MASTER MANUFACTURING AGREEMENTMaster Manufacturing Agreement • October 5th, 2015 • Xtera Communications, Inc. • Telephone & telegraph apparatus • New York
This Master Manufacturing Agreement (“Agreement”) is entered into as of Jan 01, 2013 (“Effective Date”) by and between Xtera Communications, Inc. (“Xtera”) with a place of business at 500 W. Bethany Drive, Suite 100 Allen, Texas 75013 and NSG Technology, Inc. (“NSGT”) with an office at 1705 Junction Ct. Suite 200, San Jose, CA 95112 forms a binding contract between the parties for manufacture and supply of the Products between Xtera and NSGT.
FOURTH AMENDMENT TO COMMERCIAL LEASECommercial Lease • October 5th, 2015 • Xtera Communications, Inc. • Telephone & telegraph apparatus • Texas
This Fourth Amendment to Commercial Lease (“Fourth Amendment”) is made and entered into this 16 day of October, 2014, by and between GL DALLAS HOLDINGS, L.P. (“Lessor”) and XTERA COMMUNICATIONS. INC. (“Lessee”).
SECOND AMENDMENT TO COMMERCIAL LEASECommercial Lease • October 5th, 2015 • Xtera Communications, Inc. • Telephone & telegraph apparatus
This Second Amendment to Commercial Lease (this “Amendment”) is made and entered into as of this 25 day of June, 2003, by and between GL BETHANY TECH, L.P., a Texas limited partnership, successor to ACLP Bethany, L.P. (“Lessor”), and XTERA COMMUNICATIONS, INC., a Delaware corporation (“Lessee”) for the purposes more fully described below.
THIRD AMENDMENT TO COMMERCIAL LEASECommercial Lease • October 5th, 2015 • Xtera Communications, Inc. • Telephone & telegraph apparatus
This Third Amendment to Commercial Lease is made and entered into between GL DALLAS HOLDINGS, L. P. is successor in interest to GL BETHANY TECH, L. P. (Lessor) and XTERA COMMUNICATIONS, INC. (Lessee) for and in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged.
FIRST AMENDMENT TO COMMERCIAL LEASECommercial Lease • October 5th, 2015 • Xtera Communications, Inc. • Telephone & telegraph apparatus
This First Amendment to Commercial Lease (this “Amendment”) is made and entered into as of this 1st day of January, 2001, by and between ACLP BETHANY, L.P., a Texas limited partnership (“Lessor”), and XTERA COMMUNICATIONS, INC., a Delaware corporation (“Lessee”) for the purposes more fully described below.
LICENSE AGREEMENT MICHIGAN FILES INCLUDING 1581, 1582, 1583, 1602, 1616,1617, 1868, 1869, 1870License Agreement • October 5th, 2015 • Xtera Communications, Inc. • Telephone & telegraph apparatus • Michigan
This License Agreement (the “Agreement”) is effective as of the 1st day of October, 2002 (the “Effective Date”), between Xtera Communications, Inc. (“Xtera”), a corporation incorporated in the State of Delaware, with offices located at 500 W. Bethany Drive, Allen, TX 75013, and the Regents of the University of Michigan (“Michigan”), a constitutional corporation of the State of Michigan.
Loan and Security AgreementLoan and Security Agreement • October 5th, 2015 • Xtera Communications, Inc. • Telephone & telegraph apparatus • North Carolina
THIS LOAN AND SECURITY AGREEMENT is entered into on the above date between SQUARE 1 BANK (“Lender”), whose address is 406 Blackwell Street, Suite 240, Durham, North Carolina 27701, and the borrowers named above (jointly and severally, the “Borrower”), whose chief executive office is located at the above address (“Borrower’s Address”). The Schedule to this Agreement (the “Schedule”) shall for all purposes be deemed to be a part of this Agreement, and the same is an integral part of this Agreement. (Definitions of certain terms used in this Agreement are set forth in Section 8 below.)
