Exhibit 2.1 AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • January 9th, 2002 • Symmetricom Inc • Telephone & telegraph apparatus • Delaware
andRights Agreement • August 9th, 2001 • Symmetricom Inc • Telephone & telegraph apparatus • New York
EXHIBIT 99.2 AGREEMENT AND PLAN OFAgreement and Plan of Reorganization • February 24th, 1999 • Symmetricom Inc • Telephone & telegraph apparatus • California
Exhibit 10.29 PROMISSORY NOTE SECURED BY DEED OF TRUSTSymmetricom Inc • February 4th, 1999 • Telephone & telegraph apparatus
EXHIBIT 10.18Employment Agreement • September 20th, 2001 • Symmetricom Inc • Telephone & telegraph apparatus • California
Exhibit 10.3 SECURITY AGREEMENT THIS SECURITY AGREEMENT is made as of February 1, 2001, between Symmetricom, Inc., a California corporation ("Pledgee"), and Thomas Steipp ("Pledgor"), with reference to the following facts: Pursuant to a Stock Option...Security Agreement • May 15th, 2001 • Symmetricom Inc • Telephone & telegraph apparatus • California
WITNESSETH:Revolving Credit Loan Agreement • September 24th, 1998 • Symmetricom Inc • Telephone & telegraph apparatus
CREDIT AGREEMENTCredit Agreement • September 12th, 2005 • Symmetricom Inc • Telephone & telegraph apparatus • California
THIS AGREEMENT is entered into as of May 1, 2004, by and between SYMMETRICOM, INC., a Delaware corporation (“Borrower”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (“Bank”).
AGREEMENT AND PLAN OF MERGER Among MICROSEMI CORPORATION, PETT ACQUISITION CORP. and SYMMETRICOM, INC. Dated as of October 21, 2013Agreement and Plan of Merger • October 22nd, 2013 • Symmetricom Inc • Telephone & telegraph apparatus • Delaware
AGREEMENT AND PLAN OF MERGER, dated as of October 21, 2013 (this “Agreement”), among Microsemi Corporation, a Delaware corporation (“Parent”), PETT Acquisition Corp., a Delaware corporation and a wholly owned subsidiary of Parent (“Purchaser”), and Symmetricom, Inc., a Delaware corporation (the “Company”).
EXHIBIT 10.7 CONSULTING AGREEMENT SYMMETRICOM . ------------------------------- ------------------------------------------------- This Consulting Agreement ("AGREEMENT") is made and entered into as of this first day of June ,199 8 between: -----...Consulting Agreement • September 24th, 1998 • Symmetricom Inc • Telephone & telegraph apparatus • California
CONSULTING AGREEMENT SYMMETRICOM . -------------------------------------------------------------------------------- This Consulting Agreement ("AGREEMENT") is made and entered into as of this first day of June ,199 8 between: ----- ------------------- -----
REGISTRATION RIGHTS AGREEMENT Dated as of June 8, 2005 by and between SYMMETRICOM, INC. and DEUTSCHE BANK SECURITIES INC.Registration Rights Agreement • June 8th, 2005 • Symmetricom Inc • Telephone & telegraph apparatus • New York
This Registration Rights Agreement (this “Agreement”) is dated as of June 8, 2005, by and between Symmetricom, Inc., a Delaware corporation (the “Company”), and Deutsche Bank Securities Inc. and RBC Capital Markets Corporation (the “Initial Purchasers”).
SYMMETRICOM, INC. STOCK OPTION GRANT NOTICE AND STOCK OPTION AGREEMENTStock Option Agreement • September 12th, 2013 • Symmetricom Inc • Telephone & telegraph apparatus • Delaware
Symmetricom, Inc., a Delaware corporation (the “Company”), pursuant to its 2006 Incentive Award Plan (the “Plan”), hereby grants to the holder listed below (“Participant”), an option to purchase the number of shares of the Company’s common stock, par value $0.0001 (“Stock”), set forth below (the “Option”). This Option is subject to all of the terms and conditions set forth herein and in the Stock Option Agreement attached hereto as Exhibit A (the “Stock Option Agreement”) and the Plan, which are incorporated herein by reference. Unless otherwise defined herein, the terms defined in the Plan shall have the same defined meanings in this Grant Notice and the Stock Option Agreement.
