PART I FINANCIAL INFORMATION

EX-10.40 6 f83290exv10w40.txt EXHIBIT 10.40 Exhibit 10.40 [HEWLETT-PACKARD LOGO] JANUARY 25, 2002 Brocade Communications Systems, Inc. 1745 Technology Drive San Jose, CA. 95110 ATTENTION: Charlie Leeming RE: OEM PURCHASE AGREEMENT BY AND BETWEEN HEWLETT-PACKARD COMPANY AND BROCADE COMMUNICATIONS SYSTEMS DATED JANUARY 28, 2000 Dr. Mr. Leeming: The term of the OEM Purchase Agreement by and between Hewlett-Packard Company ("HP") and Brocade Communications Systems, Inc. ("Brocade") dated January 28,2000 expires on or about January 28, 2002. HP and Brocade agree to extend the term of that agreement until January 28, 2003. Please indicate your agreement with the above by having an authorized representative of Brocade sign this letter. A copy of the agreement should be sent by fax to Brian Tippens at ###-###-#### and the letter with your original signature should then be mailed to Brian. Please do not hesitate to call Brian on ###-###-#### if you have any questions or concerns. Very truly yours, ACKNOWLEDGED AND AGREED HEWLETT-PACKARD COMPANY BROCADE COMMUNICATIONS SYSTEMS, INC. By By ____________________________ (Authorized Representative) Don Kleinshnitz Typed Name _____________________ NSSO-SNS General Manager Title ____________________________ January 27, 2002 Date ____________________________