EXHIBIT 10.38 March 26, 1998 Digital Video Systems, Inc. 160 Knowles Drive Los Gatos, California 95032 Arris Interactive L.L.C. David Potts, Chief Financial Officer 3871 Lakefield Drive Suwanee, Georgia 30174 Re: Release of Shares; Termination of Earn...Digital Video Systems Inc • July 14th, 1998 • Radio & tv broadcasting & communications equipment
EXHIBIT 10.38 March 26, 1998 Digital Video Systems, Inc. 160 Knowles Drive Los Gatos, California 95032 Arris Interactive L.L.C. David Potts, Chief Financial Officer 3871 Lakefield Drive Suwanee, Georgia 30174 Re: Release of Shares; Termination of Earn Out, Etc. Dear Mr. Potts: We make reference to that certain Asset Purchase Agreement dated as of July 25, 1997 by and between Digital Video Systems, Inc. ("DVS") and Arris Interactive L.L.C. ("Arris"), as amended by Amendment No. 1 thereto dated as of August 1, 1997 (the "Asset Purchase Agreement"), and that certain Escrow Agreement dated as of August 1, 1997 by and between DVS and Arris (the "Escrow Agreement"). Capitalized terms used herein and not otherwise defined shall have the meaning given to such terms in the Asset Purchase Agreement. Subject to the covenants and representations of Arris set forth below: 1. DVS shall immediately release the 300,000 shares of DVS's common stock escrowed pursuant to the Escrow Agreement (the "Shares
Exhibit 10.36 AMENDMENT TO ASSET PURCHASE AGREEMENT This Amendment to the Asset Purchase Agreement (the "Amendment") is entered into as of June 23, 1998 by and between Digital Video Systems, Inc., a Delaware corporation ("DVS") and Hyundai Electronics...Asset Purchase Agreement • July 14th, 1998 • Digital Video Systems Inc • Radio & tv broadcasting & communications equipment
Exhibit 10.36 AMENDMENT TO ASSET PURCHASE AGREEMENT This Amendment to the Asset Purchase Agreement (the "Amendment") is entered into as of June 23, 1998 by and between Digital Video Systems, Inc., a Delaware corporation ("DVS") and Hyundai Electronics Industries Co., Ltd., a company organized under the laws of Korea ("Hyundai"). WHEREAS, DVS and Hyundai entered into a certain Asset Purchase Agreement, dated as of May 8, 1998; and WHEREAS, the parties now desire to attend the Agreement on the terms provided in this Amendment. NOW, THEREFORE, the parties hereto agree as follows: 1. The first sentence of Section 1.1(a) of the Agreement is hereby amended and restated in its entirety as follows: "1.1(a) Exclusive License of Intangible Assets. Subject to the terms and conditions of this Agreement, at the closing of the license of the Intangible Assets (the "IP Closing"), Hyundai will grant to DVS a perpetual, worldwide, royalty-free license to use the Intangible Assets other than the Three P
Exhibit 10.37 Majority Partner: D.V.S. H.K., Limited ("DVS") Legal Address: Unit 22-23A, Level 18, Landmark, 39 Lung Sum Avenue, Sheung Shui, New Territories, Hong Kong Legal Representative: Dr. Edmund Sun New Minority Partner: Panyu Kembo Electrical...Digital Video Systems Inc • July 14th, 1998 • Radio & tv broadcasting & communications equipment
EXHIBIT 10.35 ASSET PURCHASE AGREEMENT ASSET PURCHASE AGREEMENT dated as of May 8, 1998, by and between Digital Video Systems, Inc., a Delaware corporation ("DVS") and Hyundai Electronics Industries Company, Ltd., a company organized under the laws of...Asset Purchase Agreement Asset Purchase Agreement • July 14th, 1998 • Digital Video Systems Inc • Radio & tv broadcasting & communications equipment • California
EXHIBIT 10.35 ASSET PURCHASE AGREEMENT ASSET PURCHASE AGREEMENT dated as of May 8, 1998, by and between Digital Video Systems, Inc., a Delaware corporation ("DVS") and Hyundai Electronics Industries Company, Ltd., a company organized under the laws of Korea ("Hyundai"). W I T N E S S E T H: WHEREAS, DVS desires to license from Hyundai and Hyundai desires to license, directly to DVS, substantially all of the intangible assets (the "Intangible Assets") of Hyundai used or useful in its DVD-ROM division ("DVD-ROM Business"), and to sell to a wholly-owned Korean subsidiary of DVS ("DVS-Korea"), all of the tangible assets used or useful in the DVD- ROM Business (the "Tangible Assets," and together with the Intangible Assets, the "Assets") and in connection therewith grant to DVS certain other rights, in exchange for, shares of common stock of DVS (the "Common Stock") in the case of the Intangible Assets, and cash, in the case of the Tangible Assets, as set forth herein (collectively, the "Tr
