MUTUAL GENERAL RELEASE AND GLOBAL SETTLEMENT AGREEMENTMutual General Release and Global Settlement Agreement • March 10th, 2005 • Maxtor Corp • Computer storage devices • California
This Mutual General Release and Global Settlement Agreement (the “Agreement”) is entered into between Maxtor Corporation (“Maxtor”) and Quantum Corporation (“Quantum”), collectively referred to as the Parties, and is effective as of December 23, 2004.
FIRST AMENDMENT AGREEMENTFirst Amendment Agreement • March 10th, 2005 • Maxtor Corp • Computer storage devices
FIRST AMENDMENT AGREEMENT, dated as of December 22, 2004 (the “First Amendment”), to the Receivables Loan and Security Agreement, dated as of June 24, 2004, among Maxtor Receivables LLC, a Delaware limited liability company (the “Borrower”), Maxtor Corporation, a Delaware corporation (“Maxtor”), as servicer (the “Servicer”), Merrill Lynch Commercial Finance Corp., as lender (the “Lender”), Merrill Lynch Commercial Finance Corp., as agent (the “Agent”), U.S. Bank National Association and the other parties named therein (as the same has been and may be further amended, supplemented, modified and/or restated in accordance with its terms, the “RLSA”). Capitalized terms used herein and not otherwise defined herein shall have the meanings attributed thereto in the RLSA.
SECOND AMENDMENT AGREEMENTSecond Amendment Agreement • March 10th, 2005 • Maxtor Corp • Computer storage devices
SECOND AMENDMENT AGREEMENT, dated as of March 4, 2005 (the “Second Amendment”), to the Receivables Loan and Security Agreement, dated as of June 24, 2004, among Maxtor Receivables LLC, a Delaware limited liability company (the “Borrower”), Maxtor Corporation, a Delaware corporation (“Maxtor”), as servicer (the “Servicer”), Merrill Lynch Commercial Finance Corp., as lender (the “Lender”), Merrill Lynch Commercial Finance Corp., as agent (the “Agent”), U.S. Bank National Association and the other parties named therein (as the same has been and may be further amended, supplemented, modified and/or restated in accordance with its terms, the “RLSA”). Capitalized terms used herein and not otherwise defined herein shall have the meanings attributed thereto in the RLSA.
FORBEARANCE AGREEMENTForbearance Agreement • March 10th, 2005 • Maxtor Corp • Computer storage devices • New York
This FORBEARANCE AGREEMENT (the “Agreement”), dated as of February 11, 2005, by and among Maxtor Receivables LLC, a Delaware limited liability company (the “Borrower”), Maxtor Corporation, a Delaware corporation (“Maxtor”), as servicer (the “Servicer”) under the Loan Agreement (as defined below), and Merrill Lynch Commercial Finance Corp., as Lender (the “Lender”) and Agent (the “Agent”) under the Loan Agreement. Capitalized terms used and not otherwise defined herein shall have the meanings assigned to such terms in the Loan Agreement.
