0001193125-05-155055 Sample Contracts

INTELLECTUAL PROPERTY LICENSE AGREEMENT
Intellectual Property License Agreement • August 2nd, 2005 • Nstor Technologies Inc • Services-prepackaged software • California

THIS INTELLECTUAL PROPERTY LICENSE AGREEMENT (“Agreement”) is made and entered into as of July 27, 2005 (the “Effective Date”) by and between XYRATEX TECHNOLOGY LIMITED, a company incorporated under the laws of England (“Licensee”) and nSTOR CORPORATION, INC., a Delaware corporation (“Licensor”).

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AGREEMENT AND PLAN OF MERGER BY AND AMONG XYRATEX LTD, NORMANDY ACQUISITION CORPORATION AND NSTOR TECHNOLOGIES, INC. DATED AS OF JULY 27, 2005
Agreement and Plan of Merger • August 2nd, 2005 • Nstor Technologies Inc • Services-prepackaged software • Delaware

THIS AGREEMENT AND PLAN OF MERGER, dated as of July 27, 2005 (this “Agreement”), is by and among Xyratex Ltd, a Bermuda corporation (“Parent”), Normandy Acquisition Corporation, a Delaware corporation and an indirect wholly-owned subsidiary of Parent (the “Purchaser” or “Merger Sub”), and nStor Technologies, Inc., a Delaware corporation (the “Company”).

INDEMNIFICATION AND LITIGATION SUPPORT AGREEMENT
Indemnification and Litigation Support Agreement • August 2nd, 2005 • Nstor Technologies Inc • Services-prepackaged software • Delaware

THIS INDEMNIFICATION AND LITIGATION SUPPORT AGREEMENT, dated as of July 27, 2005 (this “Agreement”), is by and between nStor Technologies, Inc., a Delaware corporation (the “Company”), nStor Corporation, a Delaware corporation and a wholly-owned Subsidiary of the Company (the “Subsidiary”), and H. Irwin Levy (the “Indemnitor”).

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