ContractXtera Communications, Inc. • August 28th, 2015 • Telephone & telegraph apparatus • Delaware
THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED OR ANY STATE OR FOREIGN SECURITIES LAWS. NO SALE OR DISPOSITION MAY BE EFFECTED WITHOUT (i) EFFECTIVE REGISTRATION STATEMENTS RELATED THERETO, (ii) AN OPINION OF COUNSEL OR OTHER EVIDENCE, REASONABLY SATISFACTORY TO THE COMPANY, THAT SUCH REGISTRATIONS ARE NOT REQUIRED, (iii) RECEIPT OF NO-ACTION LETTERS FROM THE APPROPRIATE GOVERNMENTAL AUTHORITIES, OR (iv) OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 7 OF THIS WARRANT.
VENTURE LOAN AND SECURITY AGREEMENT Dated as of May 10, 2011 by and between HORIZON TECHNOLOGY FINANCE CORPORATION, a Delaware corporation Farmington, CT 06032 as Lender and XTERA COMMUNICATIONS, INC. a Delaware corporation Allen, Texas 75013 as BorrowerVenture Loan and Security Agreement • August 28th, 2015 • Xtera Communications, Inc. • Telephone & telegraph apparatus • Connecticut
FOURTH AMENDMENT TO COMMERCIAL LEASECommercial Lease • August 28th, 2015 • Xtera Communications, Inc. • Telephone & telegraph apparatus • Texas
This Fourth Amendment to Commercial Lease (“Fourth Amendment”) is made and entered into this 16 day of October, 2014, by and between GL DALLAS HOLDINGS, L.P. (“Lessor”) and XTERA COMMUNICATIONS. INC. (“Lessee”).
SECOND AMENDMENT TO COMMERCIAL LEASECommercial Lease • August 28th, 2015 • Xtera Communications, Inc. • Telephone & telegraph apparatus
This Second Amendment to Commercial Lease (this “Amendment”) is made and entered into as of this 25 day of June, 2003, by and between GL BETHANY TECH, L.P., a Texas limited partnership, successor to ACLP Bethany, L.P. (“Lessor”), and XTERA COMMUNICATIONS, INC., a Delaware corporation (“Lessee”) for the purposes more fully described below.
MASTER MANUFACTURING AGREEMENTMaster Manufacturing Agreement • August 28th, 2015 • Xtera Communications, Inc. • Telephone & telegraph apparatus • New York
This Master Manufacturing Agreement (“Agreement”) is entered into as of Jan 01, 2013 (“Effective Date”) by and between Xtera Communications, Inc. (“Xtera”) with a place of business at 500 W. Bethany Drive, Suite 100 Allen, Texas 75013 and NSG Technology, Inc. (“NSGT”) with an office at 1705 Junction Ct. Suite 200, San Jose, CA 95112 forms a binding contract between the parties for manufacture and supply of the Products between Xtera and NSGT.
THIRD AMENDMENT TO COMMERCIAL LEASECommercial Lease • August 28th, 2015 • Xtera Communications, Inc. • Telephone & telegraph apparatus
This Third Amendment to Commercial Lease is made and entered into between GL DALLAS HOLDINGS, L. P. is successor in interest to GL BETHANY TECH, L. P. (Lessor) and XTERA COMMUNICATIONS, INC. (Lessee) for and in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged.
FIRST AMENDMENT TO COMMERCIAL LEASECommercial Lease • August 28th, 2015 • Xtera Communications, Inc. • Telephone & telegraph apparatus
This First Amendment to Commercial Lease (this “Amendment”) is made and entered into as of this 1st day of January, 2001, by and between ACLP BETHANY, L.P., a Texas limited partnership (“Lessor”), and XTERA COMMUNICATIONS, INC., a Delaware corporation (“Lessee”) for the purposes more fully described below.
LICENSE AGREEMENT MICHIGAN FILES INCLUDING 1581, 1582, 1583, 1602, 1616,1617, 1868, 1869, 1870License Agreement • August 28th, 2015 • Xtera Communications, Inc. • Telephone & telegraph apparatus • Michigan
This License Agreement (the “Agreement”) is effective as of the 1st day of October, 2002 (the “Effective Date”), between Xtera Communications, Inc. (“Xtera”), a corporation incorporated in the State of Delaware, with offices located at 500 W. Bethany Drive, Allen, TX 75013, and the Regents of the University of Michigan (“Michigan”), a constitutional corporation of the State of Michigan.
