Standard Contracts
RECITALS:Participation Agreement • February 25th, 2002 • McData Corp • Communications equipment, nec • New York
EXHIBIT 10.4 SERVICES AGREEMENT This services agreement (the "Agreement") is made this 1st day of October 1997 by and between EMC Corporation ("EMC"), a Massachusetts corporation, McDATA Holdings Corporation ("Holdings"), a Delaware corporation and...Services Agreement • May 31st, 2000 • McData Corp
TERMINATION AGREEMENTTermination Agreement • March 2nd, 2001 • McData Corp • Communications equipment, nec • Delaware
OFFICE LEASEOffice Lease • November 13th, 2000 • McData Corp • Communications equipment, nec • Colorado
1 EXHIBIT 4.3 AMENDMENT NO. 1 TO INVESTORS' RIGHTS AGREEMENT This AMENDMENT NO. 1 TO THE INVESTORS' RIGHTS AGREEMENT (this "Amendment No. 1") is being entered into as of May 23, 2000 between McDATA Corporation, a Delaware corporation (the "Company"),...Investors' Rights Agreement • June 13th, 2000 • McData Corp • Communications equipment, nec
COSMOPOLITAN CORPORATE CENTRE PHASE IILease Agreement • May 31st, 2000 • McData Corp
EXHIBIT 99.1 RIGHTS AGREEMENTRights Agreement • May 21st, 2001 • McData Corp • Communications equipment, nec • New York
40-00-110-00 DEVELOPMENT AGREEMENT NUMBER * Certain information in this agreement has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. Asterisks within brackets...Development Agreement • July 24th, 2000 • McData Corp • Communications equipment, nec
01-92-03-0A McDATA Agreement NumberManufacturing Agreement • July 24th, 2000 • McData Corp • Communications equipment, nec • Colorado
1 EXHIBIT 1.1 [INSERT NUMBER OF SHARES] MCDATA CORPORATION CLASS B COMMON STOCK, $0.01 PAR VALUE UNDERWRITING AGREEMENT ----------------------Underwriting Agreement • July 17th, 2000 • McData Corp • Communications equipment, nec • New York
1 EXHIBIT 10.7 AMENDED AND RESTATED TAX SHARING AGREEMENTTax Sharing Agreement • June 13th, 2000 • McData Corp • Communications equipment, nec • Delaware
1 EXHIBIT 10.9 FORM OF INDEMNIFICATION AND INSURANCE MATTERS AGREEMENTIndemnification & Liability • May 31st, 2000 • McData Corp • New York
1 Exhibit 10.16 COMMERCIAL LEASE COLORADO TECH CENTER 1722 BOXELDER STREET LOUISVILLE, COLORADO LANDLORD: THE MILLS FAMILY, LLC TENANT: McDATA Corporation 2 Table of Contents TABLE OF...Commercial Lease • May 31st, 2000 • McData Corp • Colorado
EXHIBIT 1Joint Filing Agreement • January 16th, 2002 • McData Corp • Communications equipment, nec
Waddell & Reed Financial, Inc., Waddell & Reed Financial Services, Inc., Waddell & Reed, Inc. and Waddell & Reed Investment Management Company (the "Filing Persons"), hereby agree to file jointly a Schedule 13G and any amendments thereto relating to the aggregate ownership by each of the Filing Persons of any voting equity security of a class which is registered pursuant to Section 12 of the Securities Exchange Act of 1934, as amended, as required by Rule 13d-1 and Rule 13d-2 promulgated under the Securities Exchange Act of 1934. Each of the Filing Persons agrees that the information set forth in such Schedule 13G and any amendments thereto with respect to such Filing Person will be true, complete and correct as of the date of such Schedule 13G or such amendment, to the best of such Filing Person's knowledge and belief, after reasonable inquiry. Each of the Filing Persons makes no representations as to the accuracy or adequacy of the information set forth in the Schedule 13G or any ame
1 EXHIBIT 10.11 MCDATA CORPORATION RESALE AGREEMENT AGREEMENT NO. 90-00-0109-07 "MCDATA" McDATA Corporation 310 Interlocken Parkway Broomfield, CO 80021-3464 "RESELLER" International Business Machines Corporation Poughkeepsie, NY 12601 This Master...Resale Agreement • August 3rd, 2000 • McData Corp • Communications equipment, nec • New York
ASSET TRANSFER AGREEMENT AMONG MCDATA HOLDINGS CORPORATION, MCDATA CORPORATION AND EMC CORPORATION OCTOBER 1, 1997Asset Transfer Agreement • May 31st, 2000 • McData Corp • Delaware
1 EXHIBIT 10.8 FORM OF MASTER TRANSACTION AGREEMENTMaster Transaction Agreement • May 31st, 2000 • McData Corp • New York
McDATA CORPORATION 21/4% Convertible Subordinated Notes due 2010 REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • February 14th, 2003 • McData Corp • Communications equipment, nec • New York
