EXECUTION _____________________________________________________________________ ___________ SHARE PURCHASE AGREEMENT Dated as of January 8, 2001Share Purchase Agreement • February 2nd, 2001 • Sunrise Telecom Inc • Telephone communications (no radiotelephone) • California
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AMENDMENT #2 TO ASSET PURCHASE AGREEMENTAsset Purchase Agreement • May 10th, 2002 • Sunrise Telecom Inc • Telephone communications (no radiotelephone)
Contract Type FiledMay 10th, 2002 Company Industry
AGREEMENT ---------Indemnification Agreement • March 9th, 2000 • Sunrise Telecom Inc • Delaware
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Draft Dated 6/5/00 SUNRISE TELECOM INCORPORATED 4,000,000 Shares/1/ Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • June 6th, 2000 • Sunrise Telecom Inc • Telephone communications (no radiotelephone) • California
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Draft Dated 7/5/00 SUNRISE TELECOM INCORPORATED 4,000,000 Shares/1/ Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • July 10th, 2000 • Sunrise Telecom Inc • Telephone communications (no radiotelephone) • California
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ARTICLE I ---------Master Agreement • April 13th, 2000 • Sunrise Telecom Inc • Telephone communications (no radiotelephone) • California
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AGREEMENT ---------Business Loan Agreement • March 15th, 2002 • Sunrise Telecom Inc • Telephone communications (no radiotelephone)
Contract Type FiledMarch 15th, 2002 Company Industry
a) Due Diligence Period. Buyer shall have until December 20, 1999 -------------------- (the "Due Diligence Period") to complete its due diligence investigations with respect to the Property. Seller has delivered to Buyer and Buyer acknowledges receipt...Purchase and Sale Agreement • March 9th, 2000 • Sunrise Telecom Inc • California
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EXHIBIT 10.12 SECURED PROMISSORY NOTE -----------------------Secured Promissory Note • May 10th, 2002 • Sunrise Telecom Inc • Telephone communications (no radiotelephone) • California
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1.1 Parties: This Lease ("Lease"), dated for reference purposes only, JUNE 22 1999, is made by and between GREAT OAKS PROPERTIES (G.O.P.) ("Lessor") ------------------------------ and SUNRISE TELECOM, INC. ("Lessee") ---------------------...Lease Agreement • March 9th, 2000 • Sunrise Telecom Inc
Contract Type FiledMarch 9th, 2000 Company
EXHIBIT 10.4 STOCK PURCHASE AGREEMENTStock Purchase Agreement • March 9th, 2000 • Sunrise Telecom Inc • California
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EXHIBIT 99.3 SUNRISE TELECOM INCORPORATED 2000 STOCK PLAN NONSTATUTORY STOCK OPTION AGREEMENT Sunrise Telecom Incorporated, a Delaware corporation (the "Company"), hereby grants an Option to purchase shares of its common stock (the "Shares") to the...Nonstatutory Stock Option Agreement • August 8th, 2000 • Sunrise Telecom Inc • Telephone communications (no radiotelephone)
Contract Type FiledAugust 8th, 2000 Company Industry
Exhibit 10.11 EMPLOYMENT AGREEMENT -------------------- MEMORANDUM OF AGREEMENT made at Montreal, Quebec, on the 8th day of January 2001.Employment Agreement • March 15th, 2002 • Sunrise Telecom Inc • Telephone communications (no radiotelephone) • Quebec
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Bank of America =============================================================== ================= Business Loan Agreement This Agreement dated as of 4/21 , 2000 , is between Bank of America, N.A. (the "Bank") and Sunrise Telecom, Inc. (the...Business Loan Agreement • May 10th, 2000 • Sunrise Telecom Inc • Telephone communications (no radiotelephone) • California
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ADDENDUM #7 TO STANDARD INDUSTRIAL /COMMERCIAL MULTI-TENNANT LEASE- GROSS DATED JUNE 1, 2000 FOR 22 GREAT OAKS BLVD., SAN JOSE, CA FOR SUNRISE TELECOM, INC.Standard Industrial/Commercial Multi-Tenant Lease • March 15th, 2002 • Sunrise Telecom Inc • Telephone communications (no radiotelephone)
