0001193125-04-210397 Sample Contracts

REDACTED – OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE COMMISSION AND IS DENOTED HEREIN BY * * * * * ASSET PURCHASE AGREEMENT BY AND AMONG NETSCAPE COMMUNICATIONS CORPORATION, AMERICA ONLINE INC. AND RED HAT, INC. DATED AS OF SEPTEMBER 29, 2004
Asset Purchase Agreement • December 9th, 2004 • Red Hat Inc • Services-computer programming, data processing, etc. • Delaware

THIS ASSET PURCHASE AGREEMENT (together with all Schedules and Exhibits hereto, this “Agreement”), dated as of September 29, 2004, is entered into by and among Netscape Communications Corporation, a Delaware corporation (“Netscape”) and America Online, Inc., a Delaware Corporation (“AOL” and, together with Netscape, collectively, “Sellers” and, each, a “Seller”), and Red Hat, Inc., a Delaware corporation (“Buyer”).

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RED HAT, INC. LETTERHEAD]
Red Hat Inc • December 9th, 2004 • Services-computer programming, data processing, etc.

Reference is made to that certain Asset Purchase Agreement by and among Netscape Communications Corporation, America Online, Inc. and Red Hat, Inc. dated as of September 29, 2004 (the “Agreement”). Capitalized terms used in this letter shall have the meanings ascribed to such terms in the Agreement unless otherwise defined in this letter.

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