BROCADE COMMUNICATIONS SYSTEMS, INC. RESTRICTED STOCK UNIT AGREEMENT FOR FY17 PERFORMANCE STOCK UNITSRestricted Stock Unit Agreement • December 16th, 2016 • Brocade Communications Systems Inc • Computer communications equipment • California
You (“Grantee”) have been granted an award of market-based performance Restricted Stock Units under the Company’s 2009 Stock Plan (the “Plan”). The date of this Restricted Stock Unit Agreement (the “Agreement”) is the Grant Date defined below. Unless otherwise defined herein, capitalized terms used herein shall have the meanings ascribed to them in the Plan or Appendix A, which are attached hereto and incorporated herein in their entirety. The principal features of this award are as follows:
Statement of WorkBrocade Communications Systems Inc • December 16th, 2016 • Computer communications equipment
This Amendment # 12 is subject to the terms and conditions and forms a part of Statement of Work 7, as amended, and its related Agreement # ROC-P-68 (collectively, “Agreement”) between International Business Machines Corporation (“Buyer” or “IBM”) and Brocade Communications Systems, Inc. and Brocade Communications Switzerland, SarL (individually and collectively, “Supplier” or “Brocade”). The effective date of this Amendment is September 1, 2016 (“Effective Date”)> For good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows:
September 1, 2016 Mr. Mike Harrison Brocade Communications Systems, Inc. San Jose, CA 95134-1376 Subject: Amendment 51 to SOW #1 of the IBM/Brocade Goods Agreement ROC-P-68Brocade Communications Systems Inc • December 16th, 2016 • Computer communications equipment
This letter (the “Amendment”) serves as Amendment Number 51 to SOW #1, including all amendments thereto (“SOW#1”) of the Goods Agreement ROC-P-68 (the “Agreement”), which the parties hereto do mutually agree to amend as follows
Amendment Number 9 to OEM Purchase and License Agreement Between EMC Corporation and Brocade Communications, Inc. OEM Agreement Number OEM 051208 Dated May 20, 2008Purchase and License Agreement • December 16th, 2016 • Brocade Communications Systems Inc • Computer communications equipment
This Amendment Number 9 (“Amendment 9”) to the OEM Purchase and License Agreement (“Original Agreement”) dated May 20, 2008 Brocade Communications Systems, Inc., a Delaware corporation with an office located at 130 Holger Way, San Jose, California 95134, and Brocade Communications Switzerland SarL., a Geneva corporation with principal offices at 29 Route de l'Aeroport, Case Postale 105, CH-1215, Geneva 15, Switzerland, (collectively, “Brocade”), and EMC Corporation, 176 South Street, Hopkinton, MA 01748 together with its designated Subsidiaries (“EMC”), and commences as of April 1, 2016 (“Effective Date”). The Original Agreement, as amended by Amendments 1 through 9, is collectively referred to herein as the “Agreement.”
