PRODUCTION PURCHASE AGREEMENTProduction Purchase Agreement • September 26th, 2007 • 3PAR Inc. • Computer storage devices • California
This Production Purchase Agreement (“the Agreement”) is made and entered into by and between 3PARdata, Inc., a California corporation with principal offices at 4209 Technology Drive, Fremont, CA 94538 (“3PARdata”), and Xyratex Technology Limited a company organized under the laws of the United Kingdom with principal offices at Langstone Road, Havant, Hampshire, P09 1SA, UK (“Seller”). The parties hereby agree as follows:
MANUFACTURING AND PURCHASE AGREEMENTManufacturing and Purchase Agreement • September 26th, 2007 • 3PAR Inc. • Computer storage devices
This Manufacturing and Purchase Agreement (the “Agreement”) is made as of this 5th day of Sept. 2003 (the “Effective Date”), by and between Flash Electronics, Inc., a California corporation (hereafter the “Seller”) located at 4050 Starboard drive, Fremont, CA 94538, and 3PARdata, Inc (hereafter the “Buyer”) located at 4209 Technology Drive, Fremont, CA 94538.
WARRANT TO PURCHASE STOCKPurchase Stock • September 26th, 2007 • 3PAR Inc. • Computer storage devices • California
THIS WARRANT CERTIFIES THAT, for the agreed upon value of $1.00 and for other good and valuable consideration, SILICON VALLEY BANK (“Bank”), together with any registered holder from time to time of this Warrant or any holder of the shares issuable or issued upon exercise of this Warrant, “Holder”) is entitled to purchase that number of fully paid and nonassessable shares of Common Stock set forth above or that number of shares otherwise purchasable upon exercise of this Warrant pursuant to the provisions herein (the “Shares”) at the Warrant Price, as adjusted pursuant to Article 2 of this Warrant and subject to the provisions and upon the terms and conditions set forth in this Warrant. Capitalized terms used but not otherwise defined herein shall have the meanings given them in that certain Loan and Security Agreement dated as of June 30, 2005, by and among the Company, Gold Hill Venture Lending 03, LP and Bank (the “Loan Agreement”).
BRANDIN COURT PARTNERS, LLC STANDARD NNN LEASE3PAR Inc. • September 26th, 2007 • Computer storage devices
This lease (“Lease”) is entered into by and between Brandin Court Partners, LLC, a California Limited Liability Company (“Landlord”), and 3PAR Inc., a Delaware Corporation (“Tenant”). For and in consideration of the payment of rents and the performance of the covenants herein set forth by Tenant, Landlord does lease to Tenant and Tenant accepts the Premises described below subject to the agreements herein contained.
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • September 26th, 2007 • 3PAR Inc. • Computer storage devices • California
THIS LOAN AND SECURITY AGREEMENT (the “Agreement”) dated June 30, 2005 by and among the GOLD HILL LENDERS referenced on Exhibit A attached hereto (as modified from time to time in accordance with Section 12. 1 of this Agreement, the “Gold Hill Lenders”); SILICON VALLEY BANK, a California-chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 (“SVB”) (SVB and the Gold Hill Lenders each individually a “Lender”, and collectively the “Lenders”), SVB in its capacity as agent (the “Agent”), and 3PARDATA, INC., a California corporation, whose address is 4209 Technology Drive, Fremont, California 94538 (“Borrower”) provides the terms on which Lenders shall lend to Borrower and Borrower shall repay Lenders. The parties agree as follows:
