ARTICLE IRegistration Rights Agreement • October 5th, 2001 • Exabyte Corp /De/ • Computer storage devices • Delaware
CONFIDENTIALAgreement • October 5th, 2001 • Exabyte Corp /De/ • Computer storage devices • Tokyo
RECITALSLoan and Security Agreement • September 21st, 2001 • Exabyte Corp /De/ • Computer storage devices • Colorado
RECITALSLoan and Security Agreement • August 23rd, 2001 • Exabyte Corp /De/ • Computer storage devices • Colorado
b) Procedures. Conversion of this Note may be effected by the Holder upon the surrender to the Company at the principal office of the Company or at the office of any agent or agents of the Company, as may be designated by the Company, of the Note to...Exabyte Corp /De/ • October 5th, 2001 • Computer storage devices • Colorado
THIS NOTE AND THE SHARES ISSUABLE UPON CONVERSION OF THIS NOTE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "ACT"), OR THE SECURITIES LAWS OF ANY STATE. THIS NOTE AND SUCH SHARES MAY BE OFFERED OR SOLD ONLY IF REGISTERED...Exabyte Corp /De/ • August 23rd, 2001 • Computer storage devices • Colorado
EXABYTE CORPORATION and THE FIRST NATIONAL BANK OF BOSTON Rights Agent Rights Agreement Dated as of January 24, 1991Rights Agreement • February 15th, 2001 • Exabyte Corp /De/ • Computer storage devices • Delaware
Agreement, dated as of January 24, 1991, between Exabyte Corporation, a Delaware corporation (the "Company"), and The First National Bank of Boston, a national banking association (the "Rights Agent").
THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT, WAIVER AND CONSENTLoan and Security Agreement • September 21st, 2001 • Exabyte Corp /De/ • Computer storage devices • Texas
LEASE AGREEMENTLease Agreement • October 5th, 2001 • Exabyte Corp /De/ • Computer storage devices
ARTICLE I DEFINITIONSLoan and Security Agreement • September 21st, 2001 • Exabyte Corp /De/ • Computer storage devices • Texas
RECITALS:Subordination and Intercreditor Agreement • September 21st, 2001 • Exabyte Corp /De/ • Computer storage devices • Texas
LEASE AGREEMENTLease Agreement • October 5th, 2001 • Exabyte Corp /De/ • Computer storage devices
COMMON STOCK PURCHASE WARRANT To Purchase __________ Shares of Common Stock of Exabyte CorporationExabyte Corp /De/ • May 4th, 2004 • Computer storage devices
THIS COMMON STOCK PURCHASE WARRANT (the "Warrant") CERTIFIES that, for value received, _____________ (the "Holder"), is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date of original issuance of this Warrant (the "Initial Exercise Date") and on or prior to the fifth anniversary of the Initial Exercise Date (the "Termination Date") but not thereafter, to subscribe for and purchase from Exabyte Corporation, a Delaware corporation (the "Company"), up to ____________ shares (the "Warrant Shares") of Common Stock, par value $0.001 per share, of the Company (the "Common Stock"). The purchase price of one share of Common Stock (the "Exercise Price") under this Warrant shall be $1.00, subject to adjustment hereunder. Capitalized terms used and not otherwise defined herein shall have the meanings set forth in that certain Securities Purchase Agreement (the "Purchase Agreement"), dated April 30, 2004, amo
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • November 1st, 2005 • Exabyte Corp /De/ • Computer storage devices
This Registration Rights Agreement (this “Agreement”) is made and entered into as of October 31, 2005, among Exabyte Corporation, a Delaware corporation (the “Company”), and the purchasers of the Notes (as defined below) signatory hereto (each such purchaser is a “Purchaser” and all such purchasers are, collectively, the “Purchasers”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • May 4th, 2004 • Exabyte Corp /De/ • Computer storage devices • New York
This Securities Purchase Agreement (this "Agreement") is dated as of April 30, 2004, by and among Exabyte Corporation, a Delaware corporation (the "Company"), and the purchasers identified on the signature pages hereto (each, including its successors and assigns, a "Purchaser" and collectively the "Purchasers").
