Standard Contracts
Exhibit 10.10 INDEMNIFICATION AGREEMENT THIS AGREEMENT (the "Agreement") is made and entered into as of December 22, 2003 between Egenera, Inc., a Delaware corporation ("the Company"), and Richard H. Kimball ("Indemnitee"). WITNESSETH THAT: WHEREAS,...Indemnification Agreement • June 24th, 2004 • Egenera, Inc. • Delaware
EXHIBIT 10.26 THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS, AND MAY NOT BE SOLD, PLEDGED, OR OTHERWISE TRANSFERRED WITHOUT AN EFFECTIVE REGISTRATION...Warrant Agreement • June 24th, 2004 • Egenera, Inc. • Delaware
Exhibit 10.19 THIRD AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT THIS THIRD AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT (the "Agreement"), made as of December 22, 2003, by and among Egenera, Inc., a Delaware corporation (the "Company"),...Registration Rights Agreement • June 24th, 2004 • Egenera, Inc. • Massachusetts
1. DEFINITIONS............................................................... 3 2. TERM...................................................................... 4 3. APPOINTMENT/SCOPE OF AGREEMENT............................................ 5 4. POINTS...Master Services Agreement • June 24th, 2004 • Egenera, Inc. • Pennsylvania
March 1, 2000Employment Agreement • June 24th, 2004 • Egenera, Inc. • Massachusetts
EXHIBIT 10.9 INDEMNIFICATION AGREEMENT INDEMNIFICATION AGREEMENT dated as of March 1 between NewHeading, Inc., a Delaware corporation (the "Company"), and the undersigned indemnitee (the "Indemnitee"). WHEREAS, it is essential to the Company to retain...Indemnification Agreement • June 24th, 2004 • Egenera, Inc. • Delaware
EXHIBIT 10.8 EMPLOYMENT AGREEMENT To: Mr. Thomas Sheehan 92 Maynard Farm Road Sudbury, Massachusetts 01776Employment Agreement • June 24th, 2004 • Egenera, Inc. • Massachusetts
EXHIBIT 10.12 NEGATIVE PLEDGE AGREEMENT This Negative Pledge Agreement is made as of June 12, 2003, by and between EGENERA, INC., a Delaware corporation with offices at 165 Forest Street, Marlborough, Massachusetts 01752 ("Borrower") and SILICON...Negative Pledge Agreement • June 24th, 2004 • Egenera, Inc.
EGENERA, INC.General Purchase Agreement • June 24th, 2004 • Egenera, Inc. • New York
EXHIBIT 10.5 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (this "Agreement") is entered into as of February 2, 2004 by and between EGENERA, INC., a Delaware corporation (the "Company"), and ROBERT M. DUTKOWSKY ("you"). The Company wishes to employ...Employment Agreement • June 24th, 2004 • Egenera, Inc. • Massachusetts
EXHIBIT 10.20 THIS WARRANT HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED OR ANY STATE SECURITIES LAWS. NO SALE OR DISPOSITION MAY BE EFFECTED WITHOUT (i) EFFECTIVE REGISTRATION STATEMENTS RELATED THERETO, (ii)AN OPINION OF...Warrant Agreement • June 24th, 2004 • Egenera, Inc. • Massachusetts
TERMS PROVISIONS PARTIES EGENERA ("Customer"), a Delaware corporation with offices located at 165 Forest St., Marlboro, MA 01752. CELESTICA Corporation ("Supplier"), a Delaware corporation with offices located at 9 Northeastern Boulevard, Salem, NH...Terms Sheet • August 12th, 2004 • Egenera, Inc. • Electronic computers
EGENERA, INC.Warrant Agreement • June 24th, 2004 • Egenera, Inc. • Massachusetts
EXHIBIT 10.13 EQUIPMENT LOAN AND SECURITY AGREEMENTEquipment Loan and Security Agreement • June 24th, 2004 • Egenera, Inc. • California
EXHIBIT 10.22 THIS WARRANT HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED OR ANY STATE SECURITIES LAWS. NO SALE OR DISPOSITION MAY BE EFFECTED WITHOUT (i) EFFECTIVE REGISTRATION STATEMENTS RELATED THERETO, (ii) AN OPINION OF...Warrant Agreement • June 24th, 2004 • Egenera, Inc. • Massachusetts
EXHIBIT 10.11 LOAN AND SECURITY AGREEMENT THIS LOAN AND SECURITY AGREEMENT (this "Agreement") dated as of June 12, 2003, between SILICON VALLEY BANK, a California chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara,...Loan and Security Agreement • June 24th, 2004 • Egenera, Inc. • Delaware
BACKGROUNDMultipath I/O Driver Program Agreement • June 24th, 2004 • Egenera, Inc. • Washington
BETWEENMaster Purchase, License and Maintenance Services Agreement • June 24th, 2004 • Egenera, Inc. • New York
RED HAT, INC.Certified System Partner Program Agreement • June 24th, 2004 • Egenera, Inc. • Delaware
Exhibit 10.4 AMENDED AND RESTATED IPO ALLOCATION AGREEMENT THIS AMENDED AND RESTATED IPO ALLOCATION AGREEMENT (this "Agreement") is entered into as of December 22, 2003 by and among Egenera, Inc., a Delaware corporation (the "Company"), Crosslink...Ipo Allocation Agreement • June 24th, 2004 • Egenera, Inc. • Massachusetts
EGENERA, INC.General Purchase Agreement • June 24th, 2004 • Egenera, Inc. • New York
EXHIBIT 10.15 CONFIDENTIAL MATERIALS OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS DENOTE OMISSIONS. [EMULEX LOGO] MANUFACTURING RIGHTS LICENSE AGREEMENTManufacturing Rights License Agreement • June 24th, 2004 • Egenera, Inc. • California
