STOCKHOLDERS’ AGREEMENT Between AVANEX CORPORATION, ALCATEL and CORNING INCORPORATED Dated as of July 31, 2003Stockholders’ Agreement • August 4th, 2003 • Alcatel • Telephone & telegraph apparatus • Delaware
THIS STOCKHOLDERS’ AGREEMENT (the “Agreement”) is made and entered into as of July 31, 2003, among Avanex Corporation, a Delaware corporation (“Avanex”), Alcatel, a société anonyme with a capital of 2,529,416,996 euros, its registered office at 54, rue La Boétie 75008, Paris, France and registered in the Registry of Commerce and Companies under number 542019096 (“Alcatel”), and Corning Incorporated, a New York corporation (“Corning”). Corning and Alcatel are together referred to herein as the “Stockholders,” and each of them is referred to herein as a “Stockholder.”
