OCCAM NETWORKS, INC. FOURTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • January 13th, 2005 • Occam Networks Inc/De • Computer communications equipment • California
This Fourth Amended and Restated Investors’ Rights Agreement (this “Agreement”) is made and entered into as of January 7, 2005 by and among Occam Networks, Inc., a Delaware corporation (the “Company”); the undersigned purchasers (each, an “Investor” and collectively, the “Investors”) of the Company’s Series A Preferred Stock (as defined herein) originally issued pursuant to the Series A Preferred Stock Purchase Agreement dated as of December 19, 2002 (the “2002 Purchase Agreement”) and/or shares of the Company’s Series A-2 Preferred Stock (as defined herein) issued pursuant to the Series A-2 Preferred Stock Purchase Agreement (the “2003 Purchase Agreement”) dated as of November 19, 2003 as amended by Amendment No. 1 to Series A-2 Preferred Stock Purchase Agreement dated as of March 8, 2004 herewith (the “Amendment” and together with the 2003 Purchase Agreement, the “Amended Purchase Agreement”) and/or the Series A-2 Preferred Stock Purchase Agreement of even date herewith (the “2004 Pu
OCCAM NETWORKS, INC. SERIES A-2 PREFERRED STOCK PURCHASE AGREEMENT First Closing: January 7, 2005Preferred Stock Purchase Agreement • January 13th, 2005 • Occam Networks Inc/De • Computer communications equipment • California
This Series A-2 Preferred Stock Purchase Agreement (this “Agreement”) is made as of January 7, 2005, by and among Occam Networks, Inc., a Delaware corporation (the “Company”), and the persons and entities (each, an “Investor” and collectively, the “Investors”) listed on the Schedule of Investors attached as Exhibit A.
HERCULES TECHNOLOGY GROWTH CAPITAL, INC.Security Agreement • January 13th, 2005 • Occam Networks Inc/De • Computer communications equipment
Re: Amendment to the Senior Loan and Security Agreement dated as of December 17, 2004 (the “Loan Agreement”) by and among Occam Networks, Inc. (“Borrower”), Occam Networks (California), Inc. (“Grantor Subsidiary”) and Hercules Technology Growth Capital, Inc. (“Lender”).
PROMISSORY NOTEOccam Networks Inc/De • January 13th, 2005 • Computer communications equipment
This Promissory Note is the Note referred to in, and is executed and delivered in connection with, that certain Senior Loan and Security Agreement dated December 17, 2004, by and between Borrower and Lender (as the same may from time to time be amended, modified or supplemented in accordance with its terms, the “Loan Agreement”), and is entitled to the benefit and security of the Loan Agreement and the other Loan Documents (as defined in the Loan Agreement), to which reference is made for a statement of all of the terms and conditions thereof. All terms defined in the Loan Agreement shall have the same definitions when used herein, unless otherwise defined herein.
