Sun Microsystems, Inc. Sample Contracts

RECITALS
Voting Agreement • August 31st, 1999 • Sun Microsystems Inc • Electronic computers • Delaware
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U.S. $500,000,000 CREDIT AGREEMENT Dated as of August 28, 1997, among SUN MICROSYSTEMS, INC. as Borrower
Credit Agreement • September 26th, 1997 • Sun Microsystems Inc • Electronic computers • California
July 29, 1998
Sun Microsystems Inc • July 29th, 1998 • Electronic computers
RECITALS:
Stock Option Agreement • September 28th, 2000 • Sun Microsystems Inc • Electronic computers • Delaware
TO
Sun Microsystems Inc • August 6th, 1999 • Electronic computers • New York
BY AND AMONG
Acquisition Agreement • June 22nd, 2001 • Sun Microsystems Inc • Electronic computers • Ontario
STOCK OPTION AGREEMENT
Stock Option Agreement • August 22nd, 2001 • Sun Microsystems Inc • Electronic computers • Ontario
ARTICLE 1 INTERPRETATION
Sun Microsystems Inc • June 22nd, 2001 • Electronic computers • Ontario
PROMISSORY NOTE SECURED BY DEED OF TRUST
Promissory Note • November 13th, 1996 • Sun Microsystems Inc • Electronic computers
FORM OF INDEMNIFICATION AGREEMENT
Form of Indemnification Agreement • November 13th, 1996 • Sun Microsystems Inc • Electronic computers • Delaware
RECITALS:
Form of Voting Agreement • September 28th, 2000 • Sun Microsystems Inc • Electronic computers • Delaware
AGREEMENT AND PLAN OF MERGER dated as of April 19, 2009 among SUN MICROSYSTEMS, INC., ORACLE CORPORATION, and SODA ACQUISITION CORPORATION
Agreement and Plan of Merger • April 20th, 2009 • Sun Microsystems, Inc. • Electronic computers • Delaware

AGREEMENT AND PLAN OF MERGER (this “Agreement”) dated as of April 19, 2009, among Sun Microsystems, Inc., a Delaware corporation (the “Company”), Oracle Corporation, a Delaware corporation (“Parent”), and Soda Acquisition Corporation, a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Subsidiary”).

1 SUN MICROSYSTEMS, INC. DEBT SECURITIES UNDERWRITING AGREEMENT
Underwriting Agreement • August 6th, 1999 • Sun Microsystems Inc • Electronic computers • New York
TO
Sun Microsystems Inc • October 22nd, 1997 • Electronic computers • New York
AND
Shares Rights Agreement • September 26th, 2002 • Sun Microsystems Inc • Electronic computers • Delaware
EXHIBIT 4.6 THIRD AMENDMENT TO FIRST AMENDED AND RESTATED COMMON SHARES RIGHTS AGREEMENT
Common Shares Rights Agreement • November 14th, 1995 • Sun Microsystems Inc • Services-computer integrated systems design
AGREEMENT AND PLAN OF MERGER BY AND AMONG SUN MICROSYSTEMS, INC. BIG BEAR ACQUISITION CORPORATION AND SEEBEYOND TECHNOLOGY CORPORATION Dated as of June 27, 2005
Agreement and Plan of Merger • September 13th, 2005 • Sun Microsystems, Inc. • Electronic computers • Delaware

This AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of June 27, 2005, by and among Sun Microsystems, Inc., a Delaware corporation (“Parent”), Big Bear Acquisition Corporation, a Delaware corporation and direct wholly owned subsidiary of Parent (“Merger Sub”), and SeeBeyond Technology Corporation, a Delaware corporation (the “Company”).

SUN MICROSYSTEMS, INC. RESTRICTED STOCK UNIT AGREEMENT NOTICE OF GRANT
Restricted Stock Unit Agreement • August 29th, 2007 • Sun Microsystems, Inc. • Electronic computers • Delaware

Sun Microsystems, Inc. (“Sun”) is pleased to inform you that you, [ ], have been granted the number of restricted stock units (“Restricted Stock Units”) indicated below under Sun’s 1990 Long-Term Equity Incentive Plan (the “Plan”) and the terms of this Restricted Stock Unit agreement (including the Notice of Grant and Appendices A and B, all of which are the “Agreement”). Subject to the provisions of the Agreement and the Plan, the principal features of this grant are as follows:

SUN MICROSYSTEMS, INC. RESTRICTED STOCK UNIT AGREEMENT
Restricted Stock Unit Agreement • November 5th, 2008 • Sun Microsystems, Inc. • Electronic computers • Delaware

You (“Grantee”) have been granted restricted stock units (“RSUs”) relating to shares of common stock, $.001 par value per share (the “Stock”), of Sun Microsystems, Inc., a Delaware corporation (“Sun”), subject to the vesting conditions set forth in this Award Agreement. Additional terms and conditions of the grant are set forth in this Award Agreement and in Sun’s 2007 Omnibus Incentive Plan (the “Plan”).