Contract Type FiledMarch 15th, 2002 Company Industry
LOGO] Bank of America ========================================================= ======================= Business Loan Agreement This Agreement dated as of November 9, 1999, is between Bank of America, N.A. ---------------- (the "Bank") and Sunrise...Business Loan Agreement • March 9th, 2000 • Sunrise Telecom Inc • California
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PARTICIPATION PURCHASE AGREEMENT BETWEEN SUNRISE TELECOM INCORPORATED AND LTE INNOVATIONS OY REGARDING THE ENTIRE PARTICIPATION IN SUNRISE TELECOM S.R.L. 19 November 2008Participation Purchase Agreement • November 24th, 2008 • Sunrise Telecom Inc • Telephone communications (no radiotelephone)
Contract Type FiledNovember 24th, 2008 Company IndustrySunrise Telecom Incorporated, a corporation organized and existing under the laws of California, USA having its registered office in 302 Enzo Drive, San Jose, California, CA 95138 USA and the Corporate tax Identity No. 77-0291197 (“Vendor”);
EXHIBIT-10.3.1 South Bay Commercial Banking Office #1487 101 Park Center Plaza San Jose, CA 95113 April 26, 2001 Peter Eidelman, Treasurer/Chief Financial Officer Sunrise Telecom, Inc. 22 Great Oaks Boulevard San Jose, CA 95119 Dear Mr. Eidelman: Bank...Business Loan Agreement • May 15th, 2001 • Sunrise Telecom Inc • Telephone communications (no radiotelephone)
Contract Type FiledMay 15th, 2001 Company IndustryThis extension shall not constitute a commitment to extend the availability period beyond the case specified above. All other terms and conditions of the Agreement shall remain in full force and effect.
CONFIDENTIAL SETTLEMENT AGREEMENTSettlement Agreement • November 2nd, 2007 • Sunrise Telecom Inc • Telephone communications (no radiotelephone) • California
Contract Type FiledNovember 2nd, 2007 Company Industry JurisdictionThis CONFIDENTIAL SETTLEMENT AGREEMENT (the “Agreement”), made and entered into as of August 30, 2005 (the “Effective Date”) by and between SUNRISE TELECOM INCORPORATED, a Delaware corporation with its principal offices located at 300 Enzo Drive, San Jose, California, 95138 (together with all entities that during the term of the Agreement Sunrise Telecom Incorporated controls, “Sunrise”), ACTERNA LLC, a Delaware limited liability company with its principal offices located at 1 Milestone Center Court, Germantown, Maryland, 20876 (together with all other entities that during the term of the Agreement Acterna LLC controls, “Acterna”), and JDS UNIPHASE CORP., a Delaware corporation with its principal offices at 1768 Automation Parkway, San Jose, California 95131 (together with all other entities that during the term of the Agreement JDS Uniphase Corp. controls, “JDSU”). Sunrise, Acterna, and JDSU are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
Employment AgreementEmployment Agreement • February 9th, 2006 • Sunrise Telecom Inc • Telephone communications (no radiotelephone)
Contract Type FiledFebruary 9th, 2006 Company IndustrySunrise Technology Incorporated ("Company") and Paul Ker-Chin Chang ("Employee"), in consideration of the mutual promises set forth below, hereby agree as follows:
EXHIBIT 99.4 SUNRISE TELECOM INCORPORATED 2000 STOCK PLAN INCENTIVE STOCK OPTION AGREEMENT Sunrise Telecom Incorporated, a Delaware corporation (the "Company"), hereby grants an Option to purchase shares of its common stock (the "Shares") to the...Incentive Stock Option Agreement • August 8th, 2000 • Sunrise Telecom Inc • Telephone communications (no radiotelephone)
Contract Type FiledAugust 8th, 2000 Company IndustrySunrise Telecom Incorporated, a Delaware corporation (the "Company"), hereby grants an Option to purchase shares of its common stock (the "Shares") to the Optionee named below. The terms and conditions of the Option are set forth in this cover sheet, in the attachment and in the Company's 2000 Stock Plan (the "Plan").
