PURCHASE AND DISTRIBUTION AGREEMENTPurchase and Distribution Agreement • June 5th, 2008 • Xplore Technologies Corp • Computer & office equipment • Texas
This Purchase and Distribution Agreement (“Agreement”) is made by Xplore Technologies Corp. (“Buyer”) and Pegatron Corporation, (“Seller”) and is effective as of December 7, 2007 (Effective Date). The terms and conditions contained in this Agreement shall govern the development, production, purchase, sale, service and distribution of the Products listed and described in Exhibit A (“Products and Pricing”). In the event of any conflict between this Agreement and the terms and conditions of an Order, as defined below, this Agreement shall govern. Any reference to Buyer or Seller, as the case may be, shall include Buyer’s Subsidiaries and Seller’s Subsidiaries, respectively. “Subsidiaries” shall mean any entity of which more than fifty percent (50%) of the voting rights are owned or controlled, directly or indirectly, by Buyer or Seller, as the case may be, provided, however, that such entity shall be deemed to be a Subsidiary only for so long as such ownership or control exists. All terms
FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 5th, 2008 • Xplore Technologies Corp • Computer & office equipment
THIS FIFTH AMENDMENT to Loan and Security Agreement (this “Amendment”) is entered into this 27th day of May, 2008, by and between Silicon Valley Bank (“Bank”) and XPLORE TECHNOLOGIES CORPORATION OF AMERICA, a Delaware corporation (“Borrower”) whose address is 14000 Summit Drive, Suite 900, Austin, Texas 78728.