XTERA COMMUNICATIONS, INC. PREFERRED STOCKHOLDER AGREEMENTPreferred Stockholder Agreement • August 28th, 2015 • Xtera Communications, Inc. • Telephone & telegraph apparatus • Delaware
This Preferred Stockholder Agreement (the “Agreement”) is made as of August 1, 2007, by and among Xtera Communications, Inc., a Delaware corporation (the “Company”), and the holders of the Series A-1 Convertible Preferred Stock, par value $0.001 per share (“Series A-1 Preferred Stock”), and the Series B-1 Convertible Preferred Stock, par value $0.001 per share (“Series B-1 Preferred Stock,” and together with the Series A-1 Preferred Stock, the “Preferred Stock”), of the Company set forth on Exhibit A attached to this Agreement (individually, an “Investor,” collectively, the “Investors”).
FIFTH AMENDMENT OF VENTURE LOAN AND SECURITY AGREEMENTVenture Loan and Security Agreement • August 28th, 2015 • Xtera Communications, Inc. • Telephone & telegraph apparatus • Connecticut
This FIFTH AMENDMENT OF VENTURE LOAN AND SECURITY AGREEMENT (this “Agreement”), effective and dated as of November 1, 2013, is entered into by and between Xtera Communications, Inc., a Delaware corporation (“Xtera” or “Borrower”) and Horizon Funding Trust 2013-1 (“Horizon Trust”), as assignee of Horizon Technology Finance Corporation, a Delaware corporation (“Horizon” and collectively with Horizon Trust, “Lender”).
XTERA COMMUNICATIONS, INC. COMMON STOCK PURCHASE WARRANTXtera Communications, Inc. • August 28th, 2015 • Telephone & telegraph apparatus • Delaware
This Warrant is being issued in connection with the purchase by the initial Holder of this Warrant of a Convertible Promissory Note of the Company dated as of the Issue Date (the “Note”) in the face amount of $[ ] pursuant to that certain Note and Warrant Purchase Agreement dated April 22, 2011, by and among the Company, the initial Holder and the other Investors named therein (the “Note Purchase Agreement”).
COMMERCIAL LEASE (TRIPLE NET WITH LANDLORD SERVICES LEASE) BETWEEN ACLP BETHANY, L.P., as Lessor, and XTERA COMMUNICATIONS, INC., as Lessee Dated: May 15, 2000Commercial Lease • August 28th, 2015 • Xtera Communications, Inc. • Telephone & telegraph apparatus
THIRD AMENDMENT OF VENTURE LOAN AND SECURITY AGREEMENTVenture Loan and Security Agreement • August 28th, 2015 • Xtera Communications, Inc. • Telephone & telegraph apparatus • Connecticut
This THIRD AMENDMENT OF VENTURE LOAN AND SECURITY AGREEMENT (this “Agreement”), dated as of March 9, 2012, is entered into by and between Xtera Communications, Inc., a Delaware corporation (“Xtera” or “Borrower”) and Horizon Technology Finance Corporation, a Delaware corporation (“Lender”).
FOURTH AMENDMENT OF VENTURE LOAN AND SECURITY AGREEMENTVenture Loan and Security Agreement • August 28th, 2015 • Xtera Communications, Inc. • Telephone & telegraph apparatus • Connecticut
This FOURTH AMENDMENT OF VENTURE LOAN AND SECURITY AGREEMENT (this “Agreement”), dated as of April 1, 2013, is entered into by and between Xtera Communications, Inc., a Delaware corporation (“Xtera” or “Borrower”) and Horizon Technology Finance Corporation, a Delaware corporation (“Lender”).
SECOND AMENDMENT OF VENTURE LOAN AND SECURITY AGREEMENTVenture Loan and Security Agreement • August 28th, 2015 • Xtera Communications, Inc. • Telephone & telegraph apparatus • Connecticut
This SECOND AMENDMENT OF VENTURE LOAN AND SECURITY AGREEMENT (this “Agreement”), dated as of December 13, 2011, is entered into by and between Xtera Communications, Inc., a Delaware corporation (“Xtera” or “Borrower”) and Horizon Technology Finance Corporation, a Delaware corporation (“Lender”).
ContractXtera Communications, Inc. • August 28th, 2015 • Telephone & telegraph apparatus • Texas
THIS NOTE HAS NOT BEEN REGISTERED UNDER UNITED STATES FEDERAL OR STATE SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, OR OTHERWISE TRANSFERRED OR ASSIGNED FOR VALUE, DIRECTLY OR INDIRECTLY, NOR MAY THIS NOTE BE TRANSFERRED ON THE BOOKS OF THE BORROWER, WITHOUT REGISTRATION OF SUCH NOTE UNDER ALL APPLICABLE UNITED STATES FEDERAL OR STATE SECURITIES LAWS OR COMPLIANCE WITH AN APPLICABLE EXEMPTION THEREFROM.