SUNRISE TELECOM INCORPORATEDIncentive Stock Option Agreement • November 2nd, 2007 • Sunrise Telecom Inc • Telephone communications (no radiotelephone)
Contract Type FiledNovember 2nd, 2007 Company IndustrySunrise Telecom Incorporated, a Delaware corporation (the “Company”), hereby grants an Option to purchase shares of its common stock (the “Shares”) to the Optionee named below. The terms and conditions of the Option are set forth in this cover sheet, in the attachment and in the Company’s 2000 Stock Plan (the “Plan”).
SEPARATION AGREEMENTSeparation Agreement • March 20th, 2006 • Sunrise Telecom Inc • Telephone communications (no radiotelephone) • California
Contract Type FiledMarch 20th, 2006 Company Industry JurisdictionThis Separation Agreement ("Separation Agreement") is entered into between Paul Ker-Chin Chang ("Chang") and Sunrise Telecom, Incorporated (the "Company") as of March 14, 2006. As of that same date, Chang is executing and delivering to the Company a General Release in the form attached as Exhibit A ("General Release") and a Confidential Information and Invention Assignment Agreement in the form attached as Exhibit B ("Confidential Information Agreement").
AMENDMENT NO. 2 AND LIMITED WAIVER TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 14th, 2008 • Sunrise Telecom Inc • Telephone communications (no radiotelephone) • California
Contract Type FiledAugust 14th, 2008 Company Industry JurisdictionTHIS AMENDMENT NO. 2 AND LIMITED WAIVER TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into this 12th day of August, 2008, by and among SILICON VALLEY BANK, a California corporation (“Bank”), and SUNRISE TELECOM INCORPORATED, a Delaware corporation (“Parent”), and SUNRISE TELECOM BROADBAND INC., a Georgia corporation (“Broadband”), (each individually a “Borrower” and collectively, “Borrowers”). Capitalized terms used herein without definition shall have the same meanings given them in the Loan Agreement (as defined below).
ONE-TIME TARGET APPLICATION LICENSE AGREEMENT NOT TO BE USED AS A MASTER AGREEMENTOne-Time Target Application License Agreement • November 5th, 2008 • Sunrise Telecom Inc • Telephone communications (no radiotelephone) • California
Contract Type FiledNovember 5th, 2008 Company Industry JurisdictionTHIS TARGET APPLICATION LICENSE AGREEMENT (“Agreement”) is made and entered into as of the last date executed by the parties below (the “Effective Date”) by and between WIND RIVER SYSTEMS, INC., a Delaware corporation having a principal place of business at 500 Wind River Way, Alameda, CA 94501 (“Wind River”), and SUNRISE TELECOM INCORPORATED, a Delaware corporation having its principal place of business at 302 Enzo Drive, San Jose, California 95138 (“Customer”).
AMENDMENT NO. 4 AND LIMITED WAIVER TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 15th, 2009 • Sunrise Telecom Inc • Telephone communications (no radiotelephone) • California
Contract Type FiledJune 15th, 2009 Company Industry JurisdictionTHIS AMENDMENT NO. 4 AND LIMITED WAIVER TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into this 12th day of June, 2009, by and among SILICON VALLEY BANK, a California corporation (“Bank”), and SUNRISE TELECOM INCORPORATED, a Delaware corporation (“Parent”), and SUNRISE TELECOM BROADBAND INC., a Georgia corporation (“Broadband”), (each individually a “Borrower” and collectively, “Borrowers”). Capitalized terms used herein without definition shall have the same meanings given them in the Loan Agreement (as defined below).
July 16, 2008Separation Agreement • July 21st, 2008 • Sunrise Telecom Inc • Telephone communications (no radiotelephone) • California
Contract Type FiledJuly 21st, 2008 Company Industry JurisdictionThis letter confirms the agreement between you and Sunrise Telecom Incorporated, a Delaware corporation, and its affiliated companies (collectively the “Company”) concerning the terms of your separation and offers you the separation compensation we discussed in exchange for a general release of claims and covenant not to sue.
