ARTICLE 1Share Exchange Agreement • January 24th, 2000 • Citadel Environmental Group Inc • Security & commodity brokers, dealers, exchanges & services • Colorado
ARTICLE I THE MERGERMerger Agreement • July 12th, 2000 • San Holdings Inc • Security & commodity brokers, dealers, exchanges & services • Colorado
Exhibit 10.07 NINTH AMENDMENT TO CREDIT AND SECURITY AGREEMENT AND WAIVER OF DEFAULTS This Amendment, dated as of March 29, 2005, is made by and among SANZ INC., formerly known as Storage Area Networks, Inc., a Colorado corporation ("SANZ" or a...Credit and Security Agreement • March 31st, 2005 • San Holdings Inc • Computer storage devices • California
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 8th, 2006 • San Holdings Inc • Computer storage devices • New York
This Securities Purchase Agreement together with all schedules and exhibits, (this “Agreement”) is dated as of February 28, 2006, among San Holdings, Inc., a Colorado corporation (the “Company”), and each Purchaser identified on the signature pages hereto (each a “Purchaser” and collectively the “Purchasers”), each a “party” and collectively the “parties.”
ARTICLE 2 REPRESENTATIONS AND WARRANTIES OF SANAcquisition Agreement • January 31st, 2000 • Citadel Environmental Group Inc • Security & commodity brokers, dealers, exchanges & services • Colorado
ARTICLE 2 REPRESENTATIONS AND WARRANTIES OF SANPurchase Agreement • January 31st, 2000 • Citadel Environmental Group Inc • Security & commodity brokers, dealers, exchanges & services • Colorado
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • May 9th, 2006 • San Holdings Inc • Computer storage devices • New York
This Securities Purchase Agreement, together with all schedules and exhibits (this “Agreement”), is dated as of May 4, 2006, among SAN Holdings, Inc., a Colorado corporation (the “Company”), and the Purchaser identified on the signature pages hereto (the “Purchaser”), each a “party” and collectively the “parties.”
FORM OF REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • April 3rd, 2003 • San Holdings Inc • Computer storage devices • Delaware
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made as of April __, 2003, by and among SAN Holdings, Inc., a Colorado corporation (the “Company”), Sun Solunet, LLC, a Delaware limited liability company (“Sun”), and each Person whose name appears on the signature page hereto or who otherwise hereafter becomes a party to this Agreement (collectively, the “Other Investors”). Sun and the Other Investors are collectively referred to herein as the “Shareholders,” and are individually referred to herein as a “Shareholder.” Otherwise undefined capitalized terms used herein are defined in Section 9 hereof.
BONUS AGREEMENTBonus Agreement • November 19th, 2007 • San Holdings Inc • Computer storage devices • Colorado
This BONUS AGREEMENT (this "Agreement") is entered into as of this 13th day of November, 2007, by and between San Holdings, Inc, a Colorado corporation (the "Company"), and David Rosenthal, an individual ("Employee"), on the following terms and conditions:
FORM OF EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • April 3rd, 2002 • San Holdings Inc • Security & commodity brokers, dealers, exchanges & services • Colorado
THIS AGREEMENT (“Agreement”) is entered into by and between SAN Holdings, Inc., a Colorado corporation (“SANZ”), and Hugh O’Reilly (“the Executive”).
ARTICLE 2 REPRESENTATIONS AND WARRANTIES OF SANPurchase Agreement • January 31st, 2000 • Citadel Environmental Group Inc • Security & commodity brokers, dealers, exchanges & services • Colorado
SAN HOLDINGS, INC. FIRST AMENDMENT TO HARRIS LOAN AUTHORIZATION AGREEMENTHarris Loan Authorization Agreement • October 2nd, 2003 • San Holdings Inc • Computer storage devices • Illinois
Reference is hereby made to that certain Harris Loan Authorization Agreement dated as of May 16, 2003 (the Harris Loan Authorization Agreement, as the same may be amended from time to time, being referred to herein as the “Loan Agreement”), between the undersigned, San Holdings, Inc., a Colorado corporation (the “Borrower”), and Harris Trust and Savings Bank (the “Bank”). All capitalized terms used herein without definition shall have the same meanings herein as such terms have in the Loan Agreement.