SUPPORT AGREEMENTSupport Agreement • May 24th, 2002 • Symmetricom Inc • Telephone & telegraph apparatus • Delaware
THIS SUPPORT AGREEMENT (this “Agreement”) is made and entered into effective as of April 2, 2002, between SYMMETRICOM, INC. a Delaware corporation (“Parent”), and the undersigned stockholder (“Stockholder”) of TrueTime, Inc. a Delaware corporation (the “Company”).
EXECUTIVE SEVERANCE BENEFITS AGREEMENTExecutive Severance Benefits Agreement • February 5th, 2010 • Symmetricom Inc • Telephone & telegraph apparatus • California
This EXECUTIVE SEVERANCE BENEFITS AGREEMENT (the “Agreement”) is entered into this day of , (the “Effective Date”), between (“Executive”) and SYMMETRICOM, INC. (the “Company”). This Agreement is intended to provide Executive with the compensation and benefits described herein upon the occurrence of specific events.
MASTER ASSET PURCHASE AGREEMENTMaster Asset Purchase Agreement • October 14th, 1999 • Symmetricom Inc • Telephone & telegraph apparatus • California
INTERCOMPANY REVOLVING LOAN AGREEMENT ------------------------Intercompany Revolving Loan Agreement • September 24th, 1998 • Symmetricom Inc • Telephone & telegraph apparatus • California
SYMMETRICOM, INC. 3¼% Contingent Convertible Subordinated Notes Due 2025 PURCHASE AGREEMENTPurchase Agreement • June 8th, 2005 • Symmetricom Inc • Telephone & telegraph apparatus • New York
Symmetricom, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions contained herein, to issue and sell to Deutsche Bank Securities Inc. and RBC Capital Markets Corporation (together, the “Initial Purchasers”) $100,000,000 aggregate principal amount of its 3¼% Contingent Convertible Subordinated Notes Due 2025 (the “Firm Securities”) as set forth in Schedule I hereto. The Company also proposes to issue and sell at the option of the Initial Purchasers an additional $20,000,000 aggregate principal amount of its 3¼% Contingent Convertible Subordinated Notes Due 2025 (the “Option Securities” and together with the Firm Securities, the “Securities”) as set forth in Schedule I hereto and in accordance with terms set forth below. The Securities will be issued pursuant to an indenture (the “Indenture”), to be dated as of the Closing Date (as defined in Section 2 hereof), between the Company and Wells Fargo Bank, National Association, as trustee (the “Trustee
EXHIBIT 99.1 Dated the 29/th/ day of March, 2000 (1) SYMMETRICOM LIMITED AND SYMMETRICOM INC. (3) SILICON SYSTEMS LIMITED (4) KPMG SHELF COMPANY (NO 16) LIMITED (IN THE COURSE OF CHANGING ITS NAME TO SILICON SYSTEMS (UK) LIMITED)...Business Sale Agreement • April 13th, 2000 • Symmetricom Inc • Telephone & telegraph apparatus
Change of Control Agreement Company Confidential February 8, 2002Change of Control Agreement • May 14th, 2002 • Symmetricom Inc • Telephone & telegraph apparatus
The Board and I expect that from time to time Symmetricom will entertain the possibility of acquiring other companies, or merging with other companies in one or more transactions. The Board recognizes that this can be a distraction to valued executives such as you and could prompt executives such as you to consider alternative employment possibilities. The Board has determined that it is in the best interests of Symmetricom and its stockholders to assure that Symmetricom will have the continued dedication and objectivity of its key executives, should we entertain transactions, which could result in a change of control. For this reason, on behalf of the Board of Directors of Symmetricom, Inc., I am pleased to deliver this letter setting forth certain compensation related arrangements that will apply to you in the event that the Symmetricom experiences a “Change of Control” (as that term is defined later in this letter) as set forth herein.
