TEXT OMITTED AND FILED SEPARATELY CONFIDENTIAL TREATMENT REQUESTEDAsset Sale Agreement • April 1st, 2011 • Performance Technologies Inc \De\ • Computer communications equipment • Delaware
This Asset Sale Agreement (this “Agreement”) is made and entered into as of January 11, 2011 (the “Effective Date”) by and among GENBAND US LLC, a Delaware limited liability company (“GENBAND US LLC”), GENBAND Canada ULC, a Nova Scotia unlimited liability company (“GENBAND Canada”), GENBAND IP Company, a Cayman Islands exempted company (“GENBAND IP Company” and, together with GENBAND US LLC, and GENBAND Canada, the “GENBAND Parties”) on the one hand, and PERFTECH (PTI) CANADA CORP., a corporation organized under the laws of Ontario (“PT”), on the other hand. Each party hereto, a “Party” and collectively, the “Parties.” Certain capitalized terms used herein shall have the meanings given to them in Article 2.
INTELLECTUAL PROPERTY LICENSE AGREEMENTIntellectual Property License Agreement • April 1st, 2011 • Performance Technologies Inc \De\ • Computer communications equipment • Delaware
This Intellectual Property License Agreement (the “License Agreement”) is made and entered into as of January 11, 2011 (the “Effective Date”) by and among GENBAND US LLC, a Delaware limited liability company, GENBAND Ireland Limited, an entity organized under the laws of the Republic of Ireland (“GENBAND Ireland”), and GENBAND IP Company, a Cayman Islands exempted company (“GENBAND IP Company” and, together with GENBAND US LLC and GENBAND Ireland, “GENBAND”) on the one hand, and PERFTECH (PTI) CANADA CORP., a corporation organized under the laws of Ontario (“PT” and, together with GENBAND, the “Parties”), on the other hand. Certain capitalized terms used herein shall have the meanings given to them in Article One.
