EXHIBIT 10.23 OVERLAND DATA, INC. [INCENTIVE/NON-STATUTORY] STOCK OPTION AGREEMENTOption Agreement • September 28th, 2001 • Overland Data Inc • Computer storage devices • California
EXHIBIT 10.4Lease • September 28th, 2001 • Overland Data Inc • Computer storage devices
EXHIBIT 10.5Indemnification Agreement • February 13th, 2002 • Overland Data Inc • Computer storage devices • California
EXHIBIT 10.21 OVERLAND DATA, INC. [INCENTIVE/NON-STATUTORY] STOCK OPTION AGREEMENTStock Option Agreement • September 28th, 2001 • Overland Data Inc • Computer storage devices • California
EXHIBIT 2.2 SUPPLY AGREEMENTSupply Agreement • July 2nd, 2001 • Overland Data Inc • Computer storage devices • California
Exhibit 10.2 [COMERICA LOGO] SECURITY AGREEMENT As of NOVEMBER 28, 2001 , for value received, the undersigned ("Debtor") pledges, assigns and grants to COMERICA BANK-CALIFORNIA ("Bank"), a CALIFORNIA banking corporation, whose address is 333 WEST...Security Agreement • February 13th, 2002 • Overland Data Inc • Computer storage devices • California
EXHIBIT 10.18 [OVERLAND LOGO] Overland Data, Inc. 8975 Balboa Avenue San Diego, CA 92123-1599 (858) 571-5555 (858) 495-4267 faxEmployment Agreement • September 28th, 2001 • Overland Data Inc • Computer storage devices • California
RECITALSLicense Agreement • July 25th, 2000 • Overland Data Inc • Computer storage devices • California
CONFIDENTIAL TREATMENT REQUESTED TRAVAN-TM- VR(2)-TM- ASIC LICENSE AND SUPPLY AGREEMENT This Agreement is effective February 25, 1999 ("Effective Date"), between Imation Corp., incorporated under the laws of the state of Delaware and having a place of...Confidential Treatment • September 27th, 1999 • Overland Data Inc • Computer storage devices • Minnesota
EXHIBIT 10.1 BUSINESS LOAN AGREEMENTBusiness Loan Agreement • February 13th, 2002 • Overland Data Inc • Computer storage devices • California
EXHIBIT 10.2 [CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT HAVE BEEN OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.] PRODUCTION PROCUREMENT AGREEMENT # RMSS-ODI-96-01-0 This is an Agreement, dated as of October...Overland Data Inc • February 18th, 1997 • Computer storage devices • New York
IMPERIAL BANK CREDIT AGREEMENT This Agreement is made by and between Overland Data, Inc. ("Borrower") and Imperial Bank, a California banking corporation, ("Bank"). In consideration of mutual covenants and conditions hereof, the parties hereto agree...Credit Agreement • September 29th, 1997 • Overland Data Inc • Computer storage devices • California
AMONGAsset Purchase Agreement • March 8th, 2000 • Overland Data Inc • Computer storage devices • California
EXHIBIT 10.13Retention Agreement • September 28th, 2001 • Overland Data Inc • Computer storage devices • California
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • September 14th, 2011 • Overland Storage Inc • Computer storage devices • California
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of August 9, 2011 (the “Effective Date”) between SILICON VALLEY BANK, a California corporation (“Bank”), and OVERLAND STORAGE, INC., a California corporation (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
EXHIBIT 10.3Employment Agreement • May 15th, 2001 • Overland Data Inc • Computer storage devices • California
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 22nd, 2011 • Overland Storage Inc • Computer storage devices • New York
This Registration Rights Agreement (the “Agreement”) is made and entered into as of this 21st day of March, 2011, by and among Overland Storage, Inc., a California corporation (the “Company”), the “Investors” named in that certain Purchase Agreement, dated as of March 16, 2011, by and among the Company and the Investors (the “Purchase Agreement”), and Roth Capital Partners, LLC (the “Placement Agent”). Capitalized terms used herein have the respective meanings ascribed thereto in the Purchase Agreement unless otherwise defined herein.
RECITALSTechnology License Agreement • February 13th, 2002 • Overland Data Inc • Computer storage devices • California
PURCHASE AGREEMENTPurchase Agreement • March 22nd, 2011 • Overland Storage Inc • Computer storage devices • New York
THIS PURCHASE AGREEMENT (“Agreement”) is made as of the 16th day of March, 2011 by and among Overland Storage, Inc., a California corporation (the “Company”), and the Investors set forth on the signature pages affixed hereto (each an “Investor” and collectively the “Investors”).
