Common use of Avanex Rights Agreement Clause in Contracts

Avanex Rights Agreement. The Board of Directors of Avanex has amended ----------------------- (substantially in the form provided to Oplink) the Preferred Stock Rights Agreement entered into as of July 26, 2001 between Avanex and EquiServe Trust Company, N.A. (the "Avanex Rights Agreement") to the effect that none of Oplink or any of its affiliates shall become an "Acquiring Person" and that no "Distribution Date" or "Triggering Event" (as such terms are defined in the Avanex Rights Agreement) will occur as a result of the approval, execution or delivery of this Agreement, the Avanex Option Agreement the Avanex Voting Agreements or the consummation of the transactions contemplated hereby and thereby.

Avanex Rights Agreement. The Board of Directors of Avanex has amended ----------------------- (substantially in the form provided to Oplink) the Preferred Stock Rights Agreement entered into as of July 26, 2001 between Avanex and EquiServe Trust Company, N.A. N.A., as amended (the "“Avanex Rights Agreement"”) to the effect that none of Oplink Parent, Corning or any of its their respective affiliates shall become an "“Acquiring Person" and that no "Distribution Date" or "Triggering Event" ” (as such terms are term is defined in the Avanex Rights Agreement) will occur as a result of the approval, execution or delivery of this Agreement, the Avanex Option Agreement the Avanex Voting Agreements or the consummation of the transactions contemplated hereby and thereby.

Avanex Rights Agreement. The Board of Directors of Avanex has ----------------------- amended ----------------------- (substantially in the form provided to Oplink) the Preferred Stock Rights Agreement entered into as of July 26, 2001 between Avanex and EquiServe Trust Company, N.A. (the "Avanex Rights Agreement") to the effect that none of Oplink or any of its affiliates shall become an "Acquiring Person" and that no "Distribution Date" or "Triggering Event" (as such terms are defined in the Avanex Rights Agreement) will occur as a result of the approval, execution or delivery of this Agreement, the Avanex Option Agreement the Avanex Voting Agreements or the consummation of the transactions contemplated hereby and thereby.