INTERCREDITOR AGREEMENTIntercreditor Agreement • September 8th, 2004 • Silicon Graphics Inc • Electronic computers • California
THIS INTERCREDITOR AGREEMENT (this “Agreement”), dated as of December 24, 2003, is made among SILICON GRAPHICS, INC., a Delaware corporation (“SGI”), U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America (“Trustee”), and WELLS FARGO FOOTHILL, INC., a California corporation, as Administrative Agent for itself and other Lenders (“Agent”).
AMENDMENT NUMBER NINE TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • September 8th, 2004 • Silicon Graphics Inc • Electronic computers • California
THIS AMENDMENT NUMBER NINE TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Amendment”), dated as of September 1, 2004, is entered into between and among, the lenders identified on the signature pages hereof (such lenders, together with their respective successors and assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), WELLS FARGO FOOTHILL, INC., a California corporation, as the arranger and administrative agent for the Lenders (“Agent” and together with the Lenders, collectively, the “Lender Group”), SILICON GRAPHICS, INC., a Delaware corporation (“Parent”), and each of Parent’s Subsidiaries identified on the signature pages hereof (such Subsidiaries, together with Parent, are referred to hereinafter each individually as a “Borrower,” and individually and collectively, jointly and severally, as “Borrowers”), in light of the following:
AMENDMENT NUMBER EIGHT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • September 8th, 2004 • Silicon Graphics Inc • Electronic computers • California
THIS AMENDMENT NUMBER EIGHT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Amendment”), dated as of July 14, 2004 and effective as of July 23, 2004, is entered into between and among, the lenders identified on the signature pages hereof (such lenders, together with their respective successors and assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), WELLS FARGO FOOTHILL, INC., a California corporation, as the arranger and administrative agent for the Lenders (“Agent” and together with the Lenders, collectively, the “Lender Group”), SILICON GRAPHICS, INC., a Delaware corporation (“Parent”), and each of Parent’s Subsidiaries identified on the signature pages hereof (such Subsidiaries, together with Parent, are referred to hereinafter each individually as a “Borrower,” and individually and collectively, jointly and severally, as “Borrowers”), in light of the following:
SILICON GRAPHICS, INC. NON-STATUTORY STOCK OPTION GRANT AGREEMENTNon-Statutory Stock Option Grant Agreement • September 8th, 2004 • Silicon Graphics Inc • Electronic computers
Silicon Graphics, Inc., a Delaware corporation (the “Company”), has granted to the Optionee named on the attached NOTICE OF GRANT OF STOCK OPTION AND GRANT AGREEMENT (the “NOTICE”) which is incorporated herein by reference, an option to purchase the total number of shares of Common Stock and at the price determined, both as set forth on the attached NOTICE, and in all respects subject to the terms, definitions and provisions of the 1993 Long-Term Incentive Stock Plan (the “Plan”) adopted by the Company which is incorporated herein by reference. The terms defined in the Plan shall have the same defined meanings herein.
SECURITY AGREEMENTSecurity Agreement • September 8th, 2004 • Silicon Graphics Inc • Electronic computers • New York
This SECURITY AGREEMENT, dated as of December 24, 2003 (as amended, supplemented, amended and restated or otherwise modified from time to time, the “Agreement”), is made by SILICON GRAPHICS, INC., a Delaware corporation (the “Grantor”), in favor of U.S. BANK NATIONAL ASSOCIATION, in its capacity as Trustee and for the benefit of the Noteholders (such capitalized terms to have the meanings set forth in Article I).
