0001193125-11-131760 Sample Contracts

Contract
Warrant Agreement • May 9th, 2011 • Force10 Networks Inc • Computer communications equipment • California

THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.

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THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • May 9th, 2011 • Force10 Networks Inc • Computer communications equipment • California

This THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of February 25, 2011 among SILICON VALLEY BANK, a California banking corporation (“Bank”), FORCE10 NETWORKS, INC., formerly known as Turin Networks, Inc., a Delaware corporation (“Parent”), and FORCE10 NETWORKS GLOBAL, INC., formerly known as Titan1 Acquisition Corp., a Delaware corporation (“Titan1”, together with Parent, collectively, jointly and severally, “Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:

Third Amendment To Lease
Lease • May 9th, 2011 • Force10 Networks Inc • Computer communications equipment

This is an amendment to that certain Redwood Business Park Full Service Lease – dated October 4, 1999, including Amendment To Lease dated August 22, 2000 and Second Amendment To Lease dated December 14, 2004, by and between Redwood Business Park I, LLC, as Landlord and Force10 Network, Inc. (formerly known as Turin Networks, Inc., a Delaware Corporation as Tenant for the real property commonly known as 1415 N. McDowell Blvd., Petaluma, county of Sonoma, state of California.

Contract
Warrant Agreement • May 9th, 2011 • Force10 Networks Inc • Computer communications equipment • California

THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.

FORCE10 NETWORKS, INC. EAST WEST BANK LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • May 9th, 2011 • Force10 Networks Inc • Computer communications equipment • California

This LOAN AND SECURITY AGREEMENT (the “Agreement”) is entered into as of September 30, 2010, by and between EAST WEST BANK (“Bank”) and FORCE10 NETWORKS, INC. (“Borrower”).

Contract
Warrant Agreement • May 9th, 2011 • Force10 Networks Inc • Computer communications equipment • California

THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.

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