1 EXHIBIT 10.13 THIRD AMENDMENT TO RIGHTS AGREEMENT This Third Amendment (the "Amendment") is made effective as of the 21 day of August, 2001, by and between Exabyte Corporation, a Delaware corporation (the "Company"), and Fleet National Bank (f/k/a...Rights Agreement • September 21st, 2001 • Exabyte Corp /De/ • Computer storage devices
LEASEExabyte Corp /De/ • October 5th, 2001 • Computer storage devices • Colorado
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • November 1st, 2005 • Exabyte Corp /De/ • Computer storage devices • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of October 31, 2005, by and among Exabyte Corporation, a Delaware corporation (the “Company”), and the purchasers identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
CREDIT AND SECURITY AGREEMENT Dated as of March 9, 2005Credit and Security Agreement • January 10th, 2006 • Exabyte Corp /De/ • Computer storage devices • Colorado
Exabyte Corporation, a Delaware corporation (the “Borrower”), and Wells Fargo Business Credit, Inc., a Minnesota corporation (the “Lender”), hereby agree as follows:
LEASEExabyte Corp /De/ • October 5th, 2001 • Computer storage devices
COMMON STOCK PURCHASE WARRANT To Purchase __________ Shares of Common Stock of EXABYTE CORPORATIONCommon Stock Purchase Warrant • November 1st, 2005 • Exabyte Corp /De/ • Computer storage devices
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) CERTIFIES that, for value received, _____________ or its transferee (the “Holder”), is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date of original issuance of this Warrant (the “Initial Exercise Date”) and on or prior to the fifth anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Exabyte Corporation, a Delaware corporation (the “Company”), up to ____________ shares (the “Warrant Shares”) of Common Stock, par value $0.001 per share, of the Company (the “Common Stock”). The purchase price of one share of Common Stock (the “Exercise Price”) under this Warrant shall be $2.80, subject to adjustment hereunder. Capitalized terms used and not otherwise defined herein shall have the meanings set forth in that certain Securities Purchase Agreement (the “Purchase Agreement”), dated O
EXABYTE LOGO]Exabyte Purchase Agreement • September 21st, 2001 • Exabyte Corp /De/ • Computer storage devices • Colorado
STOCK EXCHANGE AGREEMENT (SERIES H)Stock Exchange Agreement • May 4th, 2004 • Exabyte Corp /De/ • Computer storage devices • Colorado
This STOCK EXCHANGE AGREEMENT (this “Agreement”) is made and entered into as of April 2, 2004, between EXABYTE CORPORATION, a Delaware corporation (the “Company”) and each of the owners of Series H preferred stock (“Series H”) of the Company, named on Schedule 1 attached hereto and incorporated herein by reference, who have executed this Agreement (each a “Preferred Holder” and collectively, the “Preferred Holders”).
MANUFACTURNG SERVICE AGREEMENTManufacturng Service Agreement • January 10th, 2006 • Exabyte Corp /De/ • Computer storage devices • California
This Manufacturing Agreement (“Agreement”) is entered into by and between Solectron Corporation, a Delaware Corporation, (“Parent”), by and on behalf of itself and its wolly-owned subsidiaries, Solectron Technology Sdn. Bhd, incorporated under the laws of Malaysia (“ST/Penang”), and Shinei Internatinal Pte. Ltd., incorporated under the laws of Singapore (ST/Shinei”) (Parent, ST/Penang, and ST/Shinei collectively referred to hereinafter as “Solectron”), and Exabtye Corporation, a Delaware corporation (herinafter “Customer”). Solectron and Customer hereby agree as follows:
MANUFACTURING AND PURCHASE AGREEMENT between ESGW International Limited and Exabyte CorporationManufacturing and Purchase Agreement • January 10th, 2006 • Exabyte Corp /De/ • Computer storage devices • New York
ESGW International Limited, a corporation, duly organized and existing under the laws of the British Virgin Islands, having a principal mailing address at c/o ExcelStor Technology Limited, Suite 1507, Greenfield Tower, Concordia Plaza, Number 1, Science Museum Road, Tsimshatsui East, Hong Kong Special Administrative Region, (hereinafter referred to as “ESGW”); and
OVERADVANCE GUARANTYOveradvance Guaranty • May 19th, 2003 • Exabyte Corp /De/ • Computer storage devices
In consideration of advances by SILICON VALLEY BANK ("Bank") in excess of the Credit Limit (as defined in the Loan and Security Agreement dated June 18, 2002, as amended, including the Third Modification Agreement dated April 17, 2003, (the "Agreement")), by and between Bank and Exabyte Corporation, a Delaware corporation ("Borrower"), Meritage Private Equity Fund, L.P., a Delaware limited partnership ("Guarantor") unconditionally and irrevocably guarantees payment of the Guarantee Amount as set forth below.
