RECITALSLoan and Security Agreement • September 21st, 2001 • Exabyte Corp /De/ • Computer storage devices • Colorado
ARTICLE IRegistration Rights Agreement • October 5th, 2001 • Exabyte Corp /De/ • Computer storage devices • Delaware
AIWA - ECRIXMemorandum of Understanding • October 5th, 2001 • Exabyte Corp /De/ • Computer storage devices
LEASELease • October 5th, 2001 • Exabyte Corp /De/ • Computer storage devices • Colorado
AMENDMENT TO LEASE (April 15, 2000)Lease Amendment • October 5th, 2001 • Exabyte Corp /De/ • Computer storage devices
LEASE AGREEMENTLease Agreement • October 5th, 2001 • Exabyte Corp /De/ • Computer storage devices
EXABYTE CORPORATION and THE FIRST NATIONAL BANK OF BOSTON Rights Agent Rights Agreement Dated as of January 24, 1991Rights Agreement • February 15th, 2001 • Exabyte Corp /De/ • Computer storage devices • Delaware
Agreement, dated as of January 24, 1991, between Exabyte Corporation, a Delaware corporation (the "Company"), and The First National Bank of Boston, a national banking association (the "Rights Agent").
THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT, WAIVER AND CONSENTLoan and Security Agreement • September 21st, 2001 • Exabyte Corp /De/ • Computer storage devices • Texas
RECITALSLoan and Security Agreement • August 23rd, 2001 • Exabyte Corp /De/ • Computer storage devices • Colorado
EXABYTE LOGO]Purchase Agreement • September 21st, 2001 • Exabyte Corp /De/ • Computer storage devices • Colorado
RECITALS:Subordination and Intercreditor Agreement • September 21st, 2001 • Exabyte Corp /De/ • Computer storage devices • Texas
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • May 4th, 2004 • Exabyte Corp /De/ • Computer storage devices • New York
This Securities Purchase Agreement (this "Agreement") is dated as of April 30, 2004, by and among Exabyte Corporation, a Delaware corporation (the "Company"), and the purchasers identified on the signature pages hereto (each, including its successors and assigns, a "Purchaser" and collectively the "Purchasers").
ARTICLE I DEFINITIONSLoan and Security Agreement • September 21st, 2001 • Exabyte Corp /De/ • Computer storage devices • Texas
CONFIDENTIALManufacturing and Supply Agreement • October 5th, 2001 • Exabyte Corp /De/ • Computer storage devices • Tokyo
1 EXHIBIT 10.13 THIRD AMENDMENT TO RIGHTS AGREEMENT This Third Amendment (the "Amendment") is made effective as of the 21 day of August, 2001, by and between Exabyte Corporation, a Delaware corporation (the "Company"), and Fleet National Bank (f/k/a...Rights Agreement • September 21st, 2001 • Exabyte Corp /De/ • Computer storage devices
Weeks 1-4 Weeks 5-8 Weeks 9-12 +/-0% +20% +/-50% -25% 5 Seller agrees to accept both increases and decreases in the quantities, provided that these changes do not exceed fifty percent (50%) of the total order for the third four-week period. All of the...Purchase Agreement • March 20th, 1997 • Exabyte Corp /De/ • Computer storage devices • New York
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • November 1st, 2005 • Exabyte Corp /De/ • Computer storage devices
This Registration Rights Agreement (this “Agreement”) is made and entered into as of October 31, 2005, among Exabyte Corporation, a Delaware corporation (the “Company”), and the purchasers of the Notes (as defined below) signatory hereto (each such purchaser is a “Purchaser” and all such purchasers are, collectively, the “Purchasers”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • November 1st, 2005 • Exabyte Corp /De/ • Computer storage devices • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of October 31, 2005, by and among Exabyte Corporation, a Delaware corporation (the “Company”), and the purchasers identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
COMMON STOCK PURCHASE WARRANT To Purchase 750,000 Shares of Common Stock of EXABYTE CORPORATIONSecurities Agreement • November 1st, 2005 • Exabyte Corp /De/ • Computer storage devices • Delaware
