AGREEMENT AND PLAN OF MERGER BY AND AMONGAgreement and Plan of Merger • November 13th, 2000 • Affymetrix Inc • Services-commercial physical & biological research • Delaware
INDENTURE AFFYMETRIX, INC.Indenture • March 30th, 2000 • Affymetrix Inc • Services-commercial physical & biological research • New York
Exhibit 10.12 FIRST ADDENDUM TO LEASE This First Addendum to Lease is made to that certain Lease (the "Lease") dated for reference purposes as October 20th, 1995 by and between Solar Oakmead Joint Venture, a California Limited Partnership (as...Lease • July 12th, 1999 • Affymetrix Inc • Services-commercial physical & biological research
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
AMENDMENT NO. 1 TO RIGHTS AGREEMENT THIS AMENDMENT NO. 1 TO RIGHTS AGREEMENT (this "Amendment"), dated as of February 7, 2000, is between Affymetrix, Inc., a Delaware corporation (the "Company"), and American Stock Transfer & Trust Company, as Rights...Rights Agreement • March 29th, 2000 • Affymetrix Inc • Services-commercial physical & biological research • Delaware
5% Convertible Subordinated Notes due 2006 REGISTRATION RIGHTS AGREEMENTAffymetrix Inc • December 10th, 1999 • Services-commercial physical & biological research • New York
AFFYMETRIX, INC. Shares of Common Stock (par value $0.01 per share) Controlled Equity OfferingSM Sales AgreementAffymetrix 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:
OFLimited Liability Company Operating Agreement • July 26th, 1999 • Affymetrix Inc • Services-commercial physical & biological research • Delaware
License Agreement ("Agreement") effective this 31st day of July 1998 ("Effective Date") by and between AFFYMETRIX, INC. a California corporation, having a place of business at 3380 Central Expressway, Santa Clara, California 95051 ("Affymetrix", as...License Agreement • July 26th, 1999 • Affymetrix Inc • Services-commercial physical & biological research • California
* ] Confidential Treatment Requested by Affymetrix, Inc. COLLABORATION AGREEMENTCollaboration 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
BETWEENAsset Purchase Agreement • July 26th, 1999 • Affymetrix Inc • Services-commercial physical & biological research • California
R E C I T A L SLicense Agreement • July 26th, 1999 • Affymetrix Inc • Services-commercial physical & biological research • California
RECITALSGovernance 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 SECURITIESAffymetrix 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, 1998Rights 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 AGREEMENTOffice 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.
July 29, 1998Affymetrix Inc • November 17th, 1998 • Services-commercial physical & biological research • California
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.
BACKGROUNDIndemnification 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 SECURITIESIndenture • 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 SOem Supply Agreement • July 26th, 1999 • Affymetrix Inc • Services-commercial physical & biological research • California
Exhibit 4.6 RESTRICTED STOCK AGREEMENT AGREEMENT made this 29th day of September, 2000, between AFFYMETRIX, INC., a Delaware corporation (the "Company"), CYRUS HARMON (the "Employee") and HARMON FAMILY INVESTORS, LLC ("HFI LLC"). For valuable...Restricted Stock Agreement • December 15th, 2000 • Affymetrix Inc • Services-commercial physical & biological research • Delaware
Senior Convertible Notes Due 2038Affymetrix 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 TrusteeIndenture • 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”).
SERIES AA PREFERRED STOCK PURCHASE AGREEMENT This SERIES AA PREFERRED STOCK PURCHASE AGREEMENT (the "Agreement") dated March 9, 1998 is entered into by and between Affymetrix, Inc., a California corporation (together with its successors, the...Voting Trust Agreement • March 24th, 1998 • Affymetrix Inc • Services-commercial physical & biological research • California
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
Exhibit 4.8 RESTRICTED STOCK AGREEMENT AGREEMENT made this 29th day of September, 2000, between AFFYMETRIX, INC., a Delaware corporation (the "Company"), DAVID KULP (the "Employee") and KULP FAMILY TRUST ("KFT"). For valuable consideration, receipt of...Restricted Stock Agreement • December 15th, 2000 • Affymetrix Inc • Services-commercial physical & biological research • Delaware
AGREEMENT AND PLAN OF MERGER dated as of November 11, 2008 among PANOMICS, INC., AFFYMETRIX, INC., PANDA ACQUISITION CORPORATION and ANDREW SCHWAB, as Equityholders’ RepresentativeAgreement 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”).
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”).
AFFYMETRIX, INC. as Issuer and THE BANK OF NEW YORK TRUST COMPANY, N.A. as TrusteeIndenture • November 19th, 2007 • Affymetrix Inc • Laboratory analytical instruments • New York
INDENTURE, dated as of November 16, 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”).
