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").
COMMON STOCK PURCHASE WARRANT To Purchase __________ Shares of Common Stock of Exabyte CorporationSecurities Agreement • May 4th, 2004 • Exabyte Corp /De/ • Computer storage devices
THIS COMMON STOCK PURCHASE WARRANT (the "Warrant") CERTIFIES that, for value received, _____________ (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 ____________ 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 $1.00, subject to adjustment hereunder. Capitalized terms used and not otherwise defined herein shall have the meanings set forth in that certain Securities Purchase Agreement (the "Purchase Agreement"), dated April 30, 2004, amo
STOCK EXCHANGE AGREEMENT (SERIES I)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 I preferred stock ("Series I") 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").
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • May 4th, 2004 • Exabyte Corp /De/ • Computer storage devices
This Registration Rights Agreement (this "Agreement") is made and entered into as of May 3, 2004, among Exabyte Corporation, a Delaware corporation (the "Company"), and the purchasers signatory hereto (each such purchaser is a "Purchaser" and all such purchasers are, collectively, the "Purchasers").
