WARRANT TO PURCHASE COMMON STOCK OF OPTICAL NETWORKS, INCORPORATEDWarrant Agreement • March 10th, 2000 • Oni Systems Corp • California
EXHIBIT 4.06 THESE SECURITIES HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT...Warrant Agreement • March 10th, 2000 • Oni Systems Corp • California
Exhibit 10.07 ONI SYSTEMS CORP. DAVIS STOCK OPTION PLAN AND AGREEMENTStock Option Agreement • June 1st, 2000 • Oni Systems Corp • Telephone & telegraph apparatus • California
FIRST AMENDMENTServices Agreement • May 15th, 2002 • Oni Systems Corp • Telephone & telegraph apparatus
Exhibit 10.11 SECOND AMENDMENT TO LEASE The SECOND AMENDMENT TO LEASE ("Agreement") is made and entered into as of June 19, 2000 by and between Optical Networks, Incorporated ("ONI") ("Tenant") and Cilker Revocable Trust of October 9, 1990...Lease • April 2nd, 2001 • Oni Systems Corp • Telephone & telegraph apparatus
EXHIBIT 1.01 ONI Systems Corp. Common Stock Underwriting Agreement ----------------------Underwriting Agreement • April 26th, 2000 • Oni Systems Corp • Telephone & telegraph apparatus • New York
Lease Year Rental Rate (Per Monthly Per Annum Rentable Square Foot) ----------- ------------------------------------------------------------------------ 1 $20.00 $ 90,066.67 $1,080,800.04 ----------------------------------------------...Lease Agreement • April 2nd, 2001 • Oni Systems Corp • Telephone & telegraph apparatus
ARTICLE 2 Registration RightsRegistration Rights Agreement • April 2nd, 2001 • Oni Systems Corp • Telephone & telegraph apparatus • California
ISSUER TOIndenture • November 14th, 2000 • Oni Systems Corp • Telephone & telegraph apparatus • New York
Exhibit 10.02 ONI SYSTEMS CORP. DAVIS STOCK OPTION PLAN AND AGREEMENTStock Option Agreement • August 13th, 2001 • Oni Systems Corp • Telephone & telegraph apparatus • California
WARRANT TO PURCHASE COMMON STOCK OF OPTICAL NETWORKS, INCORPORATEDWarrant Agreement • March 10th, 2000 • Oni Systems Corp • California
EXHIBIT 4.08 THESE SECURITIES HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT...Warrant Agreement • March 10th, 2000 • Oni Systems Corp • Illinois
X = Y(A-B) ------ A Where: X = the number of shares of Warrant Stock to be issued to the Warrantholder.Warrant Agreement • March 10th, 2000 • Oni Systems Corp • Illinois
B. Assignor and Assignee entered into an assignment of lease, dated as of the same date as this Agreement ("Assignment of Lease"), whereby Assignor ------------------- assigned to Assignee that portion of the "Premises" (as such term is defined in the...Right of First Refusal Agreement • March 10th, 2000 • Oni Systems Corp • Delaware
RECITALSAgreement and Plan of Reorganization • March 10th, 2000 • Oni Systems Corp • California
Common StockUnderwriting Agreement • October 5th, 2000 • Oni Systems Corp • Telephone & telegraph apparatus • New York
ARTICLE 9Series D Preferred Stock Purchase Agreement • March 10th, 2000 • Oni Systems Corp • California
RECITALSIndemnity Agreement • April 26th, 2000 • Oni Systems Corp • Telephone & telegraph apparatus • California
EXHIBIT 4.12 THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "ACT"), OR UNDER THE SECURITIES LAWS OF ANY STATES. THESE SECURITIES ARE SUBJECT TO...Warrant Agreement • April 26th, 2000 • Oni Systems Corp • Telephone & telegraph apparatus • California
1.1 Authorization. The Company will have authorized before the Closing ------------- (as defined below) the sale and issuance of up to 6,850,000 shares of the Company's Series E Preferred Stock (the "Series E Preferred"), having the ------------------...Series E Preferred Stock Purchase Agreement • March 10th, 2000 • Oni Systems Corp • California
Exhibit 1.01 ONI Systems Corp. [X]% Convertible Subordinated Notes due [___] Underwriting Agreement ----------------------Underwriting Agreement • October 5th, 2000 • Oni Systems Corp • Telephone & telegraph apparatus • New York
Exhibit 10.27 STANDARD FORM LEASE 1. Basic Provisions 1.1 Parties: This Lease, executed in duplicate at Cupertino, California, on May _____, 2000, by and between Mission West Properties, L.P., a Delaware limited partnership, and ONI Systems...Lease Agreement • May 24th, 2000 • Oni Systems Corp • Telephone & telegraph apparatus • California
1.1 Authorization. The Company will have authorized before the Closing ------------- (as defined below) the sale and issuance of up to 6,500,000 shares of the Company's Series G Preferred Stock (the "Series G Preferred"), having the ------------------...Series G Preferred Stock Purchase Agreement • March 10th, 2000 • Oni Systems Corp • California
