • March 2nd, 2001 • McData Corp • Communications equipment, nec • New York
McDATA CORPORATION 21/4% Convertible Subordinated Notes due 2010 REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • February 14th, 2003 • McData Corp • Communications equipment, nec • New York

McDATA Corporation, a Delaware corporation (the "Company"), proposes to issue and sell to Banc of America Securities LLC, Credit Suisse Boston LLC and Salomon Smith Barney Inc. (collectively, the "Initial Purchasers"), upon the terms set forth in a purchase agreement of even date herewith (the "Purchase Agreement"), $150,000,000 aggregate principal amount (plus up to an additional $22,500,000 principal amount) of its 21/4% Convertible Subordinated Notes due 2010 (the "Initial Securities"). The Initial Securities will be convertible into shares of Class A Common Stock, par value $.01 per share, of the Company (the "Common Stock") at the conversion price set forth in the Offering Memorandum dated February 3, 2002 (the "Offering Memorandum"). The Initial Securities will be issued pursuant to an Indenture, dated as of February 7, 2003 (the "Indenture"), among the Company and Wells Fargo Bank Minnesota, National Association, as trustee (the "Trustee"). As an inducement to the Initial Purcha

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40-00-109-00 OEM AGREEMENT NUMBER
Oem Purchase and License Agreement • August 3rd, 2000 • McData Corp • Communications equipment, nec • Massachusetts
FIRST SUPPLEMENTAL INDENTURE
McData Corp • June 2nd, 2005 • Communications equipment, nec • New York

THIS FIRST SUPPLEMENTAL INDENTURE dated as of June 1, 2005 (this "Supplemental Indenture"), is entered into by and among McDATA Corporation, a Delaware corporation ("McDATA"), Computer Network Technology Corporation, a Minnesota corporation (the "Company"), and U.S. Bank National Association, a national banking association, as trustee (the "Trustee"). Capitalized terms used herein and not otherwise defined have the meanings set forth in the Indenture referred to below.

AMENDMENT NUMBER ONE
Resale Agreement Agreement • July 17th, 2000 • McData Corp • Communications equipment, nec
AGREEMENT AND PLAN OF REORGANIZATION BY AND AMONG BROCADE COMMUNICATIONS SYSTEMS, INC., WORLDCUP MERGER CORPORATION AND MCDATA CORPORATION Dated as of August 7, 2006
Agreement and Plan of Reorganization • August 8th, 2006 • McData Corp • Communications equipment, nec • Delaware

This AGREEMENT AND PLAN OF REORGANIZATION (this “Agreement”) is made and entered into as of August 7, 2006, by and among Brocade Communications Systems, Inc., a Delaware corporation (“Parent”), Worldcup Merger Corporation, a Delaware corporation and direct wholly-owned subsidiary of Parent (“Merger Sub”), and McDATA Corporation, a Delaware corporation (the “Company”).

AGREEMENT AND PLAN OF MERGER dated as of January 17, 2005 among COMPUTER NETWORK TECHNOLOGY CORPORATION, MCDATA CORPORATION and CONDOR ACQUISITION, INC.
Agreement and Plan of Merger • January 18th, 2005 • McData Corp • Communications equipment, nec • Delaware

AGREEMENT AND PLAN OF MERGER (this "Agreement") dated as of January 17, 2005 among Computer Network Technology Corporation, a Minnesota corporation (the "Company"), McDATA Corporation, a Delaware corporation ("Parent"), and Condor Acquisition, Inc., a Minnesota corporation and a wholly-owned subsidiary of Parent ("Merger Subsidiary").

VOTING AGREEMENT
Voting Agreement • January 18th, 2005 • McData Corp • Communications equipment, nec • Delaware

THIS VOTING AGREEMENT, is made and entered into as of this 17th day of January, 2005 (the "Agreement"), by and among McDATA Corporation, a Delaware corporation ("Parent"); Condor Acquisition, Inc., a Minnesota corporation and a wholly owned subsidiary of Parent ("Merger Sub"); Computer Network Technology Corporation, a Minnesota corporation (the "Company"); Thomas G. Hudson; Thomas G. Hudson 2004 Grantor Retained Annuity Trust dated October 15, 2004, Thomas G. Hudson, Trustee; Erwin A. Kelen; John A. Rollwagen; Patrick W. Gross; Lawrence A. McLernon; Kathleen B. Earley; Bruce J. Ryan.; Gregory T. Barnum; Mark R. Knittel; Edward J. Walsh and Robert R. Beyer (each a "Shareholder" and collectively, the "Shareholders").

McDATA CORPORATION CONSULTING AND NON-COMPETITION AGREEMENT
Consulting and Non-Competition Agreement • June 2nd, 2005 • McData Corp • Communications equipment, nec • Colorado

THIS CONSULTING AND NON-COMPETITION AGREEMENT (the "Agreement") is entered into subject to and effective as of June 1, 2005 (the "Effective Time") by and between McDATA CORPORATION, a Delaware corporation (the "Company"), and GREGORY T. BARNUM ("Consultant").

MCDATA SYNTHETIC LEASE SECOND AMENDMENT TO PARTICIPATION AGREEMENT
Participation Agreement • November 14th, 2001 • McData Corp • Communications equipment, nec • New York

This SECOND AMENDMENT TO PARTICIPATION AGREEMENT (this "Amendment") dated as of November 9, 2001, is by and among MCDATA CORPORATION, a Delaware corporation, as Lessee and Construction Agent (in its capacity as Lessee, the "Lessee" and in its capacity as Construction Agent, the "Construction Agent"); DEUTSCHE BANK AG, NEW YORK BRANCH, a duly licensed branch of Deutsche Bank AG, a German corporation, as Agent Lessor for the Lessors (in such capacity, the "Agent Lessor"), and as a Lessor (together with any permitted successors and assigns, each a "Lessor" and collectively the "Lessors"); and DEUTSCHE BANK AG, NEW YORK AND/OR CAYMAN ISLANDS BRANCH, as a Lender (together with the other financial institutions as may from time to time become lenders, the "Lenders") under the Credit Agreement and as Agent for the Lenders (in such capacity, the "Agent"). Capitalized terms used herein and not otherwise defined shall have the meanings assigned such terms in Annex A to the Participation Agreement

DISTRIBUTION AGREEMENT Agreement No. 40-98-0096-07 (As Amended Through Amendment #17)
Distribution Agreement Agreement • April 15th, 2004 • McData Corp • Communications equipment, nec
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