0001104659-04-003313 Sample Contracts

Base Agreement # 4902RL1317
Base Agreement • February 10th, 2004 • Overland Storage Inc • Computer storage devices • New York

This Base Agreement (“Base Agreement”) dated as of November 1, 2002 (“Effective Date”), between International Business Machines Corporation (“Buyer”) and Overland Storage, Inc. (“Supplier”), establishes the basis for a multinational procurement relationship under which Supplier will provide Buyer the Products and Services described in SOWs issued under this Base Agreement. Products and Services acquired by Buyer on or after the Effective Date will be covered by this Base Agreement. This Base Agreement will remain in effect until terminated.

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PRODUCT PURCHASE AGREEMENT NO. 1585-042103
Product Purchase Agreement • February 10th, 2004 • Overland Storage Inc • Computer storage devices • California

This PRODUCT PURCHASE AGREEMENT (“Agreement”) is entered into as of the 31st day of July 2003 (the “Effective Date”) by and between HEWLETT-PACKARD COMPANY (“HP”), a Delaware corporation, having its principal place of business located at 3000 Hanover Street, Palo Alto, California 94304, and OVERLAND STORAGE, INC. (“Supplier”), a

SECOND AMENDMENT TO VR2 TECHNOLOGY LICENSE AGREEMENT
Vr2 Technology License Agreement • February 10th, 2004 • Overland Storage Inc • Computer storage devices • California

THIS SECOND AMENDMENT TO VR2 TECHNOLOGY LICENSE AGREEMENT (this “Amendment”) is made and entered into as of this 7th day of November, 2003 (the “Amendment Effective Date”), by and between Overland Storage, Inc., a California corporation, having a place of business at 4820 Overland Avenue, San Diego, CA 92123 (“Overland”), and Storage Technology Corp., a Delaware corporation, having a place of business at One Storage Tek Drive, Louisville, CO 80028 (“StorageTek”).

SECOND MODIFICATION TO BUSINESS LOAN AGREEMENT AND ADDENDUM A
Business Loan Agreement • February 10th, 2004 • Overland Storage Inc • Computer storage devices

This Second Modification to Business Loan Agreement and Addendum A (this “Modification”) is entered into by and between OVERLAND STORAGE, INC. (“Borrower”) and COMERICA BANK-CALIFORNIA (“Bank”) as of this 10th day of September 2003, at San Jose, California.

ORIGINAL NOTE INFORMATION INTEREST RATE AMOUNT NOTE DATE MATURITY DATE OBLIGATOR # NOTE #
Loan Revision/Extension Agreement • February 10th, 2004 • Overland Storage Inc • Computer storage devices

This Loan Revision Agreement refers to the loan evidenced by the above Note dated November 28, 2001 in favor of Bank executed by Overland Storage, Inc. in the amount of $10,000,000.00 payable in full on November 30, 2003. { } Said Note is secured by a Deed of Trust dated N/A (hereinafter referred to as the “Encumbrance”), recorded on N/A as Instrument No. N/A in the Office of County Recorder of N/A County California.

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