December 15, 2009 Mr. Mike Harrison Brocade Communications Systems, Inc. San Jose, CA 95110 Subject: Amendment 39 to SOW#1 of the IBM/Brocade Goods Agreement ROC-P-68Goods Agreement Roc-P-68 • March 2nd, 2010 • Brocade Communications Systems Inc • Computer peripheral equipment, nec
This letter (the “Amendment”) serves as Amendment Number 39 to SOW#1, including all amendments thereto (“SOW#1”) of the Goods Agreement ROC-P-68 (the “Agreement”), which the parties hereto do mutually agree to amend as follows
Amendment Number 2 to OEM Purchase and License Agreement Between EMC Corporation and Brocade Communications, Inc. OEM Agreement Number OEM 051208 Dated May 20, 2008Oem Purchase and License Agreement • March 2nd, 2010 • Brocade Communications Systems Inc • Computer peripheral equipment, nec
This Amendment Number 2 (“the Amendment”) to the OEM Purchase and License Agreement (the “Agreement”) dated May 20, 2008 BROCADE Communications Systems, Inc., a Delaware corporation with an office located at 1745 Technology Drive, San Jose, California 95110, and BROCADE Communications Switzerland SarL., a Geneva corporation with principal offices at 29 Route de l’Aeroport, Case Postale 105, CH-1215, Geneva 15, Switzerland, and BROCADE Communications Services Switzerland, SarL,, a Geneva corporation with principal offices at 29 Route de l’Aeroport, Case Postale 105, CH-1215, Geneva 15, Switzerland (collectively, “BROCADE”), and EMC Corporation, 176 South Street, Hopkinton, MA 01748 together with its designated Subsidiaries (“EMC”), and commences on the date accepted and executed by BROCADE (“Effective Date”).
REAL ESTATE SALE AGREEMENT [1600 Technology Drive, San Jose, California]Real Estate Sale Agreement • March 2nd, 2010 • Brocade Communications Systems Inc • Computer peripheral equipment, nec
THIS REAL ESTATE SALE AGREEMENT (this “Agreement”) is made effective as of January 25, 2010 (the “Effective Date”), by and between Brocade Communications Systems Skyport LLC, a Delaware limited liability company (“Seller”), and CA-Skyport III Limited Partnership, a Delaware limited partnership (“Purchaser”). In consideration of the mutual covenants contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Purchaser agree as follows:
LEASE AGREEMENT by and between CA-SKYPORT III LIMITED PARTNERSHIP (“Landlord”) and BROCADE COMMUNICATIONS SYSTEMS, INC. (“Tenant”) January 28, 2010Lease Agreement • March 2nd, 2010 • Brocade Communications Systems Inc • Computer peripheral equipment, nec
For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, Brocade Communications Systems, Inc., a Delaware corporation (“Seller”), does hereby sell, transfer, and convey, without warranty, to , a (“Buyer”), all existing furniture cubicle systems currently located within the Premises (as defined in that certain Lease by and between Seller and Buyer dated as of January , 2010).
AMENDMENT AND WAIVER NO. 1 TO CREDIT AGREEMENTCredit Agreement • March 2nd, 2010 • Brocade Communications Systems Inc • Computer peripheral equipment, nec • New York
Reference is made to (i) the Credit Agreement dated as of October 7, 2008 (as amended, restated, extended, Refinanced, supplemented, waived or otherwise modified from time to time (including by that certain Amendment and Waiver dated as of January [ ], 2010) the “Credit Agreement”), among Brocade Communication Systems, Inc. (the “Company”), the Lenders party thereto from time to time, the Administrative Agent and the other parties named therein, as amended, restated, amended and restated, extended, supplemented or otherwise modified from time to time; (ii) the Security Agreement, dated as of December 18, 2008 (as amended, restated, extended, supplemented, waived or otherwise modified from time to time, the “Security Agreement”), by and among the Grantors party thereto and the Credit Agreement Collateral Agent, as the same may be further amended, restated, amended and restated, extended, supplemented or modified from time to time; (iii) the [ ]% Senior Secured Notes due 2018 (as amended
