Exabyte Payment and Repayment Plan Memorandum of Understanding Second AmendmentMemorandum of Understanding • September 1st, 2006 • Exabyte Corp /De/ • Computer storage devices
This Memorandum of Understanding Second Amendment (this “Memorandum”) records mutual agreements reached as of this 29th day of August, 2006, between Tandberg Data Corp., having a place of business at Kjelsasveien 161, N-0411 Oslo, Norway (referred to here as “Tandberg”) and Exabyte Corporation, having a place of business at 2108 55th Street, Boulder, Colorado, 80301 U.S.A. and Nihon Exabyte Corporation, a representative and agent of Exabyte Corporation, having a place of business at Kasumigaseki Building, 35F, 3-2-5 Kasumigaseki, Chiyoda-ku, Tokyo, Japan (together referred to here as “Exabyte”) and Hitachi, Ltd. having a place of business at Shin-Otemachi Building, 2-1, Otemachi 2-chome, Chiyoda-ku, Tokyo, 100-0004, Japan (referred to here as “Hitachi”). This Memorandum shall replace the Memorandum of Understanding Amendment between Exabyte and Hitachi dated March 3, 2005, as amended (the “Original Memorandum”). Hitachi agrees to restructure the obligations of Exabyte under the Origina
AMENDMENT NO. 1 TO DEBT RESTRUCTURING AGREEMENTDebt Restructuring Agreement • September 1st, 2006 • Exabyte Corp /De/ • Computer storage devices • California
This Amendment No. 1 (the “Agreement”) to the Agreement for Debt Restructuring and Modification of Manufacturing Terms dated as of September 1, 2003 (the “Original Agreement”) is made as of August 21, 2006 by and among (a) Exabyte Corporation, a Delaware corporation (the “Company”), and (b) Solectron Corporation , a Delaware corporation (hereinafter “Noteholder”), as holder of an Amended and Restated Promissory Note of the Company dated May 27, 2004 in original principal amount of $2,982,138.88 (the “Note). Noteholder is acting under the Note as agent for Shenei International Pte. Ltd. akd Solectron Technology Sdn. Bhd. The Company and Noteholder are collectively referred to herein as the “Parties.”
RESTRUCTURING AGREEMENTRestructuring Agreement • September 1st, 2006 • Exabyte Corp /De/ • Computer storage devices • Delaware
ASSET PURCHASE AGREEMENT among TANDBERG DATA CORP., TANDBERG DATA ASA and EXABYTE CORPORATION Dated as of August 29, 2006Asset Purchase Agreement • September 1st, 2006 • Exabyte Corp /De/ • Computer storage devices • Delaware
This ASSET PURCHASE AGREEMENT (the “Agreement”) dated as of August 29, 2006, among Tandberg Data Corp., a Delaware corporation (“Purchaser”), Exabyte Corporation, a Delaware corporation (“Seller”), and, solely for purposes of Article VI and Section 11.9, Tandberg Data ASA, a company organized under the laws of Norway (“Parent”).
AMENDMENT NO. 3 TO MEDIA DISTRIBUTION AGREEMENTMedia Distribution Agreement • September 1st, 2006 • Exabyte Corp /De/ • Computer storage devices • Delaware
This Amendment is entered into as of August 29, 2006 (the “Effective Date”) between EXABYTE CORPORATION, a Delaware corporation with principal offices at 2108 55th Street, Boulder, Colorado 80301 (“Exabyte”), IMATION CORP., a Delaware corporation with principal offices at 1 Imation Place, Oakdale, Minnesota 55128 (“Imation”), and TANDBERG DATA CORP. (“Buyer”).
VOTING AGREEMENTVoting Agreement • September 1st, 2006 • Exabyte Corp /De/ • Computer storage devices • Delaware
This VOTING AGREEMENT (this “Agreement”) is made and entered into as of August 29, 2006, by and among Exabyte Corporation, a Delaware corporation (“Seller”), Tandberg Data Corp., a Delaware corporation (“Purchaser”), and Meritage Private Equity Fund, L.P., Meritage Private Equity Parallel Fund, L.P., Meritage Entrepreneurs Fund, L.P., Crestview Capital Master, LLC, Enable Growth Partners, L.P., Gruber and McBaine International, Jon D. and Linda W. Gruber Trust, Lagunitas Partners L.P., Islandia, L.P., Midsummer Investment, Ltd., Imation Corp., Carroll A. Wallace, Tom W. Ward, and Juan A. Rodriguez (each a “Stockholder” and collectively, the “Stockholders”).
NOTE RESTRUCTURING AGREEMENTNote Restructuring Agreement • September 1st, 2006 • Exabyte Corp /De/ • Computer storage devices • Delaware
This Note Restructuring Agreement (this “Agreement”) is made as of August 29, 2006 by and between (a) Exabyte Corporation, a Delaware corporation (the “Company”), and (b) Imation Corp. (“Noteholder”) in regards to (1) a Secured Promissory Note of the Company dated October 31, 2005 in principal amount of $2,000,000 (the “$2,000,000 Note”) and (2) a Secured Promissory Note of the Company dated October 31, 2005 in principal amount of $5,000,000 (the “$5,000,000 Note”) with the $2,000,000 Note and the $5,000,000 Note being collectively referred to herein as the “Original Notes.” The parties to this Agreement are called the “Parties.”
Amendment and Addendum to Restructuring AgreementRestructuring Agreement • September 1st, 2006 • Exabyte Corp /De/ • Computer storage devices
This Amendment and Addendum to Restructuring Agreement (this “Amendment”) is made as of August 29, 2006 by and among (a) Exabyte Corporation, a Delaware corporation (the “Company”), and (b) each holder (each a “Noteholder,” and collectively, the “Noteholders”) of a 10% Secured Convertible Subordinated Note due September 30, 2010 (each a “Note,” and collectively, the “Notes”) of the Company, and amends that certain Restructuring Agreement dated August __, 2006 by and among Exabyte and each Noteholder (the “Restructuring Agreement”). Any terms used herein and not defined shall have the meanings given in the Restructuring Agreement.
