CREDIT AND SECURITY AGREEMENT Dated as of March 9, 2005Credit and Security Agreement • March 21st, 2005 • 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:
MANUFACTURNG SERVICE AGREEMENTManufacturng Service Agreement • March 21st, 2005 • 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:
MANUFACTURING AND PURCHASE AGREEMENT between ESGW International Limited and Exabyte CorporationManufacturing and Purchase Agreement • March 21st, 2005 • Exabyte Corp /De/ • Computer storage devices • Colorado
ESGW International Limited, a corporation, duly organized and existing under the laws of the British Virgin Islands, having a principal mailing address at c/o ExcelStor Technology Limited, Suite 1507, Greenfield Tower, Concordia Plaza, Number 1, Science Museum Road, Tsimshatsui East, Hong Kong Special Administrative Region, (hereinafter referred to as “ESGW”); and
INDEMNIFICATION AGREEMENT EXABYTE CORPORATIONIndemnification Agreement • March 21st, 2005 • Exabyte Corp /De/ • Computer storage devices • Delaware
EXABYTE CORPORATION 2004 STOCK OPTION PLAN STOCK OPTION PACKAGEStock Option Agreement • March 21st, 2005 • Exabyte Corp /De/ • Computer storage devices • Colorado
THIS AGREEMENT is entered by and between Exabyte Corporation (the “Company”), and the above named Optionee (“Optionee”), an Employee, Consultant or Director of the Company or a Subsidiary thereof.
Amendment #A01 To Depot Repair Services Agreement Between Exabyte Corporation and Teleplan Service Logistics, Inc.,Repair Services Agreement • March 21st, 2005 • Exabyte Corp /De/ • Computer storage devices
With reference to the Depot Repair Services Agreement dated June 27, 2003 (the “Agreement”), Exabyte Corporation (“Exabyte”) and Teleplan Service Logistics, Inc., (“Teleplan”) expressly agree to the following amendment which will become effective on the date last signed below.
JOINT DEVELOPMENT AGREEMENTJoint Development Agreement • March 21st, 2005 • Exabyte Corp /De/ • Computer storage devices
THIS AGREEMENT (“Joint Development Agreement”) dated this day of June 2004, between Hitachi, Ltd., a corporation having its principal place of business at 6, Kanda-Surugadai 4-chome, Chiyoda-ku, Tokyo, Japan (“Hitachi”), acting through its Digital Media Division Tokai Center, and Exabyte Corporation, a Delaware corporation, having its principal place of business at 2108 55th Street, Boulder, Colorado 80301 (“Exabyte”).
