0001104659-12-084715 Sample Contracts

and COMPUTERSHARE TRUST COMPANY, N.A. as Rights Agent Rights Agreement Dated as of December 17, 2012
Rights Agreement • December 18th, 2012 • Xyratex LTD • Computer storage devices • Delaware

Common Shares). However, if upon acquiring beneficial ownership of one or more additional Common Shares, the Existing Holder does not beneficially own 15% or more of the Common Shares then issued and outstanding, the Existing Holder shall not be deemed to be an “Acquiring Person” for purposes of the Agreement.

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