Exhibit 10.01 SAN HOLDINGS, INC. SEVENTH AMENDMENT TO HARRIS LOAN AUTHORIZATION AGREEMENT Harris N.A., as successor to Harris Trust and Savings Bank Chicago, Illinois Ladies and Gentlemen: Reference is hereby made to that certain Harris Loan...Harris Loan Authorization Agreement • June 7th, 2005 • San Holdings Inc • Computer storage devices • Illinois
Harris Loan Authorization AgreementLoan Authorization Agreement • November 2nd, 2006 • San Holdings Inc • Computer storage devices • Illinois
The Company referred to below has applied for, and Harris N.A., Chicago, Illinois (“Bank”), has approved the establishment of, a loan authorization account (“Loan Account”) from which the Company may from time to time request loans up to the maximum amount of credit shown below (the “Maximum Credit”). Interest on such loans is computed at a variable rate which may change daily based upon changes in the Bank’s Prime Rate. The Company may make principal payments at any time and in any amount. The request by the Company for, and the making by the Bank of, any loan against the Loan Account shall constitute an agreement between the Company and the Bank as follows:
SHAREHOLDERS AGREEMENTShareholder Agreement • April 21st, 2003 • San Holdings Inc • Computer storage devices • Delaware
THIS SHAREHOLDERS AGREEMENT (this “Agreement”) is made as of April 4, 2003, by and among (i) Sun Solunet, LLC, a Delaware limited liability company (“Sun”), (ii) Hollger LLC, a Delaware limited liability company (“Hollger”), solely for purposes of Section 5(c) hereof, (iii) SAN Holdings, Inc., a Colorado corporation (the “Company”), and each other Person whose name appears on the signature page hereto or who otherwise hereafter becomes a party to this Agreement (collectively, the “Minority Shareholders”). Certain other capitalized terms used herein are defined in Section 1.
CATLIN PROPERTIES, INC. MULTI-TENANT OFFICE LEASE AGREEMENT (CROSSROADS I AT MERIDIAN, 9800 PYRAMID COURT, ENGLEWOOD, COLORADO) (FULL-SERVICE GROSS, COLORADO FORM) with SANZ INC., a Colorado corporation as “Tenant”Office Lease Agreement • May 12th, 2005 • San Holdings Inc • Computer storage devices
THIS LEASE is made as of the Lease Date set forth in the Basic Lease Information, by and between the Landlord identified in the Basic Lease Information (“Landlord”), and the Tenant identified in the Basic Lease Information (“Tenant”). Landlord and Tenant hereby agree as follows:
SECOND AMENDMENT TO CREDIT AND SECURITY AGREEMENTCredit and Security Agreement • November 4th, 2002 • San Holdings Inc • Computer storage devices
This Amendment, dated as of July 1, 2002, is made by and between STORAGE AREA NETWORKS, INC., a Colorado corporation (the “Borrower”), and WELLS FARGO BUSINESS CREDIT, INC., a Minnesota corporation (the “Lender”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • April 21st, 2006 • San Holdings Inc • Computer storage devices • New York
This Securities Purchase Agreement, together with all schedules and exhibits (this “Agreement”), is dated as of April 18, 2006, among SAN Holdings, Inc., a Colorado corporation (the “Company”), and each Purchaser (as defined below) identified on the signature pages hereto, each a “party” and collectively the “parties.”
AGREEMENT AND PLAN OF MERGER BY AND AMONG SAN HOLDINGS, INC. AND ITS WHOLLY OWNED SUBSIDIARY ITIS ACQUISITION CORP. AND ITIS SERVICES, INC. December 10, 2001Merger Agreement • January 3rd, 2002 • San Holdings Inc • Security & commodity brokers, dealers, exchanges & services • Colorado
San Holdings, Inc. Sixth Amendment To Harris Loan Authorization AgreementHarris Loan Authorization Agreement • March 11th, 2005 • San Holdings Inc • Computer storage devices • Illinois
Reference is hereby made to that certain Harris Loan Authorization Agreement dated as of May 16, 2003 (the Harris Loan Authorization Agreement, as the same may be amended from time to time, being referred to herein as the “Loan Agreement”), between the undersigned, SAN Holdings, Inc., a Colorado corporation (the “Borrower”), and Harris Trust and Savings Bank (the “Bank”). All capitalized terms used herein without definition shall have the same meanings herein as such terms have in the Loan Agreement.
