EX-10.5
from 10-Q
4 pages
The Parties Have Previously Entered Into a Letter Agreement (The “Base Confirmation”) Dated as of September 6, 2016 and an Additional Letter Agreement (The “Additional Confirmation” And, Together With the Base Confirmation, Each a “Confirmation”) Dated as of September 7, 2016, the Purpose of Each of Which Was to Confirm the Terms and Conditions of the Capped Call Option Transactions Entered Into Between [Insert Dealer Name] (“Dealer”) and INPHI Corporation (“Counterparty”) in Connection With the Issuance by Counterparty of Its 0.75% Convertible Senior Notes Due 2021 (The “Convertible Notes” and Each Usd 1,000 Principal Amount of Convertible Notes, a “Convertible Note”). on May 20, 2020, Counterparty Entered Into Certain Exchange Transactions With Holders of Convertible Notes Pursuant to Which Counterparty Acquired Convertible Notes in an Aggregate Principal Amount of Usd 171,396,000 (The “Exchanged Convertible Notes”) and Entered Into an Amendment to Each Confirmation to Provide for the Automatic Exercise at Expiration of Those Capped Call Options Corresponding to the Exchanged Convertible Notes (“Amendment No. 1”). on May 21, 2020, Counterparty Entered Into Certain Additional Exchange Transactions (The “Additional Exchange Transactions”) With Holders of Convertible Notes Pursuant to Which Counterparty Acquired Additional Convertible Notes in an Aggregate Principal Amount of Usd 51,694,000 (The “Additional Exchanged Convertible Notes”). to Provide for the Automatic Exercise at Expiration of Those Capped Call Options Corresponding to the Additional Exchanged Convertible Notes, the Parties Have Now Agreed to Amend Each Confirmation by the Terms of This Amendment No. 2 (This “Amendment No. 2”)
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EX-10.4
from 10-Q
4 pages
The Parties Have Previously Entered Into a Letter Agreement (The “Base Confirmation”) Dated as of September 6, 2016 and an Additional Letter Agreement (The “Additional Confirmation” And, Together With the Base Confirmation, Each a “Confirmation”) Dated as of September 7, 2016, the Purpose of Each of Which Was to Confirm the Terms and Conditions of the Capped Call Option Transactions Entered Into Between [Insert Dealer Name] (“Dealer”) and INPHI Corporation (“Counterparty”) in Connection With the Issuance by Counterparty of Its 0.75% Convertible Senior Notes Due 2021 (The “Convertible Notes” and Each Usd 1,000 Principal Amount of Convertible Notes, a “Convertible Note”). on May 20, 2020, Counterparty Entered Into Certain Exchange Transactions (The “Exchange Transactions”) With Holders of Convertible Notes Pursuant to Which Counterparty Acquired Convertible Notes in an Aggregate Principal Amount of Usd 171,396,000 (The “Exchanged Convertible Notes”). to Provide for the Automatic Exercise at Expiration of Those Capped Call Options Corresponding to the Exchanged Convertible Notes, the Parties Have Now Agreed to Amend Each Confirmation by the Terms of This Amendment (This “Amendment”). 1. Amendments. Each Confirmation Is Hereby Amended as Follows: (A) by Inserting the Following New Language at the End of the First Paragraph Opposite the Caption, “Automatic Exercise”
12/34/56
EX-10.3
from 10-Q
4 pages
The Parties Have Previously Entered Into a Letter Agreement (The “Base Confirmation”) Dated as of December 2, 2015 and an Additional Letter Agreement (The “Additional Confirmation” And, Together With the Base Confirmation, the “Confirmations” and Each a “Confirmation”) Dated as of December 4, 2015, the Purpose of Each of Which Was to Confirm the Terms and Conditions of the Capped Call Option Transactions Entered Into Between [Insert Dealer Name] (“Dealer”) and INPHI Corporation (“Counterparty”). the Parties Have Now Agreed to Amend Each Confirmation by the Terms of This Amendment (This “Amendment”). 1. Amendments. Each Confirmation Is Hereby Amended as Follows: (A) by Inserting the Following New Language at the End of the First Paragraph Opposite the Caption, “Automatic Exercise”: “In Addition, All Outstanding Options Not Deemed Automatically Exercised Pursuant to the Immediately Preceding Sentence (“Remaining Options”) Shall Be Deemed to Be Automatically Exercised at the Expiration Time on the Expiration Date”; (B) by Inserting Immediately Following the Phrase, “In Order to Exercise Any Options”, Opposite the Caption, “Notice of Exercise”, the Following New Language: “(Except With Respect to Any Remaining Options)”; (C) by Inserting Immediately Prior to the Period at the End of the Sentence Appearing Opposite the Caption, “Settlement Method”, the Following New Language
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