AGREEMENTConfidentiality Agreement • December 11th, 2006 • Gateway Inc • Electronic computers • Delaware
THIS AGREEMENT (“Agreement”), dated the 5th day of December, 2006, is made by and between Gateway, Inc., a Delaware corporation (“Gateway”), on the one hand, and Scott Galloway (“Mr. Galloway”) and Firebrand Partners III, LLC (together with Mr. Galloway, and their respective affiliates, “Firebrand”), Harbinger Capital Partners Master Fund I, Ltd. (“HCPF”) and Harbinger Capital Partners Special Situations Fund, L.P. and its affiliates, including, without limitation, its affiliates listed on the signature pages hereto (together with HCPF, “Harbinger,” and collectively with Firebrand, the “H/F Group”), on the other.
