May 30, 2002 Exabyte Corporation 1685 38th Street Boulder, CO 80301 Re: Investment in Exabyte's Series I Preferred Stock Ladies and Gentlemen:
May 30, 2002
Exabyte Corporation
0000 00xx Xxxxxx
Xxxxxxx, XX 00000
Re: Investment in Exabyte's Series I Preferred Stock
Ladies and Gentlemen:
This Letter shall confirm my agreement to purchase from you, and your agreement to sell to me, 1,200,000 shares of Exabyte's Series I Preferred Stock (the "Series I Preferred") for $1.00 per share with the same rights and subject to the same terms and conditions agreed to by the Purchasers under that certain Series I Preferred Stock Purchase Agreement, dated as of May 17, 2002, by and among Exabyte Corporation and certain Purchasers listed on Schedule A thereto (the "Agreement"). Capitalized terms used herein and not defined herein shall have the meanings set forth in the Agreement.
In addition, this Letter and my obligation to purchase Series I Preferred shall become null and ineffective if prior to the Subsequent Closing Exabyte terminates me as President and Chief Executive Officer of Exabyte. This Letter and your and my obligations are subject to approval of this Letter as provided below by each of the Purchasers of Series I Preferred under the Agreement.
You and I agree that I am an additional Purchaser under the Agreement. I agree to be bound by and subject to the terms, conditions, obligations and other agreements as a Purchaser under the Agreement. In addition, I have read and understand the representations and warranties of the Purchasers in the Agreement, and I hereby represent and warrant to you that each of such representations and warranties is true as of the date of this letter with respect to me and my investment in the Series I Preferred.
You agree to sell to me the 1,200,000 shares of Series I Preferred for $1,200,000 in accordance with the terms, conditions, obligations and other agreements applicable to you under the Agreement as if I were an original signatory to the Agreement. I will purchase and you will sell to me all such shares at the Subsequent Closing.
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/s/ Xxx Xxxx |
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Name: |
Xxx Xxxx |
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Address: |
0000 00xx Xx. |
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Boulder, CO 80301 |
Agreed and accepted:
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EXABYTE CORPORATION |
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/s/ Xxxxx X. Xxxxxxx |
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By: Xxxxx X. Xxxxxxx |
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Its: V.P. of Finance |
Approval by Purchasers
The undersigned hereby:
-- approve of the addition of Xxx Xxxx to the Agreement as provided above; and
-- agree that Xxx Xxxx shall have all the rights and obligations applicable to a Purchaser, as the
same are set forth in the Agreement.
ACCEPTED AND APPROVED:
State of Wisconsin Investment Board
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By: |
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Name: |
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Title: |
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Address: |
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000 Xxxx Xxxxxx Xxxxxx |
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Madison, WI 53702 |
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Facsimile: (000) 000-0000 |
Meritage Private Equity Fund, L.P.
Meritage Private Equity Parallel Fund, L.P
Meritage Entrepreneurs Fund, l.p.
By Meritage Investment Partners, LLC
General Partner
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By: |
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Name: |
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Title: |
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Address: |
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0000 Xxxxxxx Xxxxxx, Xxxxx 000 |
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Denver, Colorado 80202 |
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Facsimile: (000) 000-0000 |
Crestview Capital Fund, LP
Crestview Capital Fund II, LP
Crestview Capital Offshore Fund, Inc.
By Kingsport Capital Partners, LLC
General Partner
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By: |
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Name: |
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Title: |
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Address: |
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00 Xxxxxx Xxxxx |
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Northbrook, Illinois |
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Facsimile: (000) 000 0000 |
Valley Ventures II, L.P.
By XX XX Management, L.L.C.
General Partner
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By: |
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Name: |
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Title: |
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Address: |
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0000 X. Xxxxxxxxxx Xxxx, Xxxxx 000 |
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Scottsdale, Arizona 85253 |
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Facsimile: (000) 000 0000 |
Millennial Holdings LLC
The Millennial Fund
Xxxxxxxxxx Family Limited Partnership
By X. Xxxxxxx Xxxxxxxxxx, Jr.
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By: |
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Name: |
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Title: |
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Address: |
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0000 Xxxxxxx Xxxxx 000 |
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Denver, CO 80202 |
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Facsimile: (000) 000 0000 |
Hexagon Investments LLC
Grandhaven LLC
Legacy Enterprises LLC
Labyrinth Enterprises LLC
By: Hexagon Investments, Inc.
Manager
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By: |
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Name: |
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Title: |
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Address: |
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Larimer Square |
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0000 Xxxxxxx Xxxxxx, Xxxxx 000 |
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Denver, CO 80202 |
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Facsimile: (000) 000 0000 |
Xxxxx Builder
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By: |
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Name: |
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Title: |
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Address: |
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Builder Investment Group, Inc |
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0 Xxxxxxxx Xxxxxx, Xxxxx 000 |
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Atlanta, GA 30305 |
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Facsimile: (000) 000 0000 |
Xxxx Xxxxx
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By: |
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Name: |
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Title: |
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Address: |
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000 Xxxxx Xxxxxx, Xxxxx 0000 |
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New York, NY 10022 |
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Facsimile: (000) 000 0000 |
The Sama Partnership
By Xxxxxx Xxxx Xxxxxxxxx
General Partner
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By: |
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Name: |
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Title: |
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Address: |
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0000 Xxxx Xxxxxxxxx, #0000 |
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South Padre Island, TX 78597 |
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Facsimile: (000) 000 0000 |
