Exabyte Payment and Repayment
Plan
Memorandum of
Understanding
Amendment
This Memorandum records
mutual agreements reached as of this 1 st day of
November 2005, between Exabyte Corporation, having a place of
business at 2108 55 th Street, Boulder, Colorado 80301
U.S.A, and Nihon Exabyte Corporation, a representative and agent of
Exabyte Corporation, having a place of business at Kasumigaseki
Building, 35F, 3-2-5 Kasumigaseki, Chiyoda-ku, Tokyo, Japan,
(referred to here collectively as “Exabyte”) and
Hitachi, Ltd. having a place of business at Shin-Otemachi Building.
2-1, Otemachi 2-chome, Chiyoda-ku, Tokyo, 100-0004, Japan (referred
to here as “Hitachi”).
This Memorandum shall
document agreements between Exabyte and Hitachi regarding special
payment terms for the total amount of accounts payable owed by
Exabyte to Hitachi as of December 31, 2002 (“12/31/02 Total
Amount Payable”). Exabyte shall repay the 12/31/02 Total
Amount Payable in full and in such amounts with accrued interest
and on such dates as defined in the attached payment schedule
(“Repayment Schedule”). Exabyte shall pay for new
purchases made from Hitachi after 12/31/2002 according to the
payment terms (“Payment Terms”) defined in the
attachment.
The payment with regard to
Repayment Schedule and Payment Terms shall be made by Exabyte to
Hitachi under the Plan defined in the attachments.
Except in the case of any
failure by Exabyte or other event as defined below and to the
extent that Exabyte is in compliance with the Payment Terms
regarding any shipments received from Hitachi after 12/31/02,
Hitachi agrees to make a reasonable effort to continue shipments to
Exabyte in accordance with the Manufacturing and Supply Agreement
between Exabyte and Hitachi.
At the option and sole
discretion of Hitachi, the entire unpaid balance of the 12/31/02
Total Amount Payable and all accrued interest, if any, and the
total new accounts payable to Hitachi after 12/31/02 shall become
immediately due and payable and any agreements among the parties
shall immediately terminate, except for those provisions in any
agreements which by specification or by their
