Affymetrix Inc Sample Contracts

AGREEMENT AND PLAN OF MERGER BY AND AMONG
Agreement and Plan of Merger • November 13th, 2000 • Affymetrix Inc • Services-commercial physical & biological research • Delaware
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INDENTURE AFFYMETRIX, INC.
Indenture • March 30th, 2000 • Affymetrix Inc • Services-commercial physical & biological research • New York
SUPPLY AGREEMENT F. Hoffmann-La Roche Ltd, Hoffmann-La Roche Inc., Syntex (U.S.A.) Inc. and Affymetrix, Inc.
Supply Agreement • October 17th, 1997 • Affymetrix Inc • Services-commercial physical & biological research • California
AFFYMETRIX, INC. Shares of Common Stock (par value $0.01 per share) Controlled Equity OfferingSM Sales Agreement
Affymetrix Inc • November 19th, 2014 • Laboratory analytical instruments • New York

Affymetrix, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Cantor Fitzgerald & Co. (the “Agent”), as follows:

OF
Limited Liability Company Operating Agreement • July 26th, 1999 • Affymetrix Inc • Services-commercial physical & biological research • Delaware
* ] Confidential Treatment Requested by Affymetrix, Inc. COLLABORATION AGREEMENT
Collaboration Agreement • March 31st, 1997 • Affymetrix Inc • Services-commercial physical & biological research • California
AFFYMETRIX, INC.
Manufacturing Agreement • March 31st, 1997 • Affymetrix Inc • Services-commercial physical & biological research
BETWEEN
Asset Purchase Agreement • July 26th, 1999 • Affymetrix Inc • Services-commercial physical & biological research • California
5% Convertible Subordinated Notes due 2006 REGISTRATION RIGHTS AGREEMENT
Affymetrix Inc • December 10th, 1999 • Services-commercial physical & biological research • New York
R E C I T A L S
License Agreement • July 26th, 1999 • Affymetrix Inc • Services-commercial physical & biological research • California
RECITALS
Governance Agreement • October 20th, 2000 • Affymetrix Inc • Services-commercial physical & biological research • California
AFFYMETRIX, INC., Issuer and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., Trustee INDENTURE Dated as of June 25, 2012 SENIOR DEBT SECURITIES
Affymetrix Inc • June 25th, 2012 • Laboratory analytical instruments • New York

INDENTURE, dated as of June 25, 2012 between AFFYMETRIX, INC. (the “Issuer”) and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. (the “Trustee”),

BMR-10240 SCIENCE CENTER DRIVE LP,
Lease • June 25th, 2014 • Affymetrix Inc • Laboratory analytical instruments

THIS LEASE (this “Lease”) is entered into as of this 20th day of June, 2014 (the “Execution Date”), by and between BMR-10240 SCIENCE CENTER DRIVE LP, a Delaware limited partnership (“Landlord”), and AFFYMETRIX, INC., a Delaware corporation (“Tenant”).

RIGHTS AGREEMENT Dated as of October 15, 1998
Rights Agreement • October 16th, 1998 • Affymetrix Inc • Services-commercial physical & biological research • Delaware
100,000,000 CREDIT FACILITY CREDIT AGREEMENT Dated as of June 25, 2012 by and among AFFYMETRIX, INC., as the Borrower, THE OTHER PERSONS PARTY HERETO THAT ARE DESIGNATED AS CREDIT PARTIES, GENERAL ELECTRIC CAPITAL CORPORATION, as Agent, and THE OTHER...
Credit Agreement • June 25th, 2012 • Affymetrix Inc • Laboratory analytical instruments • New York

This CREDIT AGREEMENT (including all exhibits and schedules hereto, as the same may be amended, modified and/or restated from time to time, this “Agreement”) is entered into as of June 25, 2012, by and among Affymetrix, Inc., a Delaware corporation (the “Borrower”), the other Persons party hereto that are designated as a “Credit Party”, General Electric Capital Corporation, a Delaware corporation (in its individual capacity, “GE Capital”), as Agent for the several financial institutions from time to time party to this Agreement (collectively, the “Lenders” and individually each a “Lender”), and the Lenders.

