AMENDED AND RESTATED] INDEMNIFICATION AGREEMENTIndemnification Agreement • November 4th, 2011 • Cyoptics Inc • Semiconductors & related devices • Delaware
This [Amended and Restated] Indemnification Agreement (“Agreement”) is made as of by and between CyOptics, Inc., a Delaware corporation (the “Company”), and (“Indemnitee”).
EXPORT-IMPORT BANK OF THE UNITED STATES WORKING CAPITAL GUARANTEE PROGRAM BORROWER AGREEMENTBorrower Agreement • 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”).
LOAN AND SECURITY AGREEMENT (GROWTH CAPITAL FACILITY)Loan and Security Agreement • August 12th, 2011 • Cyoptics Inc • 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:
Working Capital Line of Credit) LOAN AND SECURITY AGREEMENTLoan and Security 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:
SPECIAL BOARD NUMBER SIX OF THE STATE CONCILIATION AND ARBITRATION BUREAU. MATAMOROS, TAMAULIPASCollective Employment Contract • 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.
ARTICLE 2. USE AND OPERATION 2 ARTICLE 3. RENT 3 ARTICLE 4. SUBORDINATION 3 ARTICLE 5. “AS IS”; LANDLORD’S WORK 4 ARTICLE 6. ALTERATIONS AND REPAIRS 6 ARTICLE 7. INDEMNITY AND INSURANCE 10 ARTICLE 8. FIRE DAMAGE 12 ARTICLE 9. WAIVERS OF SUBROGATION 13...Lease Agreement • August 12th, 2011 • Cyoptics Inc
THIS LEASE, made as of the 26 day of May, 2001, by and between 47.07 ASSOCIATES L.P., a Delaware limited partnership, having a mailing address c/o National Realty & Development Corp., 3 Manhattanville Road, Purchase, New York 10577 (hereinafter referred to as “Landlord”), and KEY OPTICS, INC., a Delaware corporation, having an office at c/o Paul, Hastings, Janofsky & Walker LLC, 399 Park Avenue, New York, New York 10022 (hereinafter referred to as “Tenant”).
EMPLOYMENT AGREEMENTEmployment Agreement • August 12th, 2011 • Cyoptics Inc • Pennsylvania
THIS EMPLOYMENT AGREEMENT (the “Agreement”) is entered into as of January 1, 2005 (the “Effective Date”), by and between CyOptics, Inc. a Delaware corporation (the “Company”), and Ettore J. Coringrato, Jr. (the “Executive”).
Working Capital Line of Credit) EXPORT-IMPORT BANK LOAN AND SECURITY AGREEMENTExport-Import Bank Loan and Security Agreement • August 12th, 2011 • Cyoptics Inc • 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:
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 AGREEMENTIntellectual 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”).
CYOPTICS, INC.Investor Rights Agreement • August 12th, 2011 • Cyoptics Inc • Delaware
THIS 2011 AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENT (this “Agreement”) is made as of January 13, 2011, by and among CyOptics, Inc., a Delaware corporation (the “Company”) and the investors listed on Schedule A attached hereto (each of which is herein referred to individually as an “Investor” and collectively as the “Investors”).
INTELLECTUAL PROPERTY SECURITY AGREEMENTIntellectual Property Security Agreement • August 12th, 2011 • Cyoptics Inc • 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) EXPORT-IMPORT BANK LOAN AND SECURITY AGREEMENTExport-Import Bank Loan and Security 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:
LEASE AGREEMENT Between TRIQUINT OPTOELECTRONICS, INC. And CYOPTICS, INC.Lease Agreement • August 12th, 2011 • Cyoptics Inc • Pennsylvania
Building(s): The structures erected on the Property consisting of +/- 375,000 rentable square feet, either interconnected or free-standing, and as more fully depicted on Exhibit A-2 hereto.
