0000950123-11-052878 Sample Contracts

INDEMNIFICATION AGREEMENT
Indemnification Agreement • May 23rd, 2011 • Fusion-Io, Inc. • Computer storage devices • Delaware

THIS INDEMNIFICATION AGREEMENT (the “Agreement”) is made and entered into this ___ day of _____, 20__ between Fusion-io, Inc., a Delaware corporation (the “Company”), and _____ (“Indemnitee”) and is to be effective as of the time the Indemnitee first provided services to the Company or any subsidiary of the Company, whichever is earlier.

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Fusion-io, Inc. Common Stock, $0.0002 par value per share Underwriting Agreement
Underwriting Agreement • May 23rd, 2011 • Fusion-Io, Inc. • Computer storage devices • New York

Goldman, Sachs & Co. Morgan Stanley & Co. Incorporated As representatives of the several Underwriters named in Schedule I hereto, c/o Goldman, Sachs & Co. 200 West Street New York, New York 10282

AGREEMENT
Agreement • May 23rd, 2011 • Fusion-Io, Inc. • Computer storage devices • Delaware

THIS INDEMNIFICATION AGREEMENT (the “Agreement”) is made and entered into this ___ day of ________, 20__ between Fusion-io, Inc. a Delaware corporation (the “Company”), ______________ (the “Fund”) and ________ (“Director”) and, except as set forth in Section 3(a), is to be effective as of the time the Director first provided services to the Company or any subsidiary of the Company, whichever is earlier. The Director and the Fund are sometimes referred to herein individually as an “Indemnitee” and collectively as the “Indemnitees.”

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