0000913077-13-000013 Sample Contracts

OFFICE LEASE KILROY REALTY KILROY UNIVERSITY CENTER KILROY REALTY, L.P., a Delaware limited partnership, as Landlord, and EBIOSCIENCE, INC., a California corporation, as Tenant.
Office Lease • March 4th, 2013 • Affymetrix Inc • Laboratory analytical instruments • California

This Office Lease (the "Lease"), dated as of the date set forth in Section 1 of the Summary of Basic Lease Information (the "Summary"), below, is made by and between KILROY REALTY, L.P., a Delaware limited partnership ("Landlord"), and EBIOSCIENCE, INC., a California corporation ("Tenant").

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SECOND AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • March 4th, 2013 • Affymetrix Inc • Laboratory analytical instruments • New York

THIS SECOND AMENDMENT TO CREDIT AGREEMENT (this "Agreement") is entered into as of December 5, 2012, by and among AFFYMETRIX, INC., a Delaware corporation (the "Borrower"), the other Credit Parties signatory hereto, GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (in its individual capacity, "GE Capital"), for itself and as agent for the Lenders (in such capacity, the "Agent"), and the Lenders signatory hereto. Unless otherwise specified herein, capitalized terms used in this Agreement shall have the meanings ascribed to them in the Credit Agreement (as hereinafter defined), as amended.

FIRST AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • March 4th, 2013 • Affymetrix Inc • Laboratory analytical instruments • New York

THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this "Agreement") is entered into as of July 20, 2012, by and among AFFYMETRIX, INC., a Delaware corporation (the "Borrower"), the other Credit Parties signatory hereto, GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (in its individual capacity, "GE Capital"), for itself and as agent for the Lenders (in such capacity, the "Agent"), and the Lenders signatory hereto. Unless otherwise specified herein, capitalized terms used in this Agreement shall have the meanings ascribed to them in the Credit Agreement (as hereinafter defined), as amended.

SUBLEASE AGREEMENT
Sublease Agreement • March 4th, 2013 • Affymetrix Inc • Laboratory analytical instruments • California

This Sublease Agreement (the "Sublease") is entered into as of the 11th day of January, 2013 by and between STMICROELECTRONICS, INC., a Delaware corporation with principal place of business at 750 Canyon Drive, Coppell, Texas 75019 ("Sublessor"), and EBIOSCIENCE, INC., a California corporation with its principal place of business at 10255 Science Center Drive, San Diego, California 92121 ("Sublessee"), as subject to the terms and conditions of the Main Lease (herein defined). For the purposes of this Sublease, "Main Lease" means, collectively, that certain Office Lease dated June 4, 2004 between Kilroy Realty, L.P., as landlord ("Landlord"), and Sublessor, as tenant, as amended by that First Amendment to Office Lease dated January 1, 2006, that Second Amendment to Office Lease, dated May 13, 2009, and that Third Amendment to Office Lease, dated August 1, 2009. A copy of the Main Lease is attached and hereby made a part of this Sublease as Exhibit A. Pursuant to and in accordance with t

AFFYMETRIX, INC. PERFORMANCE BASED RESTRICTED STOCK UNIT GRANT NOTICE AND AGREEMENT
Performance Based Restricted Stock Unit Grant Agreement • March 4th, 2013 • Affymetrix Inc • Laboratory analytical instruments • Delaware
AFFYMETRIX, INC. RESTRICTED STOCK UNIT GRANT NOTICE AND AGREEMENT
Restricted Stock Unit Grant Agreement • March 4th, 2013 • Affymetrix Inc • Laboratory analytical instruments • Delaware
SUBLEASE AGREEMENT
Sublease Agreement • March 4th, 2013 • Affymetrix Inc • Laboratory analytical instruments • California

THIS SUBLEASE AGREEMENT ("Sublease") is made as of December 6, 2007, by and between LIGAND PHARMACEUTICALS INCORPORATED, a Delaware corporation ("Sublandlord") and eBIOSCIENCE, INC., a California corporation ("Subtenant"), with Sublandlord and Subtenant hereinafter sometimes referred to collectively as the "Parties" and individually as a "Party"), with reference to the following facts:

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