NEOPHOTONICS CORPORATION Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • January 18th, 2011 • Neophotonics Corp • Semiconductors & related devices • New York
NeoPhotonics Corporation, a Delaware corporation (the “Company”), proposes to issue and sell to the several Underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of shares of common stock, par value $0.0025 per share (“Common Stock”), of the Company (the “Underwritten Shares”). In addition, the Company proposes to issue and sell, at the option of the Underwriters, up to an additional shares of Common Stock of the Company (the “Option Shares”). The Underwritten Shares and the Option Shares are herein referred to as the “Shares”. The shares of Common Stock of the Company to be outstanding after giving effect to the sale of the Shares are referred to herein as the “Stock”.
Accounts Receivable Pledge ContractAccounts Receivable Pledge Contract • January 18th, 2011 • Neophotonics Corp • Semiconductors & related devices
In order to secure the full and timely performance of all the obligations under the Master Contracts by the debtor (please see Article X hereunder for details) and safeguard the realization of creditor’s rights, the Pledgor voluntarily creates a pledge over the accounts receivable as mentioned herein and provides a guarantee with respect to all the debts owed by the debtor under the Master Contracts.