Exhibit 10.30 SILICON VALLEY BANK AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT BORROWER: EXABYTE CORPORATION, A DELAWARE CORPORATION ADDRESS: 2108 55TH STREET BOULDER, COLORADO 80301 DATE: AS OF JANUARY 1, 2004 THIS AMENDED AND RESTATED LOAN AND...Loan and Security Agreement • August 10th, 2004 • Exabyte Corp /De/ • Computer storage devices • California
TEXT OMITTED AND FILED SEPARATELY CONFIDENTIAL TREATMENT REQUESTED UNDER 17 C.F.R. SEC. 200.80(b)(4), 200.83 AND 240.24b-2 DEVELOPMENT AGREEMENT THIS AGREEMENT ("Development Agreement") dated this 20th of December, 1999 between Hitachi Digital Media...Development Agreement • April 6th, 2000 • Exabyte Corp /De/ • Computer storage devices
MEDIA DISTRIBUTION AGREEMENTMedia Distribution Agreement • August 19th, 2004 • Exabyte Corp /De/ • Computer storage devices • Delaware
This Media Distribution Agreement (“Agreement”) is entered into as of November 7, 2003 (“Effective Date”), between EXABYTE CORPORATION, a Delaware corporation with principal offices at 2108 55th Street, Boulder, Colorado 80301 and IMATION CORP., a Delaware corporation with principal offices at 1 Imation Place, Oakdale, Minnesota 55128.
Modification AgreementModification Agreement • March 28th, 2003 • Exabyte Corp /De/ • Computer storage devices
THIS MODIFICATION AGREEMENT (the "Modification Agreement") is entered into between Silicon Valley Bank ("Silicon") and the borrower named above ("Borrower").
Exabyte Payment and Repayment Plan Memorandum of Understanding Second AmendmentExabyte Corp /De/ • September 1st, 2006 • Computer storage devices
This Memorandum of Understanding Second Amendment (this “Memorandum”) records mutual agreements reached as of this 29th day of August, 2006, between Tandberg Data Corp., having a place of business at Kjelsasveien 161, N-0411 Oslo, Norway (referred to here as “Tandberg”) and Exabyte Corporation, having a place of business at 2108 55th Street, Boulder, Colorado, 80301 U.S.A. and Nihon Exabyte Corporation, a representative and agent of Exabyte Corporation, having a place of business at Kasumigaseki Building, 35F, 3-2-5 Kasumigaseki, Chiyoda-ku, Tokyo, Japan (together referred to here as “Exabyte”) and Hitachi, Ltd. having a place of business at Shin-Otemachi Building, 2-1, Otemachi 2-chome, Chiyoda-ku, Tokyo, 100-0004, Japan (referred to here as “Hitachi”). This Memorandum shall replace the Memorandum of Understanding Amendment between Exabyte and Hitachi dated March 3, 2005, as amended (the “Original Memorandum”). Hitachi agrees to restructure the obligations of Exabyte under the Origina
ContractExercise Agreement • May 20th, 2002 • Exabyte Corp /De/ • Computer storage devices • Delaware
This Warrant was originally issued on [date] and has not been registered under the Securities Act of 1933, as amended (the "Act"), or any state securities laws. This Warrant may not be transferred in the absence of an effective registration statement under the Act (and other applicable securities laws) or an available exemption therefrom.
1 EXHIBIT 10.29 The Registrant has requested confidential treatment of portions of this Agreement. Those portions have been redacted from the Agreement. JOINT DEVELOPMENT AGREEMENT THIS AGREEMENT is entered into as of this 4 day of December, 1997,...Joint Development Agreement • October 5th, 2001 • Exabyte Corp /De/ • Computer storage devices • Tokyo
TECHNOLOGY AND MANUFACTURING LICENSE AGREEMENTTechnology and Manufacturing License Agreement • March 25th, 2002 • Exabyte Corp /De/ • Computer storage devices • Colorado
THIS TECHNOLOGY AND MANUFACTURING LICENSE AGREEMENT ("Agreement) dated this 27th day of September, 2001 by and between Exabyte Corporation, a Delaware corporation with its principal office at 1685 38th Street, Boulder, Colorado 80301, ("Exabyte"), and Plasmon LMS, Inc., a Delaware corporation with its principal office at 4425 ArrowsWest Drive, Colorado Springs, Colorado 80907-3489 ("Plasmon") also known as the "Parties" is effective as of the date last signed below ("Effective Date").
LOAN AND SECURITY AGREEMENT LOAN AND SECURITY AGREEMENT by and between CONGRESS FINANCIAL CORPORATION (SOUTHWEST) as Lender and EXABYTE CORPORATION as Borrower Dated: May 16, 2000 TABLE OF CONTENTS Page SECTION 1. DEFINITIONS 1 SECTION 2. CREDIT...Loan and Security Agreement • May 16th, 2000 • Exabyte Corp /De/ • Computer storage devices • Texas