FIRST AMENDMENT TO CREDIT AND SECURITY AGREEMENT AND WAIVER OF DEFAULTSCredit and Security Agreement • May 14th, 2002 • San Holdings Inc • Computer storage devices
This Amendment, dated as of January 17, 2002, is made by and between STORAGE AREA NETWORKS, INC., a Colorado corporation (the “Borrower”), and WELLS FARGO BUSINESS CREDIT, INC., a Minnesota corporation (the “Lender”).
TWELFTH AMENDMENT TO CREDIT AND SECURITY AGREEMENTCredit and Security Agreement • April 3rd, 2007 • San Holdings Inc • Computer storage devices
This Amendment, dated as of April 2, 2007, is made by and among SANZ INC., formerly known as Storage Area Networks, Inc., a Colorado corporation (“SANZ” or a “Borrower”), SOLUNET STORAGE, INC., a Delaware corporation (“Solunet” or a “Borrower”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (the “Lender”), acting through its WELLS FARGO BUSINESS CREDIT operating division.
THIRTEENTH AMENDMENT TO CREDIT AND SECURITY AGREEMENTCredit and Security Agreement • August 10th, 2007 • San Holdings Inc • Computer storage devices
This Amendment, dated as of August 6, 2007, is made by and among SANZ INC., formerly known as Storage Area Networks, Inc., a Colorado corporation (“SANZ” or a “Borrower”), SOLUNET STORAGE, INC., a Delaware corporation (“Solunet” or a “Borrower”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (the “Lender”), acting through its WELLS FARGO BUSINESS CREDIT operating division.
CREDIT AGREEMENTCredit Agreement • May 16th, 2007 • San Holdings Inc • Computer storage devices • Delaware
This CREDIT AGREEMENT (as the same may be amended, restated, supplemented or otherwise modified from time to time, this "Agreement") is made as of May 16, 2007, by and between SAN HOLDINGS, INC., a Colorado corporation (the "Company"), and SUN CAPITAL PARTNERS II, LP, as administrative agent (in such capacity, “Administrative Agent” or “Agent”) and as a lender (in such capacity, the “Lender”).
SUN CAPITAL PARTNERS II, LPLoan Agreement • November 29th, 2005 • San Holdings Inc • Computer storage devices • Delaware
Reference is made to that certain letter agreement, dated as of March 31, 2003, by and among, Sun Capital Partners II, LP, a Delaware limited partnership (the "Fund"), and SAN Holdings, Inc., a Colorado corporation ("SANZ") (the "Letter Agreement"). Capitalized terms used herein without definition have the meanings ascribed to them in the Letter Agreement.
SAN HOLDINGS, INC. FIRST AMENDMENT TO HARRIS LOAN AUTHORIZATION AGREEMENTHarris Loan Authorization Agreement • March 15th, 2007 • San Holdings Inc • Computer storage devices • Illinois
Reference is hereby made to that certain Harris Loan Authorization Agreement dated as of October 27, 2006 (the Harris Loan Authorization Agreement, as the same may be amended from time to time, being referred to herein as the “Loan Agreement”), between the undersigned, SAN Holdings, Inc., a Colorado corporation (the “Borrower”), and Harris N.A. (the “Bank”). All capitalized terms used herein without definition shall have the same meanings herein as such terms have in the Loan Agreement.
ELEVENTH AMENDMENT TO CREDIT AND SECURITY AGREEMENT AND WAIVER OF DEFAULTSCredit and Security Agreement • May 15th, 2006 • San Holdings Inc • Computer storage devices
This Amendment, dated as of April 17, 2006, is made by and among SANZ INC., formerly known as Storage Area Networks, Inc., a Colorado corporation (“SANZ” or a “Borrower”), SOLUNET STORAGE, INC., a Delaware corporation (“Solunet” or a “Borrower”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (the “Lender”), acting through its WELLS FARGO BUSINESS CREDIT operating division.
FORM OF MANAGEMENT SERVICES AGREEMENTManagement Services Agreement • April 3rd, 2003 • San Holdings Inc • Computer storage devices • Delaware
This MANAGEMENT SERVICES AGREEMENT (the “Agreement”), dated as of April __, 2003 (the “Effective Date”), is entered into by and between SAN Holdings, Inc., a Colorado corporation with offices at 900 W. Castleton Road, Suite 1000, Castle Rock, CO 80104 (the “Company”), and Sun Capital Partners Management, LLC, a Delaware limited liability company with offices at 5200 Town Center Circle, Suite 470, Boca Raton, Florida 33486 (the “Manager”).
