FIFTH AMENDMENT TO THE MASTER ACQUISITION AGREEMENTMaster Acquisition Agreement • February 19th, 2008 • Infinera Corp • Telephone & telegraph apparatus
This Fifth Amendment (the “Fifth Amendment”) is entered into as of October 1, 2007, and is made pursuant to the Master Acquisition Agreement, dated April 11, 2005, as amended by the First Amendment dated May 19, 2005, the Second Amendment dated August 20, 2005, the Third Amendment dated November 15, 2006, and the Fourth Amendment dated February 23, 2007 (the “Agreement”), by and between BTE Equipment, LLC, a Delaware limited liability company (“BTE”), with a place of business at 1025 Eldorado Boulevard, Broomfield, CO 80021, and Infinera Corporation, a Delaware corporation (“Vendor”), with a place of business at 1322 Bordeaux Drive, Sunnyvale, CA 94089. Terms capitalized but not defined herein shall have the meaning ascribed to them in the Agreement.
SIXTH AMENDMENT TO THE MASTER ACQUISITION AGREEMENTMaster Acquisition Agreement • February 19th, 2008 • Infinera Corp • Telephone & telegraph apparatus
This Sixth Amendment (the “Sixth Amendment”) is entered into as of the 15th day of December, 2007 (“Effective Date”), and is made pursuant to the Master Acquisition Agreement, dated April 11, 2005, as amended by the First Amendment dated May 19, 2005, the Second Amendment dated August 20, 2005, the Third Amendment dated November 15, 2006, the Fourth Amendment dated February 23, 2007 and the Fifth Amendment dated October 1, 2007 (collectively, the “Agreement”), by and between BTE Equipment, LLC, a Delaware limited liability company (“BTE”), with a place of business at 1025 Eldorado Boulevard, Broomfield, CO 80021, and Infinera Corporation, a Delaware corporation (“Vendor”), with a place of business at 1322 Bordeaux Drive, Sunnyvale, CA 94089. Terms capitalized but not defined herein shall have the meaning ascribed to them in the Agreement.
