EX-10.43 3 dex1043.htm AMENDMENT NO.1 TO REPURCHASE RIGHTS AGREEMENT AMENDMENT NO. 1 to the FOUNDERS REPURCHASE AND RIGHTS AGREEMENTFounders Repurchase and Rights Agreement • May 5th, 2020 • Delaware
THIS AMENDMENT No. 1 to the Founders Repurchase and Rights Agreement (this “Amendment”) is made effective as of May 19, 2005 by and among Rackable Systems, Inc. (f/k/a Rackable Corporation), a Delaware corporation (the “Company”), Rackable Investment LLC, a Delaware limited liability company (“Investment LLC”) and Giovanni Coglitore, Nikolai Gallo and Jack Randall. All capitalized terms not defined herein shall have the meanings set forth in the Founders Agreement (as defined below).
EX-10.4 12 dex104.htm FOUNDERS REPURCHASE AND RIGHTS AGREEMENT FOUNDERS REPURCHASE AND RIGHTS AGREEMENTFounders Repurchase and Rights Agreement • May 5th, 2020 • Delaware
THIS FOUNDERS REPURCHASE AND RIGHTS AGREEMENT (the “Agreement”) is made as of December 23, 2002, by and among RACKABLE CORPORATION, a Delaware corporation (the “Company”), RACKABLE SYSTEMS, INC., a Delaware corporation (“Rackable”), RACKABLE INVESTMENT LLC, a Delaware limited liability Company (the “Purchaser”) and each of the Persons listed on EXHIBIT A attached hereto (each, a “Founder” and collectively the “Founders”). All capitalized terms used herein but not otherwise defined shall have the meanings set forth in the Asset Acquisition Agreement (as defined below).
