XXX INCORPORATED. By: -------------------------------------- Name: -------------------------------- Title: --------------------------------
XXX INCORPORATED. By: --------------------------------------- Xxxxxxx Xxxxxxxx Chairman of the Board Xxxxxxxxx.xxx Incorporated
XXX INCORPORATED. By: Xxxx Xxxxxxxx Title: Chairman
XXX INCORPORATED. By: /s/ Xxxxxx X. Xxxx Print Name: Xxxxxx X. Xxxx Title: President and Chief Executive Officer Fed. Employer ID No.: 00-0000000 Organizational ID No.: 4607217 LENDER: By: /s/ Xxx X. Xxxxx Print Name: Xxx X. Xxxxx Title: Authorized Signatory WFBC/Xxxxxxx.xxx Credit and Security Agreement
XXX INCORPORATED. By: ------------------------------------------- Name: -------------------------------------- Title: ------------------------------------- [**] = Confidential treatment requested for redacted portion. [**] By: [**] ------------------------------------------- Name: [**] -------------------------------------- Title: [**] ------------------------------------- [**] = Confidential treatment requested for redacted portion. EXHIBIT A NOTICE OF EXERCISE To: Xxxxxxxxx.xxx Incorporated
XXX INCORPORATED. By: /s/ Xxxxxx X. Xxxx Xxxxxx X. Xxxx, Chief Executive Officer Address: 000 Xxxxx Xxxxxx Mountain View, CA 94040 Phone: (000) 000-0000 Facsimile: (000) 000-0000
XXX INCORPORATED. By: ------------------------------------- Name: Title: Attest: By: ----------------------------- Name: Title: TRUSTEE'S CERTIFICATE OF AUTHENTICATION This is one of the Securities referred to in the within-mentioned Indenture. Dated: August , 2003 AMERICAN STOCK TRANSFER & TRUST COMPANY, as Trustee By: ----------------------------------- Authorized Signatory -21- [FORM OF REVERSE] This Security is one of a duly authorized issue of securities of the Company designated as its "1.00% Convertible Senior Notes due August 1, 2010" (herein called the "Securities"), limited in aggregate principal amount to U.S. $100,000,000 (or $125,000,000 if the Initial Purchasers' Option is exercised in full), issued and to be issued under an Indenture, dated as of August 1, 2003 (herein called the "Indenture"), between the Company and American Stock Transfer & Trust Company, as Trustee (herein called the "Trustee", which term includes any successor trustee under the Indenture), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties and immunities thereunder of the Company, the Trustee and the Holders of the Securities and of the terms upon which the Securities are, and are to be, authenticated and delivered. As provided in the Indenture and subject to certain limitations therein set forth, Securities are exchangeable for a like aggregate principal amount of Securities of any authorized denominations as requested by the Holder surrendering the same upon surrender of the Security or Securities to be exchanged, at the Corporate Trust Office of the Trustee. The Trustee upon such surrender by the Holder will issue the new Securities in the requested denominations. No sinking fund is provided for the Securities. The Securities are also subject to redemption at the option of the Company at any time on or after August 1, 2008, in whole or in part, upon not less than 30 nor more than 60 days' notice to the Holders prior to the Redemption Date at a Redemption Price equal to 100% of the principal amount, together, in each case, with accrued and unpaid interest and Liquidated Damages, if any, to, but excluding, the Redemption Date; PROVIDED, HOWEVER, that interest installments on Securities whose Stated Maturity is on or prior to such Redemption Date will be payable to the Holders of such Securities, or one or more Predecessor Securities, of record at the close of business on the relevant ...
XXX INCORPORATED. DATED AS OF DECEMBER 4, 2000 -------------------------------------------------------------------------------- This EQUITY LINE OF CREDIT AGREEMENT is entered into as of the 4th day of December, 2000 (this "Agreement"), between Alpha Venture Capital, Inc., a corporation organized and existing under the laws of the Xxxx Islands (the "Investor"), and XxxxXxxxxxx.xxx, Incorporated, a corporation organized and existing under the laws of the State of Nevada (the "Company").
XXX INCORPORATED. By: -------------------------------- Name: Title: Exhibit B ACKNOWLEDGMENT AND AGREEMENT TO THE REGISTRATION RIGHTS AGREEMENT
XXX INCORPORATED. By: /s/ Xxx X. Xxxxxx -------------------------------- Name: Xxx X. Xxxxxx Title: Vice Chairman FIRST USA BANK, N.A. By: /s/ Xxxx X. Xxxxxxxxx ------------------------------- Name: Xxxx X. C ampisano Title: Senior Vice President SCHEDULE A DEFINITIONS