SIXTH AMENDMENT OF VENTURE LOAN AND SECURITY AGREEMENTVenture Loan and Security Agreement • August 28th, 2015 • Xtera Communications, Inc. • Telephone & telegraph apparatus • Connecticut
This SIXTH AMENDMENT OF VENTURE LOAN AND SECURITY AGREEMENT (this “Agreement”), effective and dated as of March 1, 2014, is entered into by and between Xtera Communications, Inc., a Delaware corporation (“Xtera” or “Borrower”) and Horizon Funding Trust 2013-1 (“Horizon Trust”), as assignee of Horizon Technology Finance Corporation, a Delaware corporation (“Horizon” and collectively with Horizon Trust, “Lender”).
To: The Lenders listed on the attached Schedule of Lenders Re: Purchase of Demand Notes of Xtera Communications, Inc. (the “Borrower”)Xtera Communications, Inc. • August 28th, 2015 • Telephone & telegraph apparatus
This letter sets forth the agreement between the Borrower and the Lenders set forth on the Schedule of Lenders attached hereto (the “Lenders”) regarding the terms of the proposal to loan the amounts set forth on the Schedule of Lenders, which aggregates to at least $2,000,000, pursuant to the Demand Notes issued on or about June 12, 2014 (the “Demand Notes”) which shall be repaid, with interest, within six months of the date of issuance. This letter agreement shall not be effective or binding on any party until executed and delivered by that party.
SEVENTH AMENDMENT OF VENTURE LOAN AND SECURITY AGREEMENTVenture Loan and Security Agreement • August 28th, 2015 • Xtera Communications, Inc. • Telephone & telegraph apparatus • Connecticut
This SEVENTH AMENDMENT OF VENTURE LOAN AND SECURITY AGREEMENT (this “Agreement”), effective and dated as of December 1, 2014, is entered into by and between Xtera Communications, Inc., a Delaware corporation (“Xtera” or “Borrower”) and Horizon Funding Trust 2013-1 (“Horizon Trust”), as assignee of Horizon Technology Finance Corporation, a Delaware corporation (“Horizon” and collectively with Horizon Trust, “Lender”).
AMENDED AND RESTATED SECURITY AGREEMENTAmended And • August 28th, 2015 • Xtera Communications, Inc. • Telephone & telegraph apparatus
THIS AMENDED AND RESTATED SECURITY AGREEMENT (this “Agreement”) is made as of August 29, 2013 by and among Xtera Communications, Inc., a Delaware corporation (the “Debtor”) and the investors set forth on Exhibit A attached to this Agreement (the “Secured Parties” and each of the Secured Parties individually, a “Secured Party”). Capitalized terms not specifically defined herein shall have the meanings ascribed to them in the Purchase Agreements, as applicable (as defined below) or the Notes (as defined below).
ContractXtera Communications, Inc. • August 28th, 2015 • Telephone & telegraph apparatus • Delaware
THIS WARRANT AND THE SECURITIES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND MAY NOT BE OFFERED FOR SALE, SOLD, OR OTHERWISE TRANSFERRED OR ASSIGNED FOR VALUE, DIRECTLY OR INDIRECTLY, NOR MAY THIS WARRANT OR THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT BE TRANSFERRED ON THE BOOKS OF THE COMPANY, WITHOUT REGISTRATION OF SUCH WARRANT OR SECURITIES, AS APPLICABLE, UNDER ALL APPLICABLE UNITED STATES FEDERAL OR STATE SECURITIES LAWS OR COMPLIANCE WITH AN APPLICABLE EXEMPTION THEREFROM, SUCH COMPLIANCE, AT THE OPTION OF THE COMPANY, TO BE EVIDENCED BY AN OPINION OF THE HOLDER’S COUNSEL, IN A FORM ACCEPTABLE TO THE COMPANY, THAT NO VIOLATION OF SUCH REGISTRATION PROVISIONS WOULD RESULT FROM ANY PROPOSED TRANSFER OR ASSIGNMENT.
NOTE PURCHASE AGREEMENTNote Purchase Agreement • August 28th, 2015 • Xtera Communications, Inc. • Telephone & telegraph apparatus • Delaware
This Note Purchase Agreement (this “Agreement”) is made and entered into as of December 20, 2012, by and among Xtera Communications, Inc., a Delaware corporation (the “Company”), and the investors set forth on Exhibit A attached to this Agreement (each an “Investor” and collectively, the “Investors”).
NOTE PURCHASE AGREEMENTNote Purchase Agreement • August 28th, 2015 • Xtera Communications, Inc. • Telephone & telegraph apparatus • Delaware
This Note Purchase Agreement (this “Agreement”) is made and entered into as of August 29, 2013, by and among Xtera Communications, Inc., a Delaware corporation (the “Company”), and the investors set forth on Exhibit A attached to this Agreement (each an “Investor” and collectively, the “Investors”).
