0000950123-09-047438 Sample Contracts

INDEMNITY AGREEMENT
Indemnity Agreement • September 30th, 2009 • Ocz Technology Group Inc • Computer storage devices • Delaware

This Indemnity Agreement, dated as of [ ], is made by and between OCZ Technology Group, Inc., a Delaware corporation (the “Company”), and (the “Indemnitee”).

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SALE OF ACCOUNTS AND SECURITY AGREEMENT
Sale of Accounts and Security Agreement • September 30th, 2009 • Ocz Technology Group Inc • Computer storage devices • New York

OCZ Technology Group, Inc., a Delaware corporation, with its principal offices at 6373 San Ignacio Avenue, San Jose, CA 95119 (“Seller”) and Faunus Group International, Inc., a Delaware corporation (“FGI”), hereby agree, intending to be legally bound, to the terms and conditions set forth in this Sale of Accounts and Security Agreement (“Agreement”).

DATED: APRIL 21, 2005
Ocz Technology Group Inc • September 30th, 2009 • Computer storage devices
SUB-SUBLEASE BETWEEN ORACLE USA, INC. AND OCZ TECHNOLOGY GROUP, INC.
Sub-Sublease • September 30th, 2009 • Ocz Technology Group Inc • Computer storage devices • California

THIS SUB-SUBLEASE (“Sublease”) is entered into as of January 30, 2009, by and between ORACLE USA, INC., a Colorado corporation (“Sublandlord”) and OCZ TECHNOLOGY GROUP, INC., a Delaware corporation (“Subtenant”), with reference to the following facts:

EXECUTIVE EMPLOYMENT AGREEMENT
Executive Employment Agreement • September 30th, 2009 • Ocz Technology Group Inc • Computer storage devices • California

This Executive Employment Agreement (“Agreement”) is made effective as of April 4, 2006 (“Effective Date”), by and between OCZ Technology Group, Inc. (“Company”) and Alex Mei (“Executive”).

BCInet, Inc. SECURED PROMISSORY NOTE
Ocz Technology Group Inc • September 30th, 2009 • Computer storage devices • California

For value received, BCInet, Inc., a Delaware corporation (the “Borrower”), promises to pay to OCZ Technology Group, Inc., a Delaware corporation (the “Lender”), or the Lender’s assignees, the principal sum of $311,215.00 together with interest upon the terms and conditions set forth in this Secured Promissory Note (the “Note”).

ASSET PURCHASE AND SALE AGREEMENT
Asset Purchase and Sale Agreement • September 30th, 2009 • Ocz Technology Group Inc • Computer storage devices • California

This Asset Purchase and Sale Agreement (this “Agreement”) is made and entered into effective as of August 31, 2009, by and between BCINET, INC., a Delaware corporation (“Buyer”), and OCZ TECHNOLOGY GROUP, INC., a Delaware corporation (“Seller”).

AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • September 30th, 2009 • Ocz Technology Group Inc • Computer storage devices • Delaware

This Agreement and Plan of Merger (this “Agreement”), dated as of December 17, 2004, by and between OCZ Technology Group, Inc., an Indiana corporation (the “Indiana Company”), and OCZ Technology Group (Delaware), Inc., a Delaware corporation (the “Delaware Company”).

BCInet, Inc. SECURED CONVERTIBLE PROMISSORY NOTE
Ocz Technology Group Inc • September 30th, 2009 • Computer storage devices • California

FOR VALUE RECEIVED, and in connection with the Asset Purchase Agreement of even date herewith (the “Purchase Agreement”) between BCINET, INC., a Delaware corporation (“Maker”), and OCZ TECHNOLOGY GROUP, INC., a Delaware corporation (“Holder”), the undersigned Maker hereby promises to pay to the order of Holder, or the lawful assignee of Holder, at such place as Holder of this Note may from time to time designate in writing, the principal sum of up to $414,200, together with simple interest on the unpaid principal balance at the rate of three percent (3%) per annum.

EXECUTIVE EMPLOYMENT AGREEMENT
Executive Employment Agreement • September 30th, 2009 • Ocz Technology Group Inc • Computer storage devices • California

This Executive Employment Agreement (“Agreement”) is made effective as of November 30, 2007 (“Effective Date”), by and between OCZ Technology Group, Inc. (“Company”) and Justin Shong (“Executive”).

LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • September 30th, 2009 • Ocz Technology Group Inc • Computer storage devices • Delaware

This LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of July , 2009, between SILICON VALLEY BANK, a California chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and an office at 2400 Hanover Street, Palo Alto, California 94304 (FAX 650-856-7879) (“Bank”) and OCZ TECHNOLOGY GROUP, INC., a Delaware corporation, with offices at 6373 San Ignacio Avenue, San Jose, California 95119 (FAX 408-733-4900) (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:

BCInet, Inc. SERIES A PREFERRED STOCK PURCHASE AGREEMENT
Series a Preferred Stock Purchase Agreement • September 30th, 2009 • Ocz Technology Group Inc • Computer storage devices • California

This Series A Preferred Stock Purchase Agreement (this “Agreement”) is made and entered into effective August 31,2009 by and between BCINET, INC., a Delaware corporation (the “Company”), and OCZ TECHNOLOGY GROUP, INC., a Delaware corporation (the “Investor”).

ASSET PURCHASE AGREEMENT
Asset Purchase Agreement • September 30th, 2009 • Ocz Technology Group Inc • Computer storage devices • California

THIS ASSET PURCHASE AGREEMENT (this “Agreement”) is made as of the 25th day of October, 2007 by and among OCZ Technology Group, Inc., a Delaware corporation (“Purchaser”), Silicon Data Inc., a New York corporation (“Seller”), and, solely for purposes of Sections 5.5, 5.6, 5.7 and Article 7, Fred Cohen, an individual (“Cohen”), and Eyal Akler, an individual (“Akler”). Purchaser and Seller, exclusively, are sometimes referred to herein as a “Party” and collectively as the “Parties.”

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