6,250,000 Shares Rackable Systems, Inc. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • May 27th, 2005 • Rackable Systems, Inc. • Electronic computers • New York
Rackable Systems, Inc., a Delaware corporation (the “Company”), proposes to issue and sell 6,250,000 shares (the “Firm Stock”) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”).
AMENDMENT NO. 1 to the FOUNDERS REPURCHASE AND RIGHTS AGREEMENTFounders Repurchase and Rights Agreement • May 27th, 2005 • Rackable Systems, Inc. • Electronic computers • Delaware
THIS AMENDMENT No. 1 to the Founders Repurchase and Rights Agreement (this “Amendment”) is made effective as of May 19, 2005 by and among Rackable Systems, Inc. (f/k/a Rackable Corporation), a Delaware corporation (the “Company”), Rackable Investment LLC, a Delaware limited liability company (“Investment LLC”) and Giovanni Coglitore, Nikolai Gallo and Jack Randall. All capitalized terms not defined herein shall have the meanings set forth in the Founders Agreement (as defined below).
AMENDMENT NO. 2 TO RACKABLE SYSTEMS, INC. REGISTRATION AGREEMENTRegistration Agreement • May 27th, 2005 • Rackable Systems, Inc. • Electronic computers • Delaware
THIS AMENDMENT NO. 2 TO RACKABLE SYSTEMS, INC. REGISTRATION AGREEMENT (this “Amendment Agreement”), dated as of May 19, 2005, is adopted, executed and agreed to, for good and valuable consideration, by each of Rackable Systems, Inc., a Delaware corporation (f/k/a Rackable Corporation) (the “Company”), Rackable Investment LLC, a Delaware limited liability company (the “Investor”), Giovanni Coglitore, Nikolai Gallo and Jack Randall. All capitalized terms not defined herein shall have the meanings set forth in the Registration Agreement (as defined below).