EMPLOYMENT AGREEMENTEmployment Agreement • April 3rd, 2002 • San Holdings Inc • Security & commodity brokers, dealers, exchanges & services • Colorado
THIS EMPLOYMENT AGREEMENT (“Agreement”), to become effective as set forth below, is entered into by and between SAN Holdings Inc., a Colorado corporation (“Employer”) and John Jenkins (“Employee”). In consideration of the mutual covenants contained in this Agreement, Employer agrees to employ Employee, and Employee agrees to be employed by Employer, upon the terms and conditions hereinafter set forth.
SEPARATION AGREEMENT AND GENERAL RELEASESeparation Agreement • November 4th, 2004 • San Holdings Inc • Computer storage devices
This Separation Agreement and General Release, dated November 1, 2004, is by and between Michael J. Phelan (“Employee”) and SANZ Inc. (the “Company”, and collectively with SAN Holdings, Inc., Solunet Storage, Inc. and Solunet Storage Holding Corp., the “Corporate Group”).
AGREEMENT AND PLAN OF MERGER by and among SAN HOLDINGS, INC., SAN MERGER SUBSIDIARY, INC., SUN SOLUNET, LLC and SOLUNET STORAGE HOLDING CORP. March 31, 2003Merger Agreement • April 3rd, 2003 • San Holdings Inc • Computer storage devices • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of March 31, 2003, is made by and among SAN Holdings, Inc., a Colorado corporation (“SANZ”), SAN Merger Subsidiary, Inc., a Delaware corporation and wholly-owned subsidiary of SANZ (“Merger Sub”), Sun Solunet, LLC, a Delaware limited liability company (“Sun”), and Solunet Storage Holding Corp., a Delaware corporation (“Holding”). SANZ, Merger Sub, Sun and Holding are sometimes collectively referred to herein as the “Parties” and individually as a “Party”. Capitalized terms used and not otherwise defined herein have the meanings set forth in Article X below.
SUN CAPITAL PARTNERS II, LP 5200 Town Center Circle Suite 470 Boca Raton, FL 33486 March 31, 2003Merger Agreement • April 3rd, 2003 • San Holdings Inc • Computer storage devices • Delaware
Reference is made to that certain Agreement and Plan of Merger (the “Merger Agreement”), dated as of March 31, 2003, by and among SAN Holdings, Inc., a Colorado corporation (“SANZ”), SAN Merger Subsidiary, Inc., a Delaware corporation, Sun Solunet, LLC, a Delaware limited liability company (“Sun”), and Solunet Storage Holding Corp., a Delaware corporation (“Holding”). Capitalized terms used and not otherwise defined herein have the meanings set forth in the Merger Agreement.
EIGHTH AMENDMENT TO CREDIT AND SECURITY AGREEMENT AND WAIVER OF DEFAULTSCredit and Security Agreement • November 4th, 2004 • San Holdings Inc • Computer storage devices
This Amendment, dated as of October 29, 2004, is made by and between SANZ INC., formerly known as Storage Area Networks, Inc., a Colorado corporation (the “Borrower”), and WELLS FARGO BUSINESS CREDIT, INC., a Minnesota corporation (the “Lender”).
San Holdings, Inc. Ninth Amendment To Loan Authorization AgreementLoan Authorization Agreement • February 9th, 2006 • San Holdings Inc • Computer storage devices • Illinois
Reference is hereby made to that certain Loan Authorization Agreement dated as of May 16, 2003 (the Loan Authorization Agreement, as the same may be amended from time to time, being referred to herein as the “Loan Agreement”), between the undersigned, SAN Holdings, Inc., a Colorado corporation (the “Borrower”), and Sun Solunet, LLC, as assignee of Harris N.A., as successor to Harris Trust and Savings Bank due to merger (the “Bank Assignee”). All capitalized terms used herein without definition shall have the same meanings herein as such terms have in the Loan Agreement.
CREDIT AND SECURITY AGREEMENT Dated as of May 31, 2001Credit and Security Agreement • August 13th, 2001 • San Holdings Inc • Security & commodity brokers, dealers, exchanges & services • Colorado
STORAGE AREA NETWORKS, INC., a Colorado corporation (the "Borrower"), and WELLS FARGO BUSINESS CREDIT, INC., a Minnesota corporation (the "Lender"), hereby agree as follows:
