SECURITY AGREEMENTSecurity Agreement • December 10th, 2009 • Finisar Corp • Semiconductors & related devices • California
This SECURITY AGREEMENT (this “Agreement”), dated as of October 2, 2009, among the Grantors listed on the signature pages hereof and those additional entities that hereafter become parties hereto by executing the form of Joinder attached hereto as Annex 1 (collectively, jointly and severally, the “Grantors” and each, individually, a “Grantor”), and WELLS FARGO FOOTHILL, LLC, a Delaware limited liability company (“WFF”), in its capacity as agent for the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”).
CREDIT AGREEMENT by and among FINISAR CORPORATION and OPTIUM CORPORATION as Borrowers, THE LENDERS THAT ARE SIGNATORIES HERETO as the Lenders, and WELLS FARGO FOOTHILL, LLC as the Agent Dated as of October 2, 2009Credit Agreement • December 10th, 2009 • Finisar Corp • Semiconductors & related devices • California
THIS CREDIT AGREEMENT (this “Agreement”), is entered into as of October 2, 2009, by and among the lenders identified on the signature pages hereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), WELLS FARGO FOOTHILL, LLC, a Delaware limited liability company, as agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, “Agent”). FINISAR CORPORATION, a Delaware corporation (“Parent”), and OPTIUM CORPORATION, a Delaware corporation, (“Optium” and Parent are referred to hereinafter each individually as a “Borrower”, and individually and collectively, jointly and severally, as the “Borrowers”).
ContractPurchase Agreement • December 10th, 2009 • Finisar Corp • Semiconductors & related devices • New York
Finisar Corporation, a Delaware corporation (the “Company”), proposes to issue and sell to Piper Jaffray & Co. (the “Initial Purchaser”) an aggregate of $90,000,000 principal amount of its 5.0% Convertible Senior Notes due 2029 (the “Firm Securities”). In addition, the Company has granted to the Initial Purchaser an option to purchase up to an additional aggregate of $10,000,000 principal amount of its 5.0% Convertible Senior Notes due 2029 (the “Option Securities”) as provided in Section 3 hereof. The Firm Securities and, if and to the extent such option is exercised, the Option Securities, are collectively called the “Securities.” The Securities will be convertible into shares (the “Underlying Securities”) of common stock of the Company, $0.001 par value (the “Common Stock”). The Securities will be issued pursuant to an Indenture (the “Indenture”), to be dated as of October 14, 2009, between the Company and Wells Fargo Bank, N.A., as trustee (the “Trustee”).
