FOUNDERS REPURCHASE AND RIGHTS AGREEMENTFounders Repurchase and Rights Agreement • February 4th, 2005 • Rackable Systems, Inc. • 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).