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REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • February 5th, 2007 • Sun Microsystems, Inc. • Electronic computers • New York

This Registration Rights Agreement (the “Agreement”) is made and entered into this 26th day of January, 2007, among Sun Microsystems, Inc., a Delaware corporation (the “Company”), and the purchasers named on Exhibit A of the Purchase Agreement (as defined below) (collectively, the “Purchasers”).

as "Parent" and
Exchange and Support Agreement • June 22nd, 2001 • Sun Microsystems Inc • Electronic computers • Ontario
SUN MICROSYSTEMS, INC. as Issuer and
Sun Microsystems, Inc. • February 5th, 2007 • Electronic computers • New York
SUN MICROSYSTEMS LTD Severance Agreement With Peter Ryan
Severance Agreement • November 5th, 2008 • Sun Microsystems, Inc. • Electronic computers

This Agreement is hereby entered into by Sun Microsystems LTD, and its successor or successors (collectively referred to as “Sun”) with Peter Ryan (“Executive”).

BY AND AMONG
Agreement and Plan of Merger and Reorganization • September 28th, 2000 • Sun Microsystems Inc • Electronic computers • Delaware
NOTE PURCHASE AGREEMENT
Note Purchase Agreement • January 29th, 2010 • Sun Microsystems, Inc. • Electronic computers • New York

This Note Purchase Agreement (this “Agreement”), dated as of January 27, 2010, is entered into by and among Sun Microsystems, Inc., a Delaware corporation (the “Purchaser”), KKR PEI Solar Holdings I, Ltd., a Cayman Islands exempt company (the “KKR Seller”), and Citibank, N.A., a national banking association organized under the laws of the United States (the “Citi Seller” and together with the KKR Seller each, a “Seller” and, collectively, the “Sellers”).

FIRST SUPPLEMENTAL INDENTURE
First Supplemental Indenture • January 29th, 2010 • Sun Microsystems, Inc. • Electronic computers • New York

FIRST SUPPLEMENTAL INDENTURE, dated as of January 26, 2010 (this “First Supplemental Indenture”), by and between SUN MICROSYSTEMS, INC., a Delaware corporation (the “Company”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee”).

SUN MICROSYSTEMS, INC. NON-QUALIFIED STOCK OPTION AGREEMENT
Non-Qualified Stock Option Agreement • August 29th, 2008 • Sun Microsystems, Inc. • Electronic computers • Delaware

You (“Grantee”) are hereby granted an Option to purchase shares of common stock, $.001 par value per share (the “Stock”), of Sun Microsystems, Inc., a Delaware corporation (“Sun”). The terms and conditions of the Option are set forth in this Award Agreement and in Sun’s 2007 Omnibus Incentive Plan (the “Plan”).

LIMITED PATENT COVENANT AND STAND-STILL AGREEMENT
Covenant and Stand-Still Agreement • September 13th, 2004 • Sun Microsystems Inc • Electronic computers • New York

This Limited Patent Covenant and Stand-Still Agreement (the “Agreement”) is entered into as of this 1st day of April, 2004 (the “Effective Date”), by and between Sun Microsystems, Inc., a corporation organized and existing under the laws of the State of Delaware (“Sun”), and Microsoft Corporation, a corporation organized and existing under the laws of the State of Washington (“Microsoft”). Each of Sun and Microsoft and their respective Affiliates (defined below) as of the Effective Date are referred to individually as a “Party,” and collectively as the “Parties.”

SUN MICROSYSTEMS, INC. as Issuer and as Trustee Indenture dated as of January 26, 2007
Sun Microsystems, Inc. • January 29th, 2007 • Electronic computers
NONSTATUTORY STOCK OPTION AGREEMENT FOR SECTION 16 OFFICERS
Nonstatutory Stock Option Agreement • May 5th, 2006 • Sun Microsystems, Inc. • Electronic computers

SUN MICROSYSTEMS, INC., a Delaware corporation ( “Sun”), hereby grants you, (the “Optionee”), an option to purchase a total of shares of Common Stock (the “Shares”) at the Option Price specified on this agreement, and in all respects subject to the terms, definitions and provisions of the 1990 Long-Term Equity Incentive Plan (the “Plan”) adopted by Sun, which is incorporated herein by reference. Capitalized terms not defined in this agreement shall have the defined meanings provided in the Plan.

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