0001193125-05-114693 Sample Contracts

THIRD AMENDMENT to the PREFERRED STOCK RIGHTS AGREEMENT between AVANEX CORPORATION and EQUISERVE TRUST COMPANY, N.A.
Preferred Stock Rights Agreement • May 25th, 2005 • Avanex Corp • Semiconductors & related devices • Delaware

This Third Amendment (the “Third Amendment”) to the Preferred Stock Rights Agreement is made and entered into as of May 16, 2005 between AVANEX CORPORATION, a Delaware corporation (the “Company”), and EQUISERVE TRUST COMPANY, N.A., a national banking association, as Rights Agent (the “Rights Agent”).

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