SEVENTH AMENDMENT TO LETTER OF
CREDIT REIMBURSEMENT AGREEMENT
This Seventh,
Amendment to Letter of Credit Reimbursement Agreement (the
“Amendment”) is entered into as of June 10, 2009, by
and among (a) SILICON VALLEY BANK , a California
corporation, with its principal place of business at 3003 Tasman
Drive, Santa Clara, California 95054 (“Bank”) and (b)
FINISAR CORPORATION, a Delaware corporation, with its chief
executive office located at 1399 Moffett Park Drive, Sunnyvale,
California 94089 (“Finisar”) and OPTIUM
CORPORATION, a Delaware corporation, with its principal place
of business at 500 Horizon Drive, Suite 505, Chalfont,
Pennsylvania 18914 (“Optium”) (hereinafter, Finisar and
Optium are jointly and severally, individually and collectively,
referred to as “Borrower”).
1.
DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS . Among
other indebtedness and obligations which may be owing by Borrower
to Bank, Borrower is indebted to Bank pursuant to a financing
arrangement dated as of April 29, 2005, evidenced by, among
other documents, a certain Letter of Credit Reimbursement Agreement
dated as of April 29, 2005, as amended by a certain First
Amendment to Letter of Credit Reimbursement Agreement dated as of
October 20, 2005, as further amended by a certain Second
Amendment to Letter of Credit Reimbursement Agreement dated as of
October 26, 2006, as further amended by a certain Third
Amendment to Letter of Credit Reimbursement Agreement dated as of
December 21, 2006, as further amended by a certain Fourth
Amendment to Letter of Credit Reimbursement Agreement dated as of
November 1, 2007, as further amended by a certain Fifth
Amendment to Letter of Credit Reimbursement Agreement dated as of
March 14, 2008, and as further amended by a certain Sixth
Amendment to Letter of Credit Reimbursement Agreement dated as of
October 28, 2008 (as amended, the “Reimbursement
Agreement”). Capitalized terms used but not otherwise defined
herein shall have the same meaning as in the Reimbursement
Agreement.
2.
DESCRIPTION OF CHANGE IN TERMS.
A. Modifications
to Reimbursement Agreement.
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