0001193125-15-353425 Sample Contracts

INDEMNIFICATION AGREEMENT

Indemnification Agreement • October 26th, 2015 • Xtera Communications, Inc. • Telephone & telegraph apparatus • Delaware

• Contract Type
  Indemnification Agreement
• Filed
  October 26th, 2015
• Company
  Xtera Communications, Inc.
• Industry
  Telephone & telegraph apparatus
• Jurisdiction
  Delaware

This Indemnification Agreement, dated , is made between Xtera Communications, Inc., a Delaware corporation (the “Company”), and (the “Indemnitee”).

Shares* XTERA COMMUNICATIONS, INC. Common Stock UNDERWRITING AGREEMENT

Underwriting Agreement • October 26th, 2015 • Xtera Communications, Inc. • Telephone & telegraph apparatus • New York

• Contract Type
  Underwriting Agreement
• Filed
  October 26th, 2015
• Company
  Xtera Communications, Inc.
• Industry
  Telephone & telegraph apparatus
• Jurisdiction
  New York

Xtera Communications, Inc., a Delaware corporation (the “Company”), proposes to issue and sell shares (the “Firm Shares”) of the Company’s Common Stock, par value $0.001 (the “Common Stock”), to you (collectively, the “Underwriters” or “Representatives”). The Company has also agreed to grant to you and the other Underwriters an option (the “Option”) to purchase up to an additional shares of Common Stock, on the terms and for the purposes set forth in Section 1(b) (the “Option Shares”). The Firm Shares and the Option Shares are referred to collectively herein as the “Shares.”