0001047469-11-008298 Sample Contracts

SPECIAL BOARD NUMBER SIX OF THE STATE CONCILIATION AND ARBITRATION BUREAU. MATAMOROS, TAMAULIPAS
Special Board Number • September 30th, 2011 • Cyoptics Inc • Semiconductors & related devices

This Collective Employment Contract and its annexes was presented on February sixteenth, two thousand and ten, executed between the UNION OF DAY LABORERS AND INDUSTRIAL WORKERS AND THE MAQUILIADORA INDUSTRY, represented by JUAN VILLAFUERTE MORALES, NOE GUADALUPE TOVAR GONZALEZ, JAVIER ARREOLA MARTINEZ AND ARTURO GARZA TREVIÑO, in their capacities as General Secretary, General Secretary, Secretary of the Interior, Labor Commission and Legal Representative, respectively, and the company named CYOPTICS OF MEXICO, S. DE R.L. DE C.V., represented by PEDRO ALFREDO LLAMAS CHAVEZ, in his capacity as Legal Representative. The Contract is assigned control number 00021/6/2010, for statistical purposes, and is being sent to the Local State Conciliation and Arbitration Board, so that said authority can reach whatever decision or take whatever action that is within its scope of authority. SO BE IT.

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LOAN AND SECURITY AGREEMENT (GROWTH CAPITAL FACILITY)
Loan and Security Agreement • September 30th, 2011 • Cyoptics Inc • Semiconductors & related devices • Delaware

THIS LOAN AND SECURITY AGREEMENT (GROWTH CAPITAL FACILITY) (this “Agreement”) dated as of May 21, 2008 (the “Effective Date”) between SILICON VALLEY BANK, a California corporation and with loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (“Bank”), and CYOPTICS, INC., a Delaware corporation (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:

INTELLECTUAL PROPERTY SECURITY AGREEMENT
Intellectual Property Security Agreement • September 30th, 2011 • Cyoptics Inc • Semiconductors & related devices • California

This Intellectual Property Security Agreement (this “IP Agreement”) is made as of the 21st day of May, 2008 by and between CYOPTICS, INC., a Delaware corporation, with offices at 9999 Hamilton Boulevard, Breinigsville, Pennsylvania 18031 (“Grantor”), and SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (“Lender”).

Working Capital Line of Credit) LOAN AND SECURITY AGREEMENT
Loan Modification Agreement • September 30th, 2011 • Cyoptics Inc • Semiconductors & related devices • Delaware

This LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of May 21, 2008, between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (FAX 617-969-5965) (“Bank”) and CYOPTICS, INC., a Delaware corporation with its chief executive office located at 9999 Hamilton Boulevard, Breinigsville, Pennsylvania 18031 (FAX ) (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:

Working Capital Line of Credit) EXPORT-IMPORT BANK LOAN AND SECURITY AGREEMENT
First Loan Modification Agreement • September 30th, 2011 • Cyoptics Inc • Semiconductors & related devices • Delaware

This EXPORT-IMPORT BANK LOAN AND SECURITY AGREEMENT (this “Exim Agreement”) dated as of May 21, 2008, between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (FAX 617-969-5965) (“Bank”) and CYOPTICS, INC., a Delaware corporation with its chief executive office located at 9999 Hamilton Boulevard, Breinigsville, Pennsylvania 18031 (FAX ) (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:

EXPORT-IMPORT BANK OF THE UNITED STATES WORKING CAPITAL GUARANTEE PROGRAM BORROWER AGREEMENT
Fast Track Borrower Agreement Supplement • September 30th, 2011 • Cyoptics Inc • Semiconductors & related devices

THIS BORROWER AGREEMENT (this “Agreement”) is made and entered into by the entity identified as Borrower on the signature page hereof (“Borrower”) in favor of the Export-Import Bank of the United States (“Ex-Im Bank”) and the institution identified as Lender on the signature page hereof (“Lender”).

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