Confidential Treatment Requested. Confidential portions of this document have been redacted and have been separately filed with the Commission. *** Confidential material redacted and filed separately with the Commission. Sales Agreement among Toshiba...Sales Agreement • December 12th, 2012 • Violin Memory Inc • Computer storage devices • California
This Sales Agreement (“Agreement”) is entered into as of June 27, 2011 (the “Effective Date”), by and between Toshiba Corporation (“Toshiba”), a Japanese corporation, with its principal office at 1-1, Shibaura 1-chome, Minato-ku, Tokyo 105-8001, Japan, on behalf of itself and its Affiliates that have been identified in an Exhibit C attached hereto, including Toshiba America Electronic Components, Inc. (“TAEC”), a California corporation, with its principal office at 19900 MacArthur Boulevard, Suite 400, Irvine, California 92612 (hereinafter collectively referred to as “Seller”) and Violin Memory, Inc., a Delaware corporation, with its principal office at 685 Clyde Avenue, Mountain View, California 94043, on behalf of itself and its Affiliates that have been Identified in Exhibit D attached hereto (hereinafter collectively referred to as “Buyer”). For purposes of this Agreement, “Affiliates” of a party means any entity that is directly or indirectly, Controlling or Controlled by or under
Confidential Treatment Requested. Confidential portions of this document have been redacted and have been separately filed with the Commission. SPONSORSHIP AGREEMENTSponsorship Agreement • December 12th, 2012 • Violin Memory Inc • Computer storage devices • California
THIS SPONSORSHIP AGREEMENT (this “Agreement”) is made and entered into as of June 13, 2012 the (“Effective Date”), by and between Forty Niners SC Stadium Company LLC, a Delaware limited liability company (“Forty Niners SC”) having its principal place of business at 4949 Centennial Boulevard, Santa Clara, CA 95054, and Violin Memory, Inc., a Delaware corporation (“Sponsor”) having its principal place of business at 685 Clyde Avenue, Mountain View, CA 94043. For purposes of this Agreement, Forty Niners SC and Sponsor may each be referred to individually as a “Party” and may be collectively referred to as the “Parties.”
WARRANT TO PURCHASE SERIES D PREFERRED STOCK OF VIOLIN MEMORY, INC.Violin Memory Inc • December 12th, 2012 • Computer storage devices • California
This certifies that Toshiba America Electronic Components, Inc., or permitted assigns (collectively, the “Holder”), for value received, is entitled to purchase, at an exercise price of $0.01 per share, from Violin Memory, Inc., a Delaware corporation (the “Company”), up to that number of fully paid and nonassessable Warrant Shares, equal to the quotient obtained in accordance with the following calculation:
