AGREEMENTConfidentiality Agreement • January 22nd, 2007 • Openwave Systems Inc • Services-prepackaged software • Delaware
THIS AGREEMENT (“Agreement”), dated the [ ] day of January, 2007 (“Effective Date”), is made by and between the Openwave Systems Inc., a Delaware corporation (the “Company”), on the one hand, and Harbinger Capital Partners Master Fund I, Ltd. (“HCPF”), Harbinger Capital Partners Special Situations Fund, L.P. (“HCPSSF”), James L. Zucco (“Mr. Zucco”) and Andrew Breen (“Mr. Breen” and collectively with HCPF, HCPSSF, Mr. Zucco and each of their affiliates and associates, “Harbinger”), on the other hand.
