ContractGigOptix, Inc. • April 28th, 2010 • Semiconductors & related devices • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.
ContractGigOptix, Inc. • April 28th, 2010 • Semiconductors & related devices • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 28th, 2010 • GigOptix, Inc. • Semiconductors & related devices • Delaware
This LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of April 23, 2010 (the “Effective Date”), between SILICON VALLEY BANK, a California chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 (FAX (408) ) (“Bank”) on the one hand, and GIGOPTIX, INC., a Delaware corporation, and CHIPX, INCORPORATED, a Delaware corporation (GigOptix, Inc., together with ChipX, Incorporated, shall collectively be referred to as (“Borrower”) on the other hand. GigOptix, Inc. and ChipX, Incorporated, are co-borrowers hereunder for all purposes. Borrower has its offices at 2300 Geng Road #250, Palo Alto, CA 94303 (FAX ( ) ). This Agreement provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
