0000855109-01-000012 Sample Contracts

EXABYTE CORPORATION and THE FIRST NATIONAL BANK OF BOSTON Rights Agent Rights Agreement Dated as of January 24, 1991
Rights 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").

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FIRST AMENDMENT TO RIGHTS AGREEMENT
Rights Agreement • February 15th, 2001 • Exabyte Corp /De/ • Computer storage devices

This First Amendment is made as of the 23rd day of August 1995 by and between Exabyte Corporation, a Delaware corporation (the "Company"), and the First National Bank of Boston, as Rights Agent (the "Bank of Boston"), as that term is defined in that certain Rights Agreement, dated January 24, 1991 (the "Rights Agreement").

SECOND AMENDMENT TO RIGHTS AGREEMENT
Rights Agreement • February 15th, 2001 • Exabyte Corp /De/ • Computer storage devices

This Second Amendment (the "Amendment") is made effective as of the 1st day of February, 2001, by and between Exabyte Corporation, a Delaware corporation (the "Company"), and Fleet National Bank (f/k/a the First National Bank of Boston), as Rights Agent (the "Bank of Boston"), as that term is defined in that certain Rights Agreement dated as of January 24, 1991, as amended by that certain First Amendment to Rights Agreement (the "First Amendment") dated as of August 23, 1995 (as so amended, the "Rights Agreement").

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