conduct, act, omission or event in connection with any
of the foregoing (whether based on breach of contract, tort or any other theory
of liability); and EACH Grantor hereby waives, releases and agrees not to sue
upon any claim for any such damages, whether or not accrued and whether or not
known or suspected to exist.
6.16 Additional Grantors. The initial Grantors hereunder shall be the Borrower
and such of the Grantors as are signatories hereto on the date hereof. From time
to time after the date hereof, additional Persons may become Additional
Grantors, by executing a Supplement. Upon delivery of any such Supplement to the
Agent, notice of which is hereby waived by Grantors, each such Additional
Grantor shall be a Grantor and shall be as fully a party hereto as if such
Additional Grantor were an original signatory hereto. Each Grantor expressly
agrees that its obligations arising hereunder shall not be affected or
diminished by the addition or release of any other Grantor hereunder, nor by any
election of the Agent not to cause any entity to become an Additional Grantor
hereunder. This Agreement shall be fully effective as to any Grantor that is or
becomes a party hereto regardless of whether any other Person becomes or fails
to become or ceases to be a Grantor hereunder.
[Remainder of page intentionally left blank]
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IN WITNESS WHEREOF, Grantors and the Agent have caused this Agreement to be duly
executed and delivered by their respective officers thereunto duly authorized as
of the date first written above.
APPLIED OPTOELECTRONICS, INC.
By: /s/ Stefan J. Murry
Name: Stefan J.
Murry
Title: CFO and Chief Strategy Officer
EAST WEST BANK, as Agent
By:
/s/Stefan J. Murry
Name: Kelvin Chan
Title: Managing Director
Signature Page to Security Agreenment
14
SCHEDULE 1
TO
SECURITY AGREEMENT
15
SCHEDULE 2
TO
SECURITY AGREEMENT
16
EXHIBIT A TO
SECURITY AGREEMENT
[FORM OF SUPPLEMENT]
SUPPLEMENT (this "Supplement"), dated as of _________, 20
, is delivered
pursuant to Section 6.16 of the Security Agreement referred to below. The
undersigned hereby agrees that this Supplement may be attached to the Security
Agreement, dated as of June 30, 2015, among the Grantors signatory thereto and
East West Bank, as Agent ("Agent"), as it may heretofore have been and as it may
hereafter be further amended, modified or supplemented from time to time, the
"Security Agreement". Capitalized terms used herein not otherwise defined herein
shall have the meanings given in the Security Agreement. The undersigned by
executing and delivering this Supplement hereby becomes a Grantor under the
Security Agreement in accordance with Section 6.16 thereof and agrees to be
bound by all of the terms thereof with the same force and effect as if
originally named as a Grantor therein, and each reference to a "Grantor" in the
Security Agreement shall be deemed to include the undersigned. Without limiting
the generality of the foregoing, the undersigned hereby:
(a) authorizes Agent to add the information set forth on the Schedules of this
Agreement