Senior Convertible Notes Due 2038Indenture • November 13th, 2007 • Affymetrix Inc • Laboratory analytical instruments • New York
INDENTURE, dated as of November [ ], 2007, between Affymetrix, Inc., a corporation duly organized and existing under the laws of the State of Delaware, as Issuer (the "Company"), having its principal office at 3420 Central Expressway, Santa Clara, CA 95051, and The Bank of New York Trust Company, N.A., as Trustee (the "Trustee").
QuickLinks -- Click here to rapidly navigate through this documentUnderwriting Agreement • November 13th, 2007 • Affymetrix Inc • Laboratory analytical instruments • New York
Affymetrix, Inc., a Delaware corporation (the "Company"), proposes to issue and sell to J.P. Morgan Securities Inc. (the "Underwriter"), $250,000,000 principal amount of its [ ]% Senior Convertible Notes due 2038 (the "Firm Securities") and, at the option of the Underwriter, up to an additional $37,500,000 principal amount of its [ ]% Senior Convertible Notes due 2038 (the "Additional Securities" and, together with the Firm Securities, the "Securities"). The Securities will be issued pursuant to an Indenture (the "Indenture"), to be dated as of the Closing Date (as defined in Section 2(c)), among the Company and The Bank of New York Trust Company, N.A., as trustee (the "Trustee"). The Securities will be convertible into shares of common stock (the "Common Stock") of the Company, par value $0.01 per share, in accordance with the terms of the Indenture. The Common Stock initially will have attached thereto stockholder rights issued pursuant to a Rights Agreement dated as of October 15, 1
