0001193125-09-102296 Sample Contracts

SEVENTH AMENDMENT TO THE MASTER ACQUISITION AGREEMENT
Seventh Amendment • May 7th, 2009 • Infinera Corp • Telephone & telegraph apparatus

This Seventh Amendment (the “Seventh Amendment”) is entered into as of the last date set forth below (“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, the Fifth Amendment dated October 1, 2007, and the Sixth Amendment dated December 15th, 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.

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