AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • April 12th, 2010 • Force10 Networks Inc • Computer communications equipment • California
THIS AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (the “Agreement”) is made as of June 18, 2009, by and among Force10 Networks, Inc. (formerly, Turin Networks, Inc.), a Delaware corporation (the “Company”), John W. Webley (the “Founder”), Silicon Valley Bank (“SVB”), AEI, holders of Common Stock previously issued as Conversion Stock upon conversion of shares of any series of Preferred Stock of the Company (the “Common Holders”), the persons and entities who currently hold Preferred Stock of the Company and are currently parties to the Investors’ Rights Agreement (the “Existing Purchasers”) and certain new investors who received shares of Company Preferred Stock pursuant to the terms and conditions of that certain Agreement and Plan of Reorganization by and among the Company, Titan1 Acquisition Corp. (the “Merger Sub”), and the entity formerly known as Force10 Networks, Inc. (“Force10”), dated December 31, 2008, as amended (the “Merger Agreement”), and who deliver an executed signat
