EX-10.43 3 dex1043.htm AMENDMENT NO.1 TO REPURCHASE RIGHTS AGREEMENT AMENDMENT NO. 1 to the FOUNDERS REPURCHASE AND RIGHTS AGREEMENTRepurchase and Rights Agreement • May 5th, 2020 • Delaware
THIS AMENDMENT No. 1 to the Founders Repurchase and Rights Agreement (this “Amendment”) is made effective as of May 19, 2005 by and among Rackable Systems, Inc. (f/k/a Rackable Corporation), a Delaware corporation (the “Company”), Rackable Investment LLC, a Delaware limited liability company (“Investment LLC”) and Giovanni Coglitore, Nikolai Gallo and Jack Randall. All capitalized terms not defined herein shall have the meanings set forth in the Founders Agreement (as defined below).
AMENDMENT TO THE REGISTRATION AGREEMENT AND THE FOUNDER REPURCHASE AND RIGHTS AGREEMENTRepurchase and Rights Agreement • November 17th, 2005 • Rackable Systems, Inc. • Electronic computers • Delaware
This AMENDMENT TO THE REGISTRATION AGREEMENT AND THE FOUNDER REPURCHASE AND RIGHTS AGREEMENT (the “Amendment”), which amends (i) the Registration Agreement, dated as of December 23, 2002 and as amended on February 2, 2005 and May 19, 2005 (as amended, the “Registration Agreement”) by and among Rackable Systems, Inc. (the “Company”), Giovanni Coglitore, Nikolai Gallo and Jack Randall (collectively, the “Founders”) and the Investor (as defined therein) and (ii) the Founders Repurchase and Rights Agreement, dated as of December 23, 2002 and as amended on May 19, 2005 (as amended, the “Founders Agreement”) by and among the Company, the Founders and the Rackable Investment LLC (“Investment LLC”), is entered into this 16th day of November, 2005 by Parthenon Investors II, L.P. (“Parthenon”), Investment LLC, the Founders and the Company on behalf of all of the parties to the Registration Agreement and the Founders Agreement.
EX-10.4 12 dex104.htm FOUNDERS REPURCHASE AND RIGHTS AGREEMENT FOUNDERS REPURCHASE AND RIGHTS AGREEMENTRepurchase and Rights Agreement • May 5th, 2020 • Delaware
THIS FOUNDERS REPURCHASE AND RIGHTS AGREEMENT (the “Agreement”) is made as of December 23, 2002, by and among RACKABLE CORPORATION, a Delaware corporation (the “Company”), RACKABLE SYSTEMS, INC., a Delaware corporation (“Rackable”), RACKABLE INVESTMENT LLC, a Delaware limited liability Company (the “Purchaser”) and each of the Persons listed on EXHIBIT A attached hereto (each, a “Founder” and collectively the “Founders”). All capitalized terms used herein but not otherwise defined shall have the meanings set forth in the Asset Acquisition Agreement (as defined below).