SUBLEASE AGREEMENT
Office Lease • March 4th, 2013 • Affymetrix Inc • Laboratory analytical instruments • California

This Sublease Agreement (the "Sublease") is entered into as of the 11th day of January, 2013 by and between STMICROELECTRONICS, INC., a Delaware corporation with principal place of business at 750 Canyon Drive, Coppell, Texas 75019 ("Sublessor"), and EBIOSCIENCE, INC., a California corporation with its principal place of business at 10255 Science Center Drive, San Diego, California 92121 ("Sublessee"), as subject to the terms and conditions of the Main Lease (herein defined). For the purposes of this Sublease, "Main Lease" means, collectively, that certain Office Lease dated June 4, 2004 between Kilroy Realty, L.P., as landlord ("Landlord"), and Sublessor, as tenant, as amended by that First Amendment to Office Lease dated January 1, 2006, that Second Amendment to Office Lease, dated May 13, 2009, and that Third Amendment to Office Lease, dated August 1, 2009. A copy of the Main Lease is attached and hereby made a part of this Sublease as Exhibit A. Pursuant to and in accordance with t

Exhibit 1.1 ----------- JOINT FILING AGREEMENT The undersigned hereby agree that the Statement on this Schedule 13G/A, dated February 14, 2003, (the "Schedule 13G/A"), with respect to the Common Stock, par value $.01 per share, of Affymetrix, Inc. is...
Joint Filing Agreement • February 14th, 2003 • Affymetrix Inc • Services-commercial physical & biological research

The undersigned hereby agree that the Statement on this Schedule 13G/A, dated February 14, 2003, (the "Schedule 13G/A"), with respect to the Common Stock, par value $.01 per share, of Affymetrix, Inc. is filed on behalf of each of us pursuant to and in accordance with the provisions of Rule 13d-1(k) under the Securities and Exchange Act of 1934, as amended, and that this Agreement shall be included as an Exhibit to this Schedule 13G/A. Each of the undersigned agrees to be responsible for the timely filing of the Schedule 13G/A, and for the completeness and accuracy of the information concerning itself contained therein. This Agreement may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument.

CREDIT AGREEMENT Dated as of October 28, 2015 among AFFYMETRIX, INC., as the Borrower, CERTAIN SUBSIDIARIES OF THE BORROWER PARTY HERETO, as the Guarantors, BANK OF AMERICA, N.A., as Administrative Agent, Swingline Lender and L/C Issuer, and THE...
Affymetrix Inc • October 29th, 2015 • Laboratory analytical instruments • New York

This CREDIT AGREEMENT is entered into as of October 28, 2015, among AFFYMETRIX, INC., a Delaware corporation (the “Borrower”), the Guarantors (defined herein), the Lenders (defined herein), and BANK OF AMERICA, N.A., as Administrative Agent, Swingline Lender and L/C Issuer.

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BACKGROUND
Indemnification Agreement • March 31st, 1999 • Affymetrix Inc • Services-commercial physical & biological research • Delaware
FORM OF SENIOR INDENTURE] AFFYMETRIX, INC., Issuer and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., Trustee INDENTURE Dated as of [—], 2012 SENIOR DEBT SECURITIES
Indenture • May 31st, 2012 • Affymetrix Inc • Laboratory analytical instruments • New York

WHEREAS, for its lawful corporate purposes, the Issuer has duly authorized the execution and delivery of the Indenture to provide for the issuance of unsecured debt securities in one or more series (the “Securities”) up to such principal amount or amounts as may from time to time be authorized in accordance with the terms of the Indenture and to provide, among other things, for the authentication, delivery and administration thereof;

BMR-10255 SCIENCE CENTER LP,
Lease • June 25th, 2014 • Affymetrix Inc • Laboratory analytical instruments

THIS LEASE (this “Lease”) is entered into as of this 20th day of June, 2014 (the “Execution Date”), by and between BMR-10255 SCIENCE CENTER LP, a Delaware limited partnership (“Landlord”), and AFFYMETRIX, INC., a Delaware corporation (“Tenant”).

