ContractSecurities Purchase Agreement • May 4th, 2004 • Exabyte Corp /De/ • Computer storage devices • New York
EXHIBIT 12 TO SCHEDULE 13D SECURITIES PURCHASE AGREEMENT This Securities Purchase Agreement (this “Agreement”) is dated as of April __, 2004, 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”). WHEREAS, subject to the terms and conditions set forth in this Agreement and pursuant to Section 4(2) of the Securities Act (as defined below), and Rule 506 promulgated thereunder, the Company desires to issue and sell to each Purchaser, and each Purchaser, severally and not jointly, desires to purchase from the Company in the aggregate, up to $25,000,000 million of Preferred Stock and Warrants on the Closing Date. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained in this Agreement, and for other good and valuable consideration the receipt and adequacy of which are hereby acknowledged, the Company and eac
ContractSecurities Agreement • May 4th, 2004 • Exabyte Corp /De/ • Computer storage devices
EXHIBIT 13 TO SCHEDULE 13D NEITHER THIS SECURITY NOR THE SECURITIES INTO WHICH THIS SECURITY IS EXERCISABLE HAVE BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN ACCORDANCE WITH APPLICABLE STATE SECURITIES LAWS AS EVIDENCED BY A LEGAL OPINION OF COUNSEL TO THE TRANSFEROR REASONABLY ACCEPTABLE TO THE COMPANY TO SUCH EFFECT, THE SUBSTANCE OF WHICH SHALL BE REASONABLY ACCEPTABLE TO THE COMPANY. THIS SECURITY MAY BE PLEDGED IN CONNECTION WITH A BONA FIDE MARGIN ACCOUNT WITH A REGISTERED BROKER-DEALER OR OTHER LOAN WITH A FINANCIAL INSTITUTION THAT IS AN “ACCREDITE
STOCK EXCHANGE AGREEMENT (SERIES H)Stock Exchange Agreement • May 4th, 2004 • Exabyte Corp /De/ • Computer storage devices • Colorado
This STOCK EXCHANGE AGREEMENT (this “Agreement”) is made and entered into as of April 2, 2004, between EXABYTE CORPORATION, a Delaware corporation (the “Company”) and each of the owners of Series H preferred stock (“Series H”) of the Company, named on Schedule 1 attached hereto and incorporated herein by reference, who have executed this Agreement (each a “Preferred Holder” and collectively, the “Preferred Holders”).
ContractStock Exchange Agreement • May 4th, 2004 • Exabyte Corp /De/ • Computer storage devices • Colorado
EXHIBIT 15 TO SCHEDULE 13D STOCK EXCHANGE AGREEMENT (SERIES I) This STOCK EXCHANGE AGREEMENT (this “Agreement”) is made and entered into as of April 2, 2004, between EXABYTE CORPORATION, a Delaware corporation (the “Company”) and each of the owners of Series I preferred stock (“Series I”) of the Company, named on Schedule 1 attached hereto and incorporated herein by reference, who have executed this Agreement (each a “Preferred Holder” and collectively, the “Preferred Holders”). Background A. The Preferred Holders wish to exchange their Series I shares for shares of a newly designated series of preferred stock of the Company to be sold in the Private Placement (as defined below), referred to as the “New Series.” The Company currently contemplates that the New Series will be called Series AA preferred stock of the Company. However, this Agreement applies to the New Series whatever the final title of such New Series is. B. The Company has commenced steps for making and consummating a pri