XTERA COMMUNICATIONS, INC. SECOND AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENT AUGUST 1, 2007Investor Rights Agreement • October 5th, 2015 • Xtera Communications, Inc. • Telephone & telegraph apparatus • Delaware
This Second Amended and Restated Investor Rights Agreement (the “Agreement”) is made and entered into as of August 1, 2007 by and among Xtera Communications, Inc., a Delaware corporation (the “Company”), (the “Company”), those certain holders of the Company’s Common Stock set forth on Exhibit A attached to this Agreement (individually, a “Common Stockholder,” and collectively, the “Common Stockholders”), and the holders of the Series A-1 Convertible Preferred Stock, par value $0.001 per share (“Series A-1 Preferred Stock”), and the Series B-1 Convertible Preferred Stock, par value $0.001 per share (“Series B-1 Preferred Stock,” and together with the Series A-1 Preferred Stock, the “Preferred Stock”), of the Company set forth on Exhibit B attached to this Agreement (individually, an “Investor” collectively, the “Investors,” and together with the Common Stockholders, the “Stockholders”).
HORIZON TECHNOLOGY FINANCE CORPORATION AND XTERA COMMUNICATIONS, INC. FIRST AMENDMENT TO VENTURE LOAN AND SECURITY AGREEMENTAnd Security Agreement • October 5th, 2015 • Xtera Communications, Inc. • Telephone & telegraph apparatus • Connecticut
THIS FIRST AMENDMENT TO THE VENTURE LOAN AND SECURITY AGREEMENT (this “Amendment”) is made and entered into as of June 17, 2011 by and among Xtera Communications, Inc., a Delaware corporation (the “Borrower”), and Horizon Technology Finance Corporation (“Lender”). Capitalized terms not specifically defined herein shall have the meanings ascribed to them in the Loan Agreement (as defined below).
COMMERCIAL LEASE (TRIPLE NET WITH LANDLORD SERVICES LEASE) BETWEEN ACLP BETHANY, L.P., as Lessor, and XTERA COMMUNICATIONS, INC., as Lessee Dated: May 15, 2000Lease Agreement • October 5th, 2015 • Xtera Communications, Inc. • Telephone & telegraph apparatus
XTERA COMMUNICATIONS, INC. AMENDED AND RESTATED STOCKHOLDER AGREEMENTStockholder Agreement • October 5th, 2015 • Xtera Communications, Inc. • Telephone & telegraph apparatus • Delaware
This Amended and Restated Stockholder Agreement (the “Agreement”) is made as of August 12, 2003, by and among Xtera Communications, Inc., a Delaware corporation (the “Company”), Mohammed Islam, an individual residing in the State of Texas and a holder of outstanding Common Stock of the Company (the “Initial Stockholder”), the holders of Common Stock and Series A-1 Preferred Stock of the Company listed on Schedule I hereto (the “Investors”) and such other persons as may become stockholders of the Company pursuant to a Transfer (as defined below) made in accordance with Sections 1(k) and 8(c) hereof (each a “Transferee” and collectively, the “Transferees”). The Investors and their Transferees are collectively referred to herein as the “Investors” and each an “Investor”.
XTERA COMMUNICATIONS, INC. AMENDED AND RESTATED VOTING AGREEMENTVoting Agreement • October 5th, 2015 • Xtera Communications, Inc. • Telephone & telegraph apparatus • Delaware
This Amended and Restated Voting Agreement (the “Agreement”) is made as of August 1, 2007, by and among Xtera Communications, Inc., a Delaware corporation (the “Company”), those certain holders of the Company’s Common Stock set forth on Exhibit A attached to this Agreement (individually, a “Common Stockholder,” and collectively, the “Common Stockholders”), and the holders of the Series A-1 Convertible Preferred Stock, par value $0.001 per share (“Series A-1 Preferred Stock”), and the Series B-1 Convertible Preferred Stock, par value $0.001 per share (“Series B-1 Preferred Stock,” and together with the Series A-1 Preferred Stock, the “Preferred Stock”), of the Company set forth on Exhibit B attached to this Agreement (individually, an “Investor,” collectively, the “Investors,” and together with the Common Stockholders, the “Stockholders”).
