REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • November 1st, 2005 • Exabyte Corp /De/ • Computer storage devices
This Registration Rights Agreement (this “Agreement”) is made and entered into as of October 31, 2005, among Exabyte Corporation, a Delaware corporation (the “Company”), and the purchasers of the Notes (as defined below) signatory hereto (each such purchaser is a “Purchaser” and all such purchasers are, collectively, the “Purchasers”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • November 1st, 2005 • Exabyte Corp /De/ • Computer storage devices • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of October 31, 2005, 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 CORPORATIONCommon Stock Purchase Warrant • November 1st, 2005 • Exabyte Corp /De/ • Computer storage devices
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) CERTIFIES that, for value received, _____________ or its transferee (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 $2.80, 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 O
AGREEMENT FOR ISSUANCE OF STOCKAgreement • November 1st, 2005 • Exabyte Corp /De/ • Computer storage devices • Delaware
This Agreement For Issuance Of Stock (“Agreement”), is entered into as of October 31, 2005, by and between EXABYTE CORPORATION, a Delaware corporation with principal offices at 2108 55th Street, Boulder Colorado 80301 (“Exabyte”), and IMATION CORP., a Delaware corporation with principal offices at 1 Imation Place, Oakdale, Minnesota 55128 (“Imation”). Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to them in Amendment No. 2 (as defined below).
SECURITY AGREEMENTSecurity Agreement • November 1st, 2005 • Exabyte Corp /De/ • Computer storage devices • Colorado
This Security Agreement (this “Agreement”) is entered into as of October 31, 2005 by and between (i) Exabyte Corporation, a Delaware corporation (“Grantor”), and (ii) the purchasers of Grantor’s 10% Secured Convertible Subordinated Notes due September 30, 2010 (the “Notes”) listed on the signature pages hereto and their successors in interest (collectively, “Secured Party”). Capitalized terms used and not defined herein have the respective meanings set forth in the Notes.
AMENDMENT NO. 2 TO MEDIA DISTRIBUTION AGREEMENTMedia Distribution Agreement • November 1st, 2005 • Exabyte Corp /De/ • Computer storage devices • Delaware
This Amendment is entered into as of October 31, 2005 (the “Effective Date”) between EXABYTE CORPORATION, a Delaware corporation with principal offices at 2108 55th Street, Boulder, Colorado 80301 (“Exabyte”) and IMATION CORP., a Delaware corporation with principal offices at 1 Imation Place, Oakdale, Minnesota 55128 (“Imation”).
INTERCREDITOR AND SUBORDINATION AGREEMENTIntercreditor and Subordination Agreement • November 1st, 2005 • Exabyte Corp /De/ • Computer storage devices • Colorado
This Intercreditor and Subordination Agreement, dated as of October 31, 2005, is made by and among (i) Exabyte Corporation, a Delaware corporation (“Borrower”), (ii) Wells Fargo Bank, National Association (“Wells Fargo”), as successor in interest to Wells Fargo Business Credit, Inc., (iii) the purchasers of the Borrower’s 10% Secured Convertible Subordinated Notes due September 30, 2010 (collectively, the “Noteholders”), and (iv) Imation Corp., a Delaware corporation (“Imation”).
NEITHER THESE SECURITIES NOR THE SECURITIES INTO WHICH THESE SECURITIES ARE CONVERTIBLE HAVE BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER...Exabyte Corp /De/ • November 1st, 2005 • Computer storage devices • Colorado
THIS INSTRUMENT IS SUBJECT TO THE TERMS OF AN INTERCREDITOR AND SUBORDINATION AGREEMENT DATED AS OF OCTOBER 31, 2005, BY IMATION CORP. AND THE PURCHASERS OF EXABYTE’S 10% SECURED CONVERTIBLE SUBORDINATED NOTES DUE SEPTEMBER 30, 2010, IN FAVOR OF WELLS FARGO BANK, NATIONAL ASSOCIATION, DATED OCTOBER 31, 2005.
AMENDMENT NO. 1 TO SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • November 1st, 2005 • Exabyte Corp /De/ • Computer storage devices • New York
This Amendment No. 1 to Securities Purchase Agreement (this “Amendment”) is dated as of October 5, 2005, by and among Exabyte Corporation, a Delaware corporation (the “Company”), and the purchasers who are identified on the signature pages hereto and have executed this Amendment.
COMMON STOCK PURCHASE WARRANT To Purchase 750,000 Shares of Common Stock of EXABYTE CORPORATIONExabyte Corp /De/ • November 1st, 2005 • Computer storage devices • Delaware
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) CERTIFIES that, for value received, IMATION CORP. or its transferee (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 750,000 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 $2.80, subject to adjustment hereunder. Capitalized terms used and not otherwise defined herein shall have the meanings set forth in that certain Agreement for Issuance of Stock (the “Issuance Agreement”), dated Octo
SECOND AMENDMENT TO CREDIT AND SECURITY AGREEMENTCredit and Security Agreement • November 1st, 2005 • Exabyte Corp /De/ • Computer storage devices
This Amendment, dated as of October 31, 2005, is made by and between Exabyte Corporation, a Delaware corporation (the “Borrower”), and Wells Fargo Bank, National Association acting through its Wells Fargo Business Credit division (the “Lender”), as successor in interest to Wells Fargo Business Credit, Inc.