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) CERTIFIES that, for value received, IMATION CORP. or its transferee (the “Holder”), is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date of original issuance of this Warrant (the “Initial Exercise Date”) and on or prior to the fifth anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Exabyte Corporation, a Delaware corporation (the “Company”), up to 750,000 shares (the “Warrant Shares”) of Common Stock, par value $0.001 per share, of the Company (the “Common Stock”). The purchase price of one share of Common Stock (the “Exercise Price”) under this Warrant shall be $2.80, subject to adjustment hereunder. Capitalized terms used and not otherwise defined herein shall have the meanings set forth in that certain Agreement for Issuance of Stock (the “Issuance Agreement”), dated Octo
CREDIT AND SECURITY AGREEMENT Dated as of March 9, 2005Credit and Security Agreement • January 10th, 2006 • Exabyte Corp /De/ • Computer storage devices • Colorado
Exabyte Corporation, a Delaware corporation (the “Borrower”), and Wells Fargo Business Credit, Inc., a Minnesota corporation (the “Lender”), hereby agree as follows:
Best regards, Acknowledged and accepted on behalf of ECRIX CORPORATION by it's duly /s/ Junsaku Ueda authorized representative:-Purchase and Development Agreement • October 5th, 2001 • Exabyte Corp /De/ • Computer storage devices
LEASELease • October 5th, 2001 • Exabyte Corp /De/ • Computer storage devices
THIS NOTE AND THE SHARES ISSUABLE UPON CONVERSION OF THIS NOTE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "ACT"), OR THE SECURITIES LAWS OF ANY STATE. THIS NOTE AND SUCH SHARES MAY BE OFFERED OR SOLD ONLY IF REGISTERED...Subordination and Intercreditor Agreement • August 23rd, 2001 • Exabyte Corp /De/ • Computer storage devices • Colorado
STOCK EXCHANGE AGREEMENT (SERIES H)Stock Exchange Agreement • May 4th, 2004 • Exabyte Corp /De/ • Computer storage devices • Colorado
This STOCK EXCHANGE AGREEMENT (this “Agreement”) is made and entered into as of April 2, 2004, between EXABYTE CORPORATION, a Delaware corporation (the “Company”) and each of the owners of Series H preferred stock (“Series H”) of the Company, named on Schedule 1 attached hereto and incorporated herein by reference, who have executed this Agreement (each a “Preferred Holder” and collectively, the “Preferred Holders”).
TECHNOLOGY TRANSFER & LICENSE AGREEMENTTechnology Transfer & License Agreement • August 5th, 2002 • Exabyte Corp /De/ • Computer storage devices
This Agreement ("Agreement") is made and entered into as of the 18th day of September, 2001, by and between AIWA CO., LTD, a Japanese corporation having its principal place of business at 2-11, Ikehohata 1 chome, Taito-ku, Tokyo, 110-8710, Japan (hereinafter referred to as "AIWA") and Ecrix Corporation, a Delaware corporation having its principal place of business at 5525 Central Avenue, Boulder, CO 80301, U.S.A. (hereinafter referred to as "ECRIX").
MANUFACTURNG SERVICE AGREEMENTManufacturing Agreement • January 10th, 2006 • Exabyte Corp /De/ • Computer storage devices • California
This Manufacturing Agreement (“Agreement”) is entered into by and between Solectron Corporation, a Delaware Corporation, (“Parent”), by and on behalf of itself and its wolly-owned subsidiaries, Solectron Technology Sdn. Bhd, incorporated under the laws of Malaysia (“ST/Penang”), and Shinei Internatinal Pte. Ltd., incorporated under the laws of Singapore (ST/Shinei”) (Parent, ST/Penang, and ST/Shinei collectively referred to hereinafter as “Solectron”), and Exabtye Corporation, a Delaware corporation (herinafter “Customer”). Solectron and Customer hereby agree as follows:
SECURITY AGREEMENTSecurity Agreement • November 1st, 2005 • Exabyte Corp /De/ • Computer storage devices • Colorado
This Security Agreement (this “Agreement”) is entered into as of October 31, 2005 by and between (i) Exabyte Corporation, a Delaware corporation (“Grantor”), and (ii) the purchasers of Grantor’s 10% Secured Convertible Subordinated Notes due September 30, 2010 (the “Notes”) listed on the signature pages hereto and their successors in interest (collectively, “Secured Party”). Capitalized terms used and not defined herein have the respective meanings set forth in the Notes.