AGREEMENT ---------Revolving Credit Loan Agreement • September 24th, 1998 • Symmetricom Inc • Telephone & telegraph apparatus • California
EXHIBIT 10.19Control Retention Agreement • September 20th, 2001 • Symmetricom Inc • Telephone & telegraph apparatus • California
AMENDMENT 3 TO MANUFACTURING SERVICE AGREEMENTManufacturing Service Agreement • May 9th, 2013 • Symmetricom Inc • Telephone & telegraph apparatus
This Amendment 3 (“Amendment”) is made and entered into as of this 1st day of March, 2013 (the “Effective Date”), by and between SANMINA Corporation (formerly Sanmina-SCI Corporation), a Delaware corporation having a principal place of business at 2700 North First Street, San Jose, California 95134 (SANMINA”) and Symmetricom, Inc., a Delaware corporation, having a principal place of business at 2300 Orchard Parkway, San Jose, CA 95131 (“CUSTOMER”). CUSTOMER and Sanmina- are sometimes collectively referred to as a “Party” and the “Parties.”
EXHIBIT 10.22 PROMISSORY NOTE SECURED BY DEED OF TRUST ----------------------------------------Symmetricom Inc • September 24th, 1998 • Telephone & telegraph apparatus
Symmetricom Logo] Change of Control Agreement Company Confidential February 25, 2002Symmetricom Inc • August 30th, 2002 • Telephone & telegraph apparatus
The Board and I expect that from time to time Symmetricom will entertain the possibility of acquiring other companies, or merging with other companies in one or more transactions. The Board recognizes that this can be a distraction to valued executives such as you and could prompt executives such as you to consider alternative employment possibilities. The Board has determined that it is in the best interests of Symmetricom and its stockholders to assure that Symmetricom will have the continued dedication and objectivity of its key executives, should we entertain transactions which could result in a change of control. For this reason, on behalf of the Board of Directors of Symmetricom, Inc., I am pleased to deliver this letter setting forth certain compensation related arrangements that will apply to you in the event that the Symmetricom experiences a “Change of Control” (as that term is defined later in this letter) as set forth herein.
AMENDMENT NO. 3 TO THIRD AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • May 14th, 2003 • Symmetricom Inc • Telephone & telegraph apparatus • California
This Amendment No. 3 to Third Amended and Restated Credit Agreement (“Amendment”) dated as of March 15, 2003, is made by and between Symmetricom, Inc., a Delaware corporation (“Borrower”), and Wells Fargo Bank, National Association (“Bank”).
SYMMETRICOM, INC. 2006 INCENTIVE AWARD PLAN STOCK OPTION GRANT NOTICE AND STOCK OPTION AGREEMENTRestricted Stock Award Agreement • November 9th, 2006 • Symmetricom Inc • Telephone & telegraph apparatus • Delaware
Symmetricom, Inc., a Delaware corporation (the “Company”), pursuant to its 2006 Incentive Award Plan (the “Plan”), hereby grants to the holder listed below (“Participant”), an option to purchase the number of shares of the Company’s common stock, par value $0.0001 (“Stock”), set forth below (the “Option”). This Option is subject to all of the terms and conditions set forth herein and in the Stock Option Agreement attached hereto as Exhibit A (the “Stock Option Agreement”) and the Plan, which are incorporated herein by reference. Unless otherwise defined herein, the terms defined in the Plan shall have the same defined meanings in this Grant Notice and the Stock Option Agreement.
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • September 12th, 2005 • Symmetricom Inc • Telephone & telegraph apparatus
THIS AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is entered into as of June 1, 2005, by and between SYMMETRICOM, INC., a Delaware corporation (“Borrower”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (“Bank”).