EXHIBIT 10.24 [CONFIDENTIAL TREATMENT REQUESTED] PURCHASE AGREEMENT ------------------- This Purchase Agreement ("Agreement") is made between ONI Systems Corp. ("ONI") and E-TEK Dynamics, Inc. and its affiliates ("E-TEK"), as of the latest date signed...Purchase Agreement • May 24th, 2000 • Oni Systems Corp • Telephone & telegraph apparatus • California
March 29, 2000Separation Agreement • April 26th, 2000 • Oni Systems Corp • Telephone & telegraph apparatus
RECEIVED JAN 14 2000 Peery/Arrillaga January 5, 2000 Mr. Terrence J. Schmid Optical Networks, Inc. 166 Baypointe Parkway San Jose, CA 95134 RE: COMMENCEMENT OF LEASE Gentlemen: This letter will confirm our agreement relative to the Commencement Date...Lease Agreement • March 10th, 2000 • Oni Systems Corp
EXHIBIT 10.09 AMENDMENT TO LEASE This AMENDMENT TO LEASE (this "Agreement") is made and entered in to as of May 21, 1999 by and between Optical Networks, Incorporated ("Tenant") and Cilker Revocable Trust of October 9, 1990 ("Landlord) and effective...Lease Amendment • March 10th, 2000 • Oni Systems Corp • California
EXHIBIT 4.14 SUBSCRIPTION AGREEMENT This Subscription Agreement (the "Agreement") is made as of April 27, 2000 between Optical Networks, Incorporated, a California corporation, with its principal office at 166 Baypointe Parkway, San Jose, California...Subscription Agreement • May 3rd, 2000 • Oni Systems Corp • Telephone & telegraph apparatus • California
A. Certain of the Investors (the "Series B and C Investors") are holders ------------------------ of outstanding shares of the Company's Series B Preferred Stock ("Series B -------- Stock") and Series C Preferred Stock ("Series C Stock") issued by the...Investors' Rights Agreement • March 10th, 2000 • Oni Systems Corp • California
AGREEMENT AND PLAN OF MERGER BETWEEN CIENA CORPORATION AND ONI SYSTEMS CORP. Dated as of February 17, 2002Merger Agreement • February 25th, 2002 • Oni Systems Corp • Telephone & telegraph apparatus • Delaware
AGREEMENT AND PLAN OF MERGER (this “Agreement”) dated as of February 17, 2002 by and between CIENA CORPORATION, a Delaware corporation (“CIENA”) and ONI SYSTEMS CORP., a Delaware corporation (the “Company”).
Ken Burckhardt 390 La Strada Drive #15 San Jose, CA 95123 Re: Stock Bonus Agreement Dear Ken:Stock Bonus Agreement • November 13th, 2001 • Oni Systems Corp • Telephone & telegraph apparatus
On behalf of ONI Systems Corp. ("ONI"), I am pleased to offer you the position of Interim Chief Financial Officer for a term which begins on August 9, 2001 and continues until such time as ONI has hired a permanent Chief Financial Officer ("Permanent CFO"). During this term, your title will be Vice President, Finance and Interim Chief Financial Officer and, in this position, you will be reporting directly to the Chief Executive Officer.
EXHIBIT 4.11 OPTICAL NETWORKS, INCORPORATED REDEMPTION AND REPURCHASE AGREEMENTRedemption and Repurchase Agreement • March 10th, 2000 • Oni Systems Corp • California
Redemption Right: Immediately following execution of this Agreement, the parties will enter into good faith negotiations to establish a mutually agreeable test plan ("Test Plan") for Company products ("Products") to be purchased under the terms and conditions set forth in a definitive Purchase and License Agreement to be negotiated and executed by the Company and Williams subsequent to the date of this Agreement (the "Purchase Agreement"). The Test Plan will include at a minimum the following terms: (i) technical test criteria, (ii) notice of failures, (iii) period for correction and retesting. In the event that the Products fail to meet the requirements of the Test Plan, Company shall, upon written demand from Williams, redeem all or part of Williams' shares of Series G Preferred Stock of the Company (the "Williams Shares") for $17.00 per share plus accrued but unpaid dividends.
EXHIBIT 4.02 INVESTORS' RIGHTS AGREEMENT This Investors' Rights Agreement (this "Agreement") is made and entered into as of May 1, 2000 by and among ONI Systems Corp., a Delaware corporation (the "Company"), which succeeded its California predecessor,...Investors' Rights Agreement • May 3rd, 2000 • Oni Systems Corp • Telephone & telegraph apparatus • California
ARTICLE 1Series H Preferred Stock Purchase Agreement • May 3rd, 2000 • Oni Systems Corp • Telephone & telegraph apparatus • California
1.1 Authorization. The Company will have authorized before the Closing ------------- (as defined below) the sale and issuance of up to 4,124,800 shares of the Company's Series F Preferred Stock (the "Series F Preferred"), having the ------------------...Series F Preferred Stock Purchase Agreement • March 10th, 2000 • Oni Systems Corp • California
