Overland Data Inc Sample Contracts

EXHIBIT 10.23 OVERLAND DATA, INC. [INCENTIVE/NON-STATUTORY] STOCK OPTION AGREEMENT
Option Agreement • September 28th, 2001 • Overland Data Inc • Computer storage devices • California
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EXHIBIT 10.4
Lease • September 28th, 2001 • Overland Data Inc • Computer storage devices
EXHIBIT 10.5
Indemnification Agreement • February 13th, 2002 • Overland Data Inc • Computer storage devices • California
EXHIBIT 10.21 OVERLAND DATA, INC. [INCENTIVE/NON-STATUTORY] STOCK OPTION AGREEMENT
Stock Option Agreement • September 28th, 2001 • Overland Data Inc • Computer storage devices • California
EXHIBIT 2.2 SUPPLY AGREEMENT
Supply Agreement • July 2nd, 2001 • 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 fax
Employment Agreement • September 28th, 2001 • Overland Data Inc • Computer storage devices • California
RECITALS
License Agreement • July 25th, 2000 • Overland Data Inc • Computer storage devices • California
EXHIBIT 10.1 BUSINESS LOAN AGREEMENT
Business Loan Agreement • February 13th, 2002 • Overland Data Inc • Computer storage devices • California
AMONG
Asset Purchase Agreement • March 8th, 2000 • Overland Data Inc • Computer storage devices • California
EXHIBIT 10.13
Retention Agreement • September 28th, 2001 • Overland Data Inc • Computer storage devices • California
LOAN AND SECURITY AGREEMENT
Loan 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 10.3
Employment Agreement • May 15th, 2001 • Overland Data Inc • Computer storage devices • California
REGISTRATION RIGHTS AGREEMENT
Registration 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.

RECITALS
Technology License Agreement • February 13th, 2002 • Overland Data Inc • Computer storage devices • California
PURCHASE AGREEMENT
Purchase 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 AGREEMENT
Underwriting 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 AGREEMENT
Placement Agent Agreement • February 14th, 2013 • Overland Storage Inc • Computer storage devices • California
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LETTERHEAD]
Agreement • February 13th, 1997 • Overland Data Inc • Computer storage devices
IMPERIAL BANK MEMBER FDIC
Security and Loan Agreement • December 23rd, 1996 • Overland Data Inc
AGREEMENT
Retention Agreement • May 17th, 2000 • Overland Data Inc • Computer storage devices • California
AGREEMENT
Retention Agreement • May 17th, 2000 • Overland Data Inc • Computer storage devices • California
REGISTRATION RIGHTS AGREEMENT
Registration 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 AGREEMENT
Credit Agreement • September 28th, 2001 • Overland Data Inc • Computer storage devices
OVERLAND DATA, INC. 3,105,000 SHARES COMMON STOCK ($0.001 PAR VALUE) UNDERWRITING AGREEMENT
Selling Shareholders • January 24th, 1997 • Overland Data Inc • Computer storage devices • New York
INDEX
Basic Order Agreement • December 23rd, 1996 • Overland Data Inc • Massachusetts
FORM OF VOTING AGREEMENT AND IRREVOCABLE PROXY
Merger 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, 2010
Financial Advisory Agreement • November 17th, 2010 • Overland Storage Inc • Computer storage devices • California
ASSET PURCHASE AGREEMENT
Asset 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.

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