RACKABLE SYSTEMS, INC. FIRST AMENDMENT TO THE OPTION AGREEMENTSThe Option Agreements • November 9th, 2005 • Rackable Systems, Inc. • Electronic computers
This FIRST AMENDMENT TO THE OPTION AGREEMENTS (this “Amendment”), dated September 1, 2005 (the “Effective Date”), is executed by and among Rackable Systems, Inc., a Delaware corporation (the “Company”) and Thomas K. Barton (the “Executive”). The Company and the Executive are each individually referred to in this Amendment as a “Party” and are collectively referred to in this Amendment as the “Parties.” In this Amendment, all capitalized terms that are otherwise undefined will have the respective meanings specified for such terms as set forth in the Option Agreements (as defined below).
RACKABLE SYSTEMS, INC. FIRST AMENDMENT TO THE EMPLOYMENT AGREEMENTEmployment Agreement • November 9th, 2005 • Rackable Systems, Inc. • Electronic computers
This FIRST AMENDMENT TO THE EMPLOYMENT AGREEMENT (this “Amendment”), dated September 1, 2005 (the “Effective Date”), is executed by and among Rackable Systems, Inc., a Delaware corporation (the “Company”), and Thomas K. Barton (the “Executive”). The Company and the Executive are each individually referred to in this Amendment as a “Party” and are collectively referred to in this Amendment as the “Parties.” In this Amendment, all capitalized terms that are otherwise undefined will have the respective meanings specified for such terms as set forth in the Employment Agreement (as defined below).
SECOND AMENDMENTSecond Amendment • November 9th, 2005 • Rackable Systems, Inc. • Electronic computers
THIS SECOND AMENDMENT (the “Amendment”) is made and entered into as of the 26th day of October 2005, by and between RREEF AMERICA REIT II CORP. MMM, a Maryland corporation (“Landlord”), and RACKABLE SYSTEMS, INC., a Delaware corporation (“Tenant”).