AMENDMENT 2 TO MANUFACTURING SERVICE AGREEMENTManufacturing Service Agreement • September 13th, 2012 • Symmetricom Inc • Telephone & telegraph apparatus
This Amendment 2 (“Amendment”) is made and entered into as of this 27th day of July 2012 (the “Effective Date”), by and between SANMINA-SCI Corporation, a Delaware corporation having a principal place of business at 2700 North First Street, San Jose, California 95134 (“SANMINA-SCI”) and Symmetricom, Inc., a Delaware corporation, having a principal place of business at 2300 Orchard Parkway, San Jose, CA 95131 ("CUSTOMER”). CUSTOMER and Sanmina-SCI are sometimes collectively referred to as a “Party” and the “Parties.”
AGREEMENT AND PLAN OF MERGER AMONG DATUM, INC. DUBLIN ACQUISITION SUBSIDIARY, INC. SYMMETRICOM, INC. Dated as of May 22, 2002Agreement and Plan of Merger • May 24th, 2002 • Symmetricom Inc • Telephone & telegraph apparatus • Delaware
THIS AGREEMENT AND PLAN OF MERGER, dated as of May , 2002 (the “Agreement”), by and among DATUM, INC., a Delaware corporation (the “Company”), SYMMETRICOM, INC., a Delaware corporation (“Parent”), and DUBLIN ACQUISITION SUBSIDIARY, INC., a Delaware corporation and a wholly owned subsidiary of SYMMETRICOM, INC. (“Merger Sub”).
FIRST AMENDMENT TO REVOLVING CREDIT LOAN AGREEMENT This AMENDMENT, dated the 20th day of April, 1995 between SYMMETRICOM, INC., a California corporation, (herein referred to as the "Borrower") and COMERICA BANK-California (herein referred to as the...Revolving Credit Loan Agreement • September 21st, 1995 • Symmetricom Inc • Semiconductors & related devices
MANUFACTURING SERVICES AGREEMENTManufacturing Services Agreement • September 10th, 2010 • Symmetricom Inc • Telephone & telegraph apparatus • California
At the end of this [***] period, CUSTOMER shall either accept delivery of rescheduled finished units and/or pay SANMINA-SCI’s Component Cost associated with rescheduled units not yet built.
SERVICES AGREEMENTServices Agreement • May 14th, 2003 • Symmetricom Inc • Telephone & telegraph apparatus • Delaware
THIS SERVICES AGREEMENT (the “Agreement”) is made and entered into as of May 22, 2002, by and between SYMMETRICOM, INC., a Delaware corporation (the “Company”), and ERIK VAN DER KAAY (“Executive”) to be effective as of the Effective Time (as defined below).
THIRD AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • February 12th, 2003 • Symmetricom Inc • Telephone & telegraph apparatus • California
THIS THIRD AMENDED AND RESTATED CREDIT AGREEMENT is entered into as of October 1, 2002, by and between DATUM INC., a Delaware corporation (“Borrower”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (“Bank”).
Amendment 1 to the Master Service Agreement Between Sanmina-SCI and Symmetricom, Inc.Symmetricom Inc • September 13th, 2012 • Telephone & telegraph apparatus
This AMENDMENT 1 (“Amendment”) is made effective on May 16th 2012 (“Effective Date”) by and between Sanmina-SCI Corporation, a Delaware corporation having its principal place of business at 2700 North First Street, San Jose, CA 95131, on behalf of itself and its affiliates and subsidiaries (“Sanmina-SCI”) and Symmetricom, Inc., a Delaware corporation having its principal place of business at 2300 Orchard Parkway, San Jose, CA 95131 on behalf of itself and its affiliates and subsidiaries (“Customer”). Customer and Sanmina-SCI are sometimes referred to herein as a “Party” and the “Parties”.
AMENDED AND RESTATED EMPLOYMENT AND EXECUTIVE SEVERANCE AGREEMENTEmployment and Executive Severance Agreement • February 6th, 2009 • Symmetricom Inc • Telephone & telegraph apparatus • California
This AMENDED AND RESTATED EMPLOYMENT AND EXECUTIVE SEVERANCE AGREEMENT (this “Agreement”), effective as of October 30, 2008, is entered into by and between, THOMAS W. STEIPP (“Executive”) and SYMMETRICOM, INC. (the “Company”).
