] Shares SUPER MICRO COMPUTER, INC. COMMON STOCK (PAR VALUE $0.001) UNDERWRITING AGREEMENTUnderwriting Agreement • January 18th, 2007 • Super Micro Computer, Inc. • Electronic computers • New York
The undersigned understands that Morgan Stanley & Co. Incorporated (“Morgan Stanley”) and Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch” and together with Morgan Stanley, the “Representatives”) propose to enter into an Underwriting Agreement (the “Underwriting Agreement”) with Supermicro Computer, Inc., a Delaware corporation (the “Company”), providing for the public offering (the “Public Offering”) by the several underwriters, including the Representatives (the “Underwriters”), of shares (the “Shares”) of the Common Stock, par value $0.001 of the Company (the “Common Stock”).
SUPER MICRO COMPUTER, INC. STOCK OPTION AGREEMENTStock Option Agreement • January 18th, 2007 • Super Micro Computer, Inc. • Electronic computers • California
Super Micro Computer, Inc. has granted to the Participant named in the Notice of Grant of Stock Option (the “Grant Notice”) to which this Stock Option Agreement (the “Option Agreement”) is attached an option (the “Option”) to purchase certain shares of Stock upon the terms and conditions set forth in the Grant Notice and this Option Agreement. The Option has been granted pursuant to and shall in all respects be subject to the terms and conditions of the Super Micro Computer, Inc. 2006 Equity Incentive Plan (the “Plan”), as amended to the Date of Grant, the provisions of which are incorporated herein by reference. By signing the Grant Notice, the Participant: (a) acknowledges receipt of and represents that the Participant has read and is familiar with the Grant Notice, this Option Agreement, the Plan and a prospectus for the Plan prepared in connection with the registration with the Securities and Exchange Commission of shares issuable pursuant to the Option (the “Plan Prospectus”), (b)
SUPER MICRO COMPUTER, INC. RESTRICTED STOCK UNITS AGREEMENTRestricted Stock Units Agreement • January 18th, 2007 • Super Micro Computer, Inc. • Electronic computers • California
Super Micro Computer, Inc. has granted to the Participant named in the Notice of Grant of Restricted Stock Units (the “Grant Notice”) to which this Restricted Stock Units Agreement (the “Agreement”) is attached an Award consisting of Restricted Stock Units (the “Units”) subject to the terms and conditions set forth in the Grant Notice and this Agreement. The Award has been granted pursuant to the Super Micro Computer, Inc. 2006 Equity Incentive Plan (the “Plan”), as amended to the Date of Grant, the provisions of which are incorporated herein by reference. By signing the Grant Notice, the Participant: (a) acknowledges receipt of and represents that the Participant has read and is familiar with the Grant Notice, this Agreement, the Plan and a prospectus for the Plan prepared in connection with the registration with the Securities and Exchange Commission of the shares issuable pursuant to the Award (the “Plan Prospectus”), (b) accepts the Award subject to all of the terms and conditions
INDEMNITY AGREEMENTIndemnity Agreement • January 18th, 2007 • Super Micro Computer, Inc. • Electronic computers • Delaware
This Indemnity Agreement, dated as of , , is made by and between Super Micro Computer, Inc., a Delaware corporation (the “Company”), and (the “Indemnitee”).
SUPER MICRO COMPUTER, INC. RESTRICTED STOCK AGREEMENTRestricted Stock Agreement • January 18th, 2007 • Super Micro Computer, Inc. • Electronic computers • California
Super Micro Computer, Inc. has granted to the Participant named in the Notice of Grant of Restricted Stock (the “Grant Notice”) to which this Restricted Stock Agreement (the “Agreement”) is attached an Award consisting of Shares subject to the terms and conditions set forth in the Grant Notice and this Agreement. The Award has been granted pursuant to the Super Micro Computer, Inc. 2006 Equity Incentive Plan (the “Plan”), as amended to the Date of Grant, the provisions of which are incorporated herein by reference. By signing the Grant Notice, the Participant: (a) acknowledges receipt of and represents that the Participant has read and is familiar with the Grant Notice, this Agreement, the Plan and a prospectus for the Plan prepared in connection with the registration with the Securities and Exchange Commission of the Shares (the “Plan Prospectus”), (b) accepts the Award subject to all of the terms and conditions of the Grant Notice, this Agreement and the Plan and (c) agrees to accept
PRODUCT MANUFACTURING AGREEMENT BETWEEN Supermicro Computer Inc. CA 95131, U.S.A. AND ABLECOM Technology Inc. 5th Floor, No. 228, Liang-Chen Rd., Chung-Ho City, Taipei County, (January 8, 2007)Product Manufacturing Agreement • January 18th, 2007 • Super Micro Computer, Inc. • Electronic computers • California
This Product manufacturing Agreement (“Agreement”), made and entered into on January 8, 2007 (“Effective Date”), by and between Supermicro Computer Inc., a corporation organized and existing under the laws of United States of American and having its principal place of business at 980 Rock Ave., San Jose, CA95131 (hereinafter referred to as “SMC”) and ABLECOM Technology Inc., a corporation organized and existing under the laws of Taiwan, R. O. C., and having its principal place of business at 5th Floor, No. 228, Lian-Cheng Rd., Chung-Ho City, Taipei County, 235 Taiwan, R. O. C. (hereinafter referred to as “ABLECOM”)
