0001193125-09-013162 Sample Contracts

FIFTH AMENDMENT to the PREFERRED STOCK RIGHTS AGREEMENT between AVANEX CORPORATION and COMPUTERSHARE TRUST COMPANY, N.A. formerly known as EQUISERVE TRUST COMPANY, N.A.
Preferred Stock Rights Agreement • January 28th, 2009 • Avanex Corp • Semiconductors & related devices • Delaware

This Fifth Amendment (the “Fifth Amendment”) to the Preferred Stock Rights Agreement is made and entered into as of January 27, 2009 between AVANEX CORPORATION, a Delaware corporation (the “Company”), and COMPUTERSHARE TRUST COMPANY, N.A., formerly known as EQUISERVE TRUST COMPANY, N.A., a national banking association, as Rights Agent (the “Rights Agent”).

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