McDATA Corporation, a Delaware corporation (the "Company"), proposes to issue and sell to Banc of America Securities LLC, Credit Suisse Boston LLC and Salomon Smith Barney Inc. (collectively, the "Initial Purchasers"), upon the terms set forth in a purchase agreement of even date herewith (the "Purchase Agreement"), $150,000,000 aggregate principal amount (plus up to an additional $22,500,000 principal amount) of its 21/4% Convertible Subordinated Notes due 2010 (the "Initial Securities"). The Initial Securities will be convertible into shares of Class A Common Stock, par value $.01 per share, of the Company (the "Common Stock") at the conversion price set forth in the Offering Memorandum dated February 3, 2002 (the "Offering Memorandum"). The Initial Securities will be issued pursuant to an Indenture, dated as of February 7, 2003 (the "Indenture"), among the Company and Wells Fargo Bank Minnesota, National Association, as trustee (the "Trustee"). As an inducement to the Initial Purcha
1 EXHIIBIT 10.19.3 ============================================================ ==================== PARTICIPATION AGREEMENTParticipation Agreement • March 2nd, 2001 • McData Corp • Communications equipment, nec • New York
LEASE betweenLease • March 2nd, 2001 • McData Corp • Communications equipment, nec • New York
AGREEMENT NO. ____ BROCADE COMMUNICATION SYSTEMS, INC. OEM AND LICENSE AGREEMENT This BROCADE Communications Systems, Inc. Original Equipment Manufacturer ("OEM") and License Agreement (including the attached terms and conditions and exhibits, each of...Oem and License Agreement • July 24th, 2000 • McData Corp • Communications equipment, nec • California
40-00-109-00 OEM AGREEMENT NUMBEROem Purchase and License Agreement • August 3rd, 2000 • McData Corp • Communications equipment, nec • Massachusetts
EXHIBIT 99.1 Confidential Treatment Requested [*] Redacted Text McDATA Corporation MANUFACTURING AND PURCHASE AGREEMENT "McDATA" McDATA Corporation 380 Interlocken Crescent Broomfield, CO 80021-3464 "SCI" SCI Technology, Inc. d.b.a. SCI Systems, Inc....Manufacturing and Purchase Agreement • February 25th, 2002 • McData Corp • Communications equipment, nec • Colorado
FIRST SUPPLEMENTAL INDENTURESupplemental Indenture • June 2nd, 2005 • McData Corp • Communications equipment, nec • New York
THIS FIRST SUPPLEMENTAL INDENTURE dated as of June 1, 2005 (this "Supplemental Indenture"), is entered into by and among McDATA Corporation, a Delaware corporation ("McDATA"), Computer Network Technology Corporation, a Minnesota corporation (the "Company"), and U.S. Bank National Association, a national banking association, as trustee (the "Trustee"). Capitalized terms used herein and not otherwise defined have the meanings set forth in the Indenture referred to below.
AGREEMENT AND PLAN OF MERGER dated as of January 17, 2005 among COMPUTER NETWORK TECHNOLOGY CORPORATION, MCDATA CORPORATION and CONDOR ACQUISITION, INC.Merger Agreement • January 18th, 2005 • McData Corp • Communications equipment, nec • Delaware
AGREEMENT AND PLAN OF MERGER (this "Agreement") dated as of January 17, 2005 among Computer Network Technology Corporation, a Minnesota corporation (the "Company"), McDATA Corporation, a Delaware corporation ("Parent"), and Condor Acquisition, Inc., a Minnesota corporation and a wholly-owned subsidiary of Parent ("Merger Subsidiary").
MCDATA CORPORATION [FORM OF 6 MONTH, 9 MONTH AND 1 YEAR] AMENDED AND RESTATED EXECUTIVE SEVERANCE AGREEMENTExecutive Severance Agreement • December 6th, 2004 • McData Corp • Communications equipment, nec • Colorado
This Amended and Restated Executive Severance Agreement (the “Agreement”) is made by and between McDATA Corporation (the “Company”), and you (as indicated on the signature page). This Agreement is effective as of September 8, 2004 (the “Effective Date”). For purposes of this Agreement, the “Company” shall include any parent, subsidiary or affiliate of McDATA and the successors of any of them, unless otherwise specifically noted.
VOTING AGREEMENTVoting Agreement • January 18th, 2005 • McData Corp • Communications equipment, nec • Delaware
THIS VOTING AGREEMENT, is made and entered into as of this 17th day of January, 2005 (the "Agreement"), by and among McDATA Corporation, a Delaware corporation ("Parent"); Condor Acquisition, Inc., a Minnesota corporation and a wholly owned subsidiary of Parent ("Merger Sub"); Computer Network Technology Corporation, a Minnesota corporation (the "Company"); Thomas G. Hudson; Thomas G. Hudson 2004 Grantor Retained Annuity Trust dated October 15, 2004, Thomas G. Hudson, Trustee; Erwin A. Kelen; John A. Rollwagen; Patrick W. Gross; Lawrence A. McLernon; Kathleen B. Earley; Bruce J. Ryan.; Gregory T. Barnum; Mark R. Knittel; Edward J. Walsh and Robert R. Beyer (each a "Shareholder" and collectively, the "Shareholders").