LETTERHEAD]Agreement • February 18th, 1997 • Overland Data Inc • Computer storage devices • Massachusetts
3,200,000 Shares* OVERLAND STORAGE, INC. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • March 23rd, 2012 • Overland Storage Inc • Computer storage devices • New York
Overland Storage, Inc., a California corporation (the “Company”), proposes to issue and sell 3,200,000 shares (the “Firm Shares”) of the Company’s common stock, no par value per share (the “Common Stock”), to you as underwriter (the “Underwriter”) in accordance with the terms and conditions set forth in this Underwriting Agreement (this “Agreement”). The Company has also agreed to grant to the Underwriter an option (the “Option”) to purchase up to an additional 480,000 shares of Common Stock, on the terms and for the purposes set forth in Section 1(b) (the “Option Shares”). The Firm Shares and the Option Shares are referred to collectively herein as the “Shares.”
1,020,409 Shares of Overland Storage, Inc. Common Stock, No Par Value PLACEMENT AGENT AGREEMENTPlacement Agent Agreement • February 14th, 2013 • Overland Storage Inc • Computer storage devices • California
EXHIBIT 10.2 PRODUCTION PROCUREMENT AGREEMENT # RMSS-ODI-96-01-0 This is an Agreement, dated as of October 25, 1996, by and between International Business Machines Corporation (IBM), a New York corporation and Overland Data, Incorporated (Supplier), a...Procurement Agreement • February 13th, 1997 • Overland Data Inc • Computer storage devices • New York
CONFIDENTIAL TREATMENT REQUESTED AGREEMENT BETWEEN OVERLAND DATA AND TANDBERG DATA CONCERNING MLR AND VR(2) TECHNOLOGY ------------------------------------------------------------------------------- This Agreement is effective March 30, 1998,...Confidential Treatment Requested • September 28th, 1998 • Overland Data Inc • Computer storage devices • California
LETTERHEAD]Agreement • February 13th, 1997 • Overland Data Inc • Computer storage devices
IMPERIAL BANK MEMBER FDICSecurity and Loan Agreement • December 23rd, 1996 • Overland Data Inc
AGREEMENTRetention Agreement • May 17th, 2000 • Overland Data Inc • Computer storage devices • California
AGREEMENTRetention Agreement • May 17th, 2000 • Overland Data Inc • Computer storage devices • California
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • February 14th, 2013 • Overland Storage Inc • Computer storage devices • New York
This Registration Rights Agreement (the “Agreement”) is made and entered into as of this 12th day of February, 2013 by and among Overland Storage, Inc., a California corporation (the “Company”), the “Purchasers” named in that certain Note Purchase Agreement by and among the Company and the Purchasers (the “Purchase Agreement”). Capitalized terms used herein have the respective meanings ascribed thereto in the Purchase Agreement unless otherwise defined herein.
EXHIBIT 10.6 FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • September 28th, 2001 • Overland Data Inc • Computer storage devices
OVERLAND DATA, INC. 3,105,000 SHARES COMMON STOCK ($0.001 PAR VALUE) UNDERWRITING AGREEMENTSelling Shareholders • January 24th, 1997 • Overland Data Inc • Computer storage devices • New York
INDEXBasic Order Agreement • December 23rd, 1996 • Overland Data Inc • Massachusetts
FORM OF VOTING AGREEMENT AND IRREVOCABLE PROXYMerger Agreement • May 19th, 2014 • Overland Storage Inc • Computer storage devices • California
This VOTING AGREEMENT AND IRREVOCABLE PROXY (this “Agreement”) is entered into as of , 2014, by and between Sphere 3D Corporation, an Ontario corporation (“Parent”), and the undersigned stockholder (“Stockholder”) of Overland Storage, Inc., a California corporation (the “Company”). Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to them in the Merger Agreement (as defined below).
FINANCIAL ADVISORY AGREEMENT November 12, 2010Financial Advisory Agreement • November 17th, 2010 • Overland Storage Inc • Computer storage devices • California
ASSET PURCHASE AGREEMENTAsset Purchase Agreement • July 3rd, 2008 • Overland Storage Inc • Computer storage devices • California
THIS ASSET PURCHASE AGREEMENT (this “Agreement”) is made and entered into on June 27, 2008, by and between OVERLAND STORAGE, INC., a California corporation (“Buyer”), on the one hand, and ADAPTEC, INC., a Delaware corporation (“Seller”), on the other hand. Capitalized terms used in this Agreement without definition will have the respective meanings ascribed to them in Section 11.1.