OVERADVANCE GUARANTYOveradvance Guaranty • May 19th, 2003 • Exabyte Corp /De/ • Computer storage devices
In consideration of advances by SILICON VALLEY BANK ("Bank") in excess of the Credit Limit (as defined in the Loan and Security Agreement dated June 18, 2002, as amended, including the Third Modification Agreement dated April 17, 2003, (the "Agreement")), by and between Bank and Exabyte Corporation, a Delaware corporation ("Borrower"), Meritage Private Equity Fund, L.P., a Delaware limited partnership ("Guarantor") unconditionally and irrevocably guarantees payment of the Guarantee Amount as set forth below.
Exhibit 10.30 SILICON VALLEY BANK AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT BORROWER: EXABYTE CORPORATION, A DELAWARE CORPORATION ADDRESS: 2108 55TH STREET BOULDER, COLORADO 80301 DATE: AS OF JANUARY 1, 2004 THIS AMENDED AND RESTATED LOAN AND...Loan and Security Agreement • August 10th, 2004 • Exabyte Corp /De/ • Computer storage devices • California
Software License and Maintenance Agreement ("AGREEMENT")Software License and Maintenance Agreement • March 31st, 2004 • Exabyte Corp /De/ • Computer storage devices • Arizona
THIS AGREEMENT IS BETWEEN MSS TECHNOLOGIES, INC. ("DISTRIBUTOR") AND EXABYTE CORPORATION HAVING ITS PRINCIPAL PLACE OF BUSINESS AT 2108 55 STREET BOULDER, CO 80303. The terms of this Agreement shall apply to the Software (defined below), and all Maintenance provided by MSS to Customer. For purposes of this Agreement, "Customer" shall include EXABYTE CORPORATION and its Affiliates (defined below).
TEXT OMITTED AND FILED SEPARATELY CONFIDENTIAL TREATMENT REQUESTED UNDER 17 C.F.R. SEC. 200.80(b)(4), 200.83 AND 240.24b-2 DEVELOPMENT AGREEMENT THIS AGREEMENT ("Development Agreement") dated this 20th of December, 1999 between Hitachi Digital Media...Development Agreement • April 6th, 2000 • Exabyte Corp /De/ • Computer storage devices
MEDIA DISTRIBUTION AGREEMENTMedia Distribution Agreement • August 19th, 2004 • Exabyte Corp /De/ • Computer storage devices • Delaware
This Media Distribution Agreement (“Agreement”) is entered into as of November 7, 2003 (“Effective Date”), between EXABYTE CORPORATION, a Delaware corporation with principal offices at 2108 55th Street, Boulder, Colorado 80301 and IMATION CORP., a Delaware corporation with principal offices at 1 Imation Place, Oakdale, Minnesota 55128.
Modification AgreementModification Agreement • March 28th, 2003 • Exabyte Corp /De/ • Computer storage devices
THIS MODIFICATION AGREEMENT (the "Modification Agreement") is entered into between Silicon Valley Bank ("Silicon") and the borrower named above ("Borrower").
Exabyte Payment and Repayment Plan Memorandum of Understanding Second AmendmentMemorandum of Understanding • September 1st, 2006 • Exabyte Corp /De/ • Computer storage devices
This Memorandum of Understanding Second Amendment (this “Memorandum”) records mutual agreements reached as of this 29th day of August, 2006, between Tandberg Data Corp., having a place of business at Kjelsasveien 161, N-0411 Oslo, Norway (referred to here as “Tandberg”) and Exabyte Corporation, having a place of business at 2108 55th Street, Boulder, Colorado, 80301 U.S.A. and Nihon Exabyte Corporation, a representative and agent of Exabyte Corporation, having a place of business at Kasumigaseki Building, 35F, 3-2-5 Kasumigaseki, Chiyoda-ku, Tokyo, Japan (together referred to here as “Exabyte”) and Hitachi, Ltd. having a place of business at Shin-Otemachi Building, 2-1, Otemachi 2-chome, Chiyoda-ku, Tokyo, 100-0004, Japan (referred to here as “Hitachi”). This Memorandum shall replace the Memorandum of Understanding Amendment between Exabyte and Hitachi dated March 3, 2005, as amended (the “Original Memorandum”). Hitachi agrees to restructure the obligations of Exabyte under the Origina
ContractWarrant Agreement • May 20th, 2002 • Exabyte Corp /De/ • Computer storage devices • Delaware
This Warrant was originally issued on [date] and has not been registered under the Securities Act of 1933, as amended (the "Act"), or any state securities laws. This Warrant may not be transferred in the absence of an effective registration statement under the Act (and other applicable securities laws) or an available exemption therefrom.
