AMENDMENT TO THE REGISTRATION AGREEMENT AND THE FOUNDER REPURCHASE AND RIGHTS AGREEMENTRegistration Agreement and Founders Repurchase and Rights Agreement • November 17th, 2005 • Rackable Systems, Inc. • Electronic computers • Delaware
This AMENDMENT TO THE REGISTRATION AGREEMENT AND THE FOUNDER REPURCHASE AND RIGHTS AGREEMENT (the “Amendment”), which amends (i) the Registration Agreement, dated as of December 23, 2002 and as amended on February 2, 2005 and May 19, 2005 (as amended, the “Registration Agreement”) by and among Rackable Systems, Inc. (the “Company”), Giovanni Coglitore, Nikolai Gallo and Jack Randall (collectively, the “Founders”) and the Investor (as defined therein) and (ii) the Founders Repurchase and Rights Agreement, dated as of December 23, 2002 and as amended on May 19, 2005 (as amended, the “Founders Agreement”) by and among the Company, the Founders and the Rackable Investment LLC (“Investment LLC”), is entered into this 16th day of November, 2005 by Parthenon Investors II, L.P. (“Parthenon”), Investment LLC, the Founders and the Company on behalf of all of the parties to the Registration Agreement and the Founders Agreement.
