FOURTH AMENDMENT TO ASSET PURCHASE AGREEMENTAsset Purchase Agreement • May 13th, 2005 • Finisar Corp • Semiconductors & related devices • Delaware
This Amended and Restated 8% Installment Note (this “Note”) is issued by Finisar Corporation, a Delaware corporation (the “Company”) to Data Transit Corp. (“Seller” and the initial “Holder”), pursuant to Section 3.3 of that certain Asset Purchase Agreement, dated as of August 4, 2004, among the Company, Seller and the other parties identified therein, as amended through May 11, 2005 (the “Purchase Agreement”). This Note evidences a portion of the consideration owed to the Holder in connection with the transaction evidenced by the Purchase Agreement. This Note replaces and supersedes that certain 8% Installment Note Due August 5, 2006 (the “Original Note”) that was delivered by the Company and accepted by the Seller on August 6, 2004.
