0000950134-08-022303 Sample Contracts

DEFERRED STOCK AWARD AGREEMENT UNDER THE OPTIUM CORPORATION 2006 STOCK OPTION AND INCENTIVE PLAN
Deferred Stock Award Agreement • December 17th, 2008 • Finisar Corp • Semiconductors & related devices

Pursuant to the Optium Corporation 2006 Stock Option and Incentive Plan (the “Plan”) as amended through the date hereof, Optium Corporation (the “Company”) hereby grants a Deferred Stock Award (an “Award”) consisting of the number of phantom stock units listed as “Restricted Stock Units” above (the “Restricted Stock Units”) to the Grantee named above. Each Restricted Stock Unit shall relate to one share of Common Stock, par value $.01 per share (the “Stock”) of the Company specified above, subject to the restrictions and conditions set forth herein and in the Plan.

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SIXTH AMENDMENT TO LETTER OF CREDIT REIMBURSEMENT AGREEMENT
Letter of Credit Reimbursement Agreement • December 17th, 2008 • Finisar Corp • Semiconductors & related devices

This Sixth Amendment to Letter of Credit Reimbursement Agreement (the “Amendment”) is entered into as of October 28, 2008, and is effective as of October 25, 2008, by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 (“Bank”) and FINISAR CORPORATION, a Delaware corporation with its chief executive office located at 1399 Moffett Park Drive, Sunnyvale, California 94089 (“Borrower”).

FIRST LOAN MODIFICATION AGREEMENT
Loan Modification Agreement • December 17th, 2008 • Finisar Corp • Semiconductors & related devices

This First Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of October 30, 2008, by and between SILICON VALLEY BANK, a California chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 (“Bank”) and FINISAR CORPORATION, a Delaware corporation with its chief executive office located at 1399 Moffett Park Drive, Sunnyvale, California 94089 (“Borrower”).

SIXTH AMENDMENT TO NON-RECOURSE RECEIVABLES PURCHASE AGREEMENT
Non-Recourse Receivables Purchase Agreement • December 17th, 2008 • Finisar Corp • Semiconductors & related devices

This Sixth Amendment to Non-Recourse Receivables Purchase Agreement (this “Amendment”) is entered into as of October 28, 2008, and is effective as of October 25, 2008, by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 (“Buyer”) and FINISAR CORPORATION, a Delaware corporation with its chief executive office located at 1399 Moffett Park Drive, Sunnyvale, California 94089 (“Seller”).

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