ContractGigOptix, Inc. • January 29th, 2009 • Semiconductors & related devices • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • January 29th, 2009 • GigOptix, Inc. • Semiconductors & related devices • Idaho
This LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of October 5, 2007, between SILICON VALLEY BANK, a California chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 (“Bank”) and GigOptix, LLC, an Idaho limited liability company, with offices at 2400 Geng Road #11, Palo Alto, CA 94303 (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
FIRST AMENDMENTFirst Amendment • January 29th, 2009 • GigOptix, Inc. • Semiconductors & related devices
THIS FIRST AMENDMENT (the “Amendment”) is made and entered into as of January 26, 2009, by and between EOP-EMBARCADERO PLACE, L.L.C., a Delaware limited liability company (“Landlord”), and GIGOPTIX, INC. a Delaware corporation (“Tenant”).
UNCONDITIONAL GUARANTYUnconditional Guaranty • January 29th, 2009 • GigOptix, Inc. • Semiconductors & related devices
In consideration of one or more extensions of credit by Silicon Valley Bank ("Bank") to GigOptix, LLC, an Idaho limited liability company ("Borrower"), GigOptix, Inc., a Delaware corporation ("Guarantor") unconditionally and irrevocably guarantees (i) payment and performance of all indebtedness of Borrower to Bank; (ii) Borrower’s performance of the under the Loan and Security Agreement dated October 5, 2007 (the "Agreement") and any other Loan Documents (as that term is defined in the Agreement) between Borrower and Bank, each as amended from time to time (collectively the "Agreements"); and (iii) performance by Borrower of all of its other obligations to Bank; in each case, according to their terms.
DEFAULT WAIVER AND FOURTH AMENDMENTDefault Waiver and Fourth • January 29th, 2009 • GigOptix, Inc. • Semiconductors & related devices
THIS DEFAULT WAIVER AND FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is made as of December 31, 2008 (the “Amendment Effective Date”) between SILICON VALLEY BANK, a California chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 (“Bank”) and GIGOPTIX, LLC, an Idaho limited liability company (“Borrower,”) whose address is 2400 Geng Rd., Suite 100, Palo Alto, CA 94303.
ContractGigOptix, Inc. • January 29th, 2009 • Semiconductors & related devices • California
THIS WARRANT AND THE UNITS ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.
FIRST AMENDMENT TOLoan and Security Agreement • January 29th, 2009 • GigOptix, Inc. • Semiconductors & related devices
THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is made as of August 21, 2008 (the “Amendment Effective Date”) between SILICON VALLEY BANK, a California chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 (“Bank”) and GIGOPTIX, LLC, an Idaho limited liability company (“Borrower”) whose address is 2400 Geng Rd., Suite 100, Palo Alto, CA 94303.