AMENDMENT NO. 4 TO LOAN AGREEMENTLoan Agreement • August 9th, 2002 • Sunrise Telecom Inc • Telephone communications (no radiotelephone)
Contract Type FiledAugust 9th, 2002 Company IndustryThis Amendment No. 4 (the “Amendment”) dated as of May 13, 2002, is between Bank of America, N.A. (the “Bank”) and Sunrise Telecom Incorporated (the “Borrower”).
AMENDMENT NO. 1 TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • January 3rd, 2008 • Sunrise Telecom Inc • Telephone communications (no radiotelephone) • California
Contract Type FiledJanuary 3rd, 2008 Company Industry JurisdictionTHIS AMENDMENT NO. 1 TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into this 28th day of December, 2007, by and among SILICON VALLEY BANK, a California corporation (“Bank”), and SUNRISE TELECOM INCORPORATED, a Delaware corporation (“Parent”), and SUNRISE TELECOM BROADBAND INC., a Georgia corporation (“Broadband”), (each individually a “Borrower” and collectively, “Borrowers”). Capitalized terms used herein without definition shall have the same meanings given them in the Loan Agreement (as defined below).
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 14th, 2007 • Sunrise Telecom Inc • Telephone communications (no radiotelephone) • Georgia
Contract Type FiledAugust 14th, 2007 Company Industry JurisdictionTHIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of the Effective Date among SILICON VALLEY BANK, a California corporation (“Bank”), SUNRISE TELECOM INCORPORATED, a Delaware corporation (“Parent”), and SUNRISE TELECOM BROADBAND INC., a Georgia corporation (“Broadband”) (each of Parent and Broadband may be referred to as a “Borrower” and together, “Borrowers”), provides the terms on which Bank shall lend to Borrowers and Borrowers shall repay Bank. The parties agree as follows:
ADDENDUM TO EMPLOYMENT OFFER LETTEREmployment Agreement • August 14th, 2009 • Sunrise Telecom Inc • Telephone communications (no radiotelephone) • California
Contract Type FiledAugust 14th, 2009 Company Industry JurisdictionThis Addendum to Employment Offer Letter (the “Addendum”) by and between Sunrise Telecom Incorporated, a Delaware corporation located at 302 Enzo Drive, San Jose, CA 95138 (“Sunrise Telecom”) and Bahaa Moukadam (“Employee”), is made and effective as of this 23 day of January, 2009 (the “Effective Date”).
SETTLEMENT AGREEMENTSettlement Agreement • November 5th, 2008 • Sunrise Telecom Inc • Telephone communications (no radiotelephone) • California
Contract Type FiledNovember 5th, 2008 Company Industry JurisdictionThis SETTLEMENT AGREEMENT (“Agreement”) is made and entered into as of October 30, 2008 (the “Effective Date”), by and between WIND RIVER SYSTEMS, INC., a Delaware corporation having its principal place of business at 500 Wind River Way, Alameda, California USA 94501 (“Wind River”), and SUNRISE TELECOM INCORPORATED, a Delaware corporation having its principal place of business at 302 Enzo Drive, San Jose, California 95138 (“Customer”).
AMENDMENT NO. 3, CONSENT AND LIMITED WAIVER TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 17th, 2008 • Sunrise Telecom Inc • Telephone communications (no radiotelephone) • California
Contract Type FiledDecember 17th, 2008 Company Industry JurisdictionTHIS AMENDMENT NO. 3, CONSENT AND LIMITED WAIVER TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into this 12th day of December, 2008, by and among SILICON VALLEY BANK, a California banking corporation (“Bank”), and SUNRISE TELECOM INCORPORATED, a Delaware corporation (“Parent”), and SUNRISE TELECOM BROADBAND INC., a Georgia corporation (“Broadband”), (each individually a “Borrower” and collectively, “Borrowers”). Capitalized terms used herein without definition shall have the same meanings given them in the Loan Agreement (as defined below).