SUBSIDIARY GUARANTEESubsidiary Guarantee • August 16th, 2013 • Ocz Technology Group Inc • Computer storage devices • New York
SUBSIDIARY GUARANTEE, dated as of August 12, 2013 (this “Guarantee”), made by each of the signatories hereto (together with any other entity that may become a party hereto as provided herein, the “Guarantors”), in favor of the purchasers signatory (together with their permitted assigns, the “Purchasers”) to that certain Securities Purchase Agreement, dated as of the date hereof, between OCZ Technology Group, Inc., a Delaware corporation (the “Company”), and the Purchasers.
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • August 16th, 2013 • Ocz Technology Group Inc • Computer storage devices • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of August 12, 2013, between OCZ Technology Group, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • August 16th, 2013 • Ocz Technology Group Inc • Computer storage devices
This Agreement is made pursuant to the Securities Purchase Agreement, dated as of the date hereof, between the Company and each Purchaser (the “Purchase Agreement”).
COMMON STOCK PURCHASE WARRANT OCZ TECHNOLOGY GROUP, INC.Security Agreement • August 16th, 2013 • Ocz Technology Group Inc • Computer storage devices • New York
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after August 13, 2013 (the “Initial Exercise Date”) and on or prior to the close of business on the five year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from OCZ Technology Group, Inc., a Delaware corporation (the “Company”), up to shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
SECURITY AGREEMENTSecurity Agreement • August 16th, 2013 • Ocz Technology Group Inc • Computer storage devices • New York
This SECURITY AGREEMENT, dated as of August 12, 2013 (this “Agreement”), is among OCZ Technology Group, Inc., a Delaware corporation (the “Company”), one or more domestic subsidiaries of the Company signatory hereto (such subsidiaries, the “Guarantors” and together with the Company, the “Debtors”) and Collateral Agents, LLC, as collateral agent (the “Agent”) for the holders of the Company’s 9% Secured Convertible Debentures due one year following their issuance, in the original aggregate principal amount of $13,098,500 (collectively, the “Debentures”), their endorsees, transferees and assigns (collectively, the “Secured Parties”).
INTELLECTUAL PROPERTY SECURITY AGREEMENTIntellectual Property Security Agreement • August 16th, 2013 • Ocz Technology Group Inc • Computer storage devices
This Intellectual Property Security Agreement is entered into as of March 11, 2013 by and among HERCULES TECHNOLOGY GROWTH CAPITAL, INC. (“Lender”) and OCZ TECHNOLOGY GROUP, INC., a Delaware corporation (“Grantor”).
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 16th, 2013 • Ocz Technology Group Inc • Computer storage devices
This SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into as of August 13, 2013, by and between HERCULES TECHNOLOGY GROWTH CAPITAL, INC. (“Lender”) and OCZ TECHNOLOGY GROUP, INC. (“OCZ”), and each of its Domestic Subsidiaries and SANRAD INC. (hereinafter together with OCZ collectively referred to as “Borrower”).
AMENDMENT NO. 1 TO WARRANT TO PURCHASE CAPITAL STOCKWarrant to Purchase Capital Stock • August 16th, 2013 • Ocz Technology Group Inc • Computer storage devices
THIS AMENDMENT NO. 1 TO WARRANT TO PURCHASE CAPITAL STOCK (this “Amendment”) is entered into as of June 13, 2013 (the “Amendment Effective Date”), by and between HERCULES TECHNOLOGY GROWTH CAPITAL, INC. (“Warrantholder”), and OCZ TECHNOLOGY GROUP, INC. (“Company”).
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 16th, 2013 • Ocz Technology Group Inc • Computer storage devices
THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into as of June 13, 2013, by and between HERCULES TECHNOLOGY GROWTH CAPITAL, INC. (“Lender”) and OCZ TECHNOLOGY GROUP, INC. (“OCZ”), and SANRAD INC. (hereinafter together with OCZ collectively referred to as “Borrower”).
ContractDebenture • August 16th, 2013 • Ocz Technology Group Inc • Computer storage devices • New York
THIS DEBENTURE IS SUBJECT TO THE TERMS OF THAT CERTAIN SUBORDINATION AGREEMENT DATED AUGUST 12, 2013 BY AND BETWEEN HERCULES AND THE ORIGINAL HOLDER OF THIS DEBENTURE SIGNATORY THERETO
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 16th, 2013 • Ocz Technology Group Inc • Computer storage devices • California
THIS LOAN AND SECURITY AGREEMENT is made and dated as of March 11, 2013 and is entered into by and between OCZ Technology Group, Inc., a Delaware corporation (“OCZ”), and each of its Domestic Subsidiaries (hereinafter together with OCZ collectively referred to as the “Borrower”), and HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation (“Lender”).
