THIS PROMISSORY NOTE (THIS “NOTE”) IS SUBJECT TO THE TERMS OF THAT CERTAIN SUBORDINATION AGREEMENT DATED AS OF MAY 15, 2014 BY AND BETWEEN PAYEE AND SILICON VALLEY BANK (AS AMENDED, SUPPLEMENTED OR OTHERWISE MODIFIED FROM TIME TO TIME, THE...Promissory Note • May 19th, 2014 • Overland Storage Inc • Computer storage devices • California
FOR VALUE RECEIVED, OVERLAND STORAGE, INC., a California corporation (“Maker”), unconditionally promises to pay SPHERE 3D CORPORATION, an Ontario corporation (“Payee”), on May 15, 2018 in the manner and at the place hereinafter provided, the principal amount equal to the lesser of (x) Five Million and no/100 Dollars ($5,000,000.00) and (y) the unpaid principal amount of all advances made by Payee to Maker (plus, in each case, interest that has been added to the principal amount of this Note in accordance with the terms hereof).
AGREEMENT AND PLAN OF MERGER DATED AS OF MAY 15, 2014 BY AND AMONG SPHERE 3D CORPORATION OVERLAND STORAGE, INC. AND S3D ACQUISITION COMPANYMerger Agreement • May 19th, 2014 • Overland Storage Inc • Computer storage devices • California
This AGREEMENT AND PLAN OF MERGER, dated as of May 15, 2014 (the “Agreement”), is by and among Overland Storage, Inc., a California corporation (“the “Company”), Sphere 3D Corporation, an Ontario corporation (“Parent”), and S3D Acquisition Company, a California corporation and wholly owned subsidiary of Parent (“Merger Sub”).