R E C I T A L S
Oem Supply Agreement • July 26th, 1999 • Affymetrix Inc • Services-commercial physical & biological research • California
Senior Convertible Notes Due 2038
Affymetrix Inc • November 13th, 2007 • Laboratory analytical instruments • New York

INDENTURE, dated as of November [ ], 2007, between Affymetrix, Inc., a corporation duly organized and existing under the laws of the State of Delaware, as Issuer (the "Company"), having its principal office at 3420 Central Expressway, Santa Clara, CA 95051, and The Bank of New York Trust Company, N.A., as Trustee (the "Trustee").

AFFYMETRIX, INC. as Issuer and THE BANK OF NEW YORK as Trustee
Indenture • January 29th, 2004 • Affymetrix Inc • Laboratory analytical instruments • New York

INDENTURE, dated as of December 15, 2003, between Affymetrix, Inc., a corporation duly organized and existing under the laws of the State of Delaware, as Issuer (the “Company”), having its principal office at 3380 Central Expressway, Santa Clara, CA 95051 and The Bank of New York, a New York banking corporation, as Trustee (the “Trustee”).

AFFYMETRIX, INC.
Registration Rights Agreement • January 29th, 2004 • Affymetrix Inc • Laboratory analytical instruments • New York

Affymetrix, Inc., a Delaware corporation (the “Company”), proposes to issue and sell (such issuance and sale, the “Initial Placement”) to the Initial Purchasers (as defined below), upon the terms set forth in a purchase agreement, dated December 10, 2003 (the “Purchase Agreement”), $100,000,000 aggregate principal amount, plus an option (the “Option”) to purchase up to an additional $20,000,000 aggregate principal amount, of its 0.75% Senior Convertible Notes due 2033 (the “Securities”). The Securities will be convertible into shares of Common Stock (as defined herein), at the conversion price set forth in the Offering Memorandum (as defined herein), as the same may be adjusted from time to time pursuant to the Indenture (as defined herein). As an inducement to you to enter into the Purchase Agreement and in satisfaction of a condition to your obligations thereunder, the Company agrees with you, (i) for your benefit and (ii) for the benefit of the Holders (as defined herein) from time

AGREEMENT AND PLAN OF MERGER dated as of January 8, 2016 among AFFYMETRIX, INC., THERMO FISHER SCIENTIFIC INC. and WHITE BIRCH MERGER CO.
Agreement and Plan of Merger • January 14th, 2016 • Affymetrix Inc • Laboratory analytical instruments • Delaware

AGREEMENT AND PLAN OF MERGER (this “Agreement”) dated as of January 8, 2016, among Affymetrix, Inc., a Delaware corporation (the “Company”), Thermo Fisher Scientific Inc., a Delaware corporation (“Parent”), and White Birch Merger Co., a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Subsidiary”).

AGREEMENT AND PLAN OF MERGER dated as of November 11, 2008 among PANOMICS, INC., AFFYMETRIX, INC., PANDA ACQUISITION CORPORATION and ANDREW SCHWAB, as Equityholders’ Representative
Agreement and Plan of Merger • March 2nd, 2009 • Affymetrix Inc • Laboratory analytical instruments • California

AGREEMENT AND PLAN OF MERGER (the “Agreement”) dated as of November 11, 2008, by and among Panomics, Inc., a California corporation (the “Company”), Affymetrix, Inc., a Delaware corporation (“Parent”), Panda Acquisition Corporation, a California corporation and a wholly-owned subsidiary of Parent (“Merger Subsidiary”), and Andrew Schwab, as equityholders’ representative (“Equityholders’ Representative”).

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