MCDATA CORPORATION SEVERANCE AGREEMENTSeverance Agreement • December 12th, 2003 • McData Corp • Communications equipment, nec • Colorado
This Agreement is made by and between McDATA Corporation (the “Company”), and you, John A. Kelley, Jr. This Agreement is effective as of December 12, 2003 (the “Effective Date”). For purposes of this Agreement, the “Company” shall include any parent or subsidiary of the Company, unless the context clearly requires otherwise.
McDATA CORPORATION CONSULTING AND NON-COMPETITION AGREEMENTConsulting and Non-Competition Agreement • June 2nd, 2005 • McData Corp • Communications equipment, nec • Colorado
THIS CONSULTING AND NON-COMPETITION AGREEMENT (the "Agreement") is entered into subject to and effective as of June 1, 2005 (the "Effective Time") by and between McDATA CORPORATION, a Delaware corporation (the "Company"), and GREGORY T. BARNUM ("Consultant").
MCDATA SYNTHETIC LEASE SECOND AMENDMENT TO PARTICIPATION AGREEMENTParticipation Agreement • November 14th, 2001 • McData Corp • Communications equipment, nec • New York
This SECOND AMENDMENT TO PARTICIPATION AGREEMENT (this "Amendment") dated as of November 9, 2001, is by and among MCDATA CORPORATION, a Delaware corporation, as Lessee and Construction Agent (in its capacity as Lessee, the "Lessee" and in its capacity as Construction Agent, the "Construction Agent"); DEUTSCHE BANK AG, NEW YORK BRANCH, a duly licensed branch of Deutsche Bank AG, a German corporation, as Agent Lessor for the Lessors (in such capacity, the "Agent Lessor"), and as a Lessor (together with any permitted successors and assigns, each a "Lessor" and collectively the "Lessors"); and DEUTSCHE BANK AG, NEW YORK AND/OR CAYMAN ISLANDS BRANCH, as a Lender (together with the other financial institutions as may from time to time become lenders, the "Lenders") under the Credit Agreement and as Agent for the Lenders (in such capacity, the "Agent"). Capitalized terms used herein and not otherwise defined shall have the meanings assigned such terms in Annex A to the Participation Agreement
EXHIBIT 10.21 FORM OF STOCK OPTION AGREEMENT Pursuant to the Grant Notice and this Stock Option Agreement, the Company has granted you an option to purchase the number of shares of the Company's Class B Common Stock ("CLASS B COMMON STOCK") indicated...Stock Option Agreement • June 13th, 2000 • McData Corp • Communications equipment, nec
1 EXHIBIT 10.6 TECHNOLOGY RIGHTS AGREEMENT This Agreement entered into this 1st day of October, 1997 by and among EMC Corporation ("EMC"), a Massachusetts corporation, McDATA Holdings Corporation ("Holdings"), a Delaware corporation and McDATA...Technology Rights Agreement • May 31st, 2000 • McData Corp • Delaware
DISTRIBUTION AGREEMENT Agreement No. 40-98-0096-07 (As Amended Through Amendment #17)Distribution Agreement • April 15th, 2004 • McData Corp • Communications equipment, nec
Amendment No. 2 to OEM Purchase and License Agreement between McDATA and EMCOem Purchase and License Agreement • August 8th, 2001 • McData Corp • Communications equipment, nec
This Amendment No. 2 (the "Amendment") to the OEM Purchase and License Agreement (the "OEM Agreement") dated May 19, 2000 by and between McDATA Corporation ("McDATA"), 310 Interlocken Parkway, Broomfield, Colorado 80021-3464, and EMC Corporation, 171 South Street, Hopkinton, Massachusetts 01748 ("EMC"), is made this 21th day of June 2001 by and between McDATA and EMC and commences on the date accepted and executed by McDATA ("Effective Date").
AGREEMENT AND PLAN OF REORGANIZATION BY AND AMONG BROCADE COMMUNICATIONS SYSTEMS, INC., WORLDCUP MERGER CORPORATION AND MCDATA CORPORATION Dated as of August 7, 2006Agreement and Plan of Reorganization • August 8th, 2006 • McData Corp • Communications equipment, nec • Delaware
This AGREEMENT AND PLAN OF REORGANIZATION (this “Agreement”) is made and entered into as of August 7, 2006, by and among Brocade Communications Systems, Inc., a Delaware corporation (“Parent”), Worldcup Merger Corporation, a Delaware corporation and direct wholly-owned subsidiary of Parent (“Merger Sub”), and McDATA Corporation, a Delaware corporation (the “Company”).
