March 19, 2007 Mr. Michael Harrison Brocade Communications Systems, Inc. 1745 Technology Drive San Jose, CA 95110 Subject: Amendment 29 to SOW#1 of the IBM/Brocade Goods Agreement ROC-P-68Brocade Communications Systems Inc • June 7th, 2007 • Computer communications equipment
This letter (the “Amendment”) serves as Amendment Number 29 to SOW#1, including all amendments thereto (“SOW#1”) of the Goods Agreement ROC-P-68 (the “Agreement”), which the parties hereto do mutually agree to amend as follows
GUARANTYBrocade Communications Systems Inc • June 7th, 2007 • Computer communications equipment
The undersigned (“Brocade”) hereby unconditionally guaranties to the extent set forth in the Indenture, dated February 20, 2002 between McDATA Services Corporation f/k/a Computer Network Technology Corporation, as issuer (the “Issuer”), and U.S. Bank National Association, a national banking association, as Trustee (the “Trustee”), as supplemented by First Supplemental Indenture dated as of June 1, 2005 by and among the Issuer, the Trustee and McDATA Corporation (“McDATA”) and that Second Supplemental Indenture dated as of January 29, 2007 by and among the Issuer, the Trustee, McDATA and Brocade (as amended, restated or supplemented from time to time, the “Indenture”), and subject to the provisions of the Indenture, as supplemented, (a) the due and punctual payment of the principal of, and premium, if any, and interest on the Securities, when and as the same shall become due and payable, whether at maturity, by acceleration or otherwise, the due and punctual payment of interest on overd
FIRST SUPPLEMENTAL INDENTUREFirst Supplemental Indenture • June 7th, 2007 • Brocade Communications Systems Inc • Computer communications equipment • New York
THIS FIRST SUPPLEMENTAL INDENTURE dated as of January 29, 2007 (this “Supplemental Indenture”) is entered into by and among McDATA Corporation, a Delaware corporation (“Company”), Brocade Communication Systems, Inc., a Delaware Corporation (“Brocade”), and Wells Fargo Bank, National Association, as successor in interest to Wells Fargo Bank Minnesota, National Association, as trustee (the “Trustee”). Capitalized terms used herein and not otherwise defined have the meanings set forth in the Indenture (as defined below).
GUARANTYGuaranty • June 7th, 2007 • Brocade Communications Systems Inc • Computer communications equipment
The undersigned, Brocade Communications Systems, Inc., a Delaware corporation (“Brocade”), hereby unconditionally guaranties to the extent set forth in the Indenture, dated February 7, 2003 between McDATA Corporation, as issuer (the “Issuer”), and Wells Fargo Bank, National Association, as successor in interest to Wells Fargo Bank Minnesota, National Association, as Trustee (the “Trustee”), as supplemented by First Supplemental Indenture dated as of January 29, 2007 by and among the Issuer, the Trustee, and Brocade (as amended, restated or supplemented from time to time, the “Indenture”), and subject to the provisions of the Indenture, as supplemented, (a) the due and punctual payment of the principal of, premium, if any, and interest on the Securities, when and as the same shall become due and payable, whether at maturity, by acceleration or otherwise, the due and punctual payment of interest on overdue principal of, premium, if any, and, to the extent permitted by law, interest, all
SECOND SUPPLEMENTAL INDENTURESecond Supplemental Indenture • June 7th, 2007 • Brocade Communications Systems Inc • Computer communications equipment • New York
THIS SECOND SUPPLEMENTAL INDENTURE dated as of January 29, 2007 (this “Supplemental Indenture”) is entered into by and among McDATA Corporation, a Delaware corporation (“McDATA”), McDATA Services Corporation, a Minnesota corporation f/k/a Computer Network Technology Corporation (the “Company”), Brocade Communication Systems, Inc., a Delaware Corporation (“Brocade”), and U.S. Bank National Association, a national banking association, as trustee (the “Trustee”). Capitalized terms used herein and not otherwise defined have the meanings set forth in the Indenture (as defined below).
Amendment No. 19 To the Purchase AgreementThe Purchase Agreement • June 7th, 2007 • Brocade Communications Systems Inc • Computer communications equipment
This Amendment No. 19 (“the Amendment”) to the Purchase Agreement dated January 25, 2000 (“Agreement”) by and among EMC Corporation, a Massachusetts corporation (“EMC”), and Brocade Communications Systems, Inc., a corporation organized under the laws of the State of Delaware, U.S.A., and having its principal place of business at 1745 Technology Drive, San Jose, California 95110 (“Brocade-US”), Brocade Communications Switzerland SarL, a corporation organized under the laws of Geneva, and having its principal place of business at 29-31 Route de l’Aeroport, Case Postale 105 CH-1215 Geneva 15, Switzerland (“Brocade-Switzerland I”) and Brocade Communications Services Switzerland SarL, a Swiss corporation, with headquarters 29, Route de l’Aéroport, Case Postale 105, CH-1215 Geneva 15, Switzerland (“Brocade-Switzerland II”), (collectively “SUPPLIER”) is made as of the last date signed below (“Effective Date”).
