GRANT OF SECURITY INTEREST PATENTS
Exhibit 10.6.9
GRANT OF SECURITY INTEREST
PATENTS
THIS GRANT OF SECURITY INTEREST, dated as of May 10, 2011, is executed by XTERA COMMUNICATIONS, INC., a Delaware corporation with an address of 500 W. Bethany Drive, Suite 100 Allen, Texas 75013 (Debtor), in favor of HORIZON TECHNOLOGY FINANCE CORPORATION, a Delaware corporation with an address of 312 Farmington Avenue, Farmington, Connecticut 06032 (Secured Party).
A. Pursuant to a certain Venture Loan and Security Agreement dated on or about the date hereof (the Agreement) by and between Debtor and the Secured Party, the Secured Party has agreed to extend credit to Debtor upon the terms and subject to the conditions set forth therein;
B. Debtor owns the patents and/or applications for patents, more particularly described on Schedules 1-A and 1-B annexed hereto as part hereof (collectively, the Patents);
C. Pursuant to the Agreement, Debtor has granted to Secured Party a security interest in all right, title and interest of Debtor in and to the Patents, together with any reissue, continuation, continuation-in-part or extension thereof, and all proceeds thereof, including any and all causes of action which may exist by reason of infringement thereof for the full term of the Patents (the Collateral), to secure the prompt payment, performance and observance of the Obligations (as defined in the Agreement);
NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, Debtor does hereby further grant to Secured Party a security interest in the Collateral to secure the prompt payment, performance and observance of the Obligations.
Debtor does hereby further acknowledge and affirm that the rights and remedies of Secured Party with respect to the security interest in the Collateral granted hereby are more fully set forth in the Agreement, the terms and provisions of which are hereby incorporated herein by reference as if fully set forth herein.
IN WITNESS WHEREOF, Debtor has caused this instrument to be executed as of the day and year first written above.
XTERA COMMUNICATIONS, INC. | ||
By: | /s/ Paul Colan | |
Paul Colan | ||
Chief Financial Officer |
SCHEDULE 1-A TO GRANT OF SECURITY INTEREST
PATENTS
Patent | Owner | Registration Number | Registration Date | |||
Control of Raman amplifiers through pump power adjustment | Debtor | US 6,807,197 | October 19, 2004 | |||
Splice in PM fiber in order to depolarize pump light | The Regents of the University of Michigan | US 6,052,393 | April 18, 2000 | |||
Splice in PM fiber in order to depolarize pump light | Debtor | US 6,370,164 | April 9, 2002 | |||
Splice in PM fiber in order to depolarize pump light | Debtor | US 6,833,946 | December 21, 2004 | |||
Bidirectionally pumped Raman amplifiers | Debtor | US 6,714,342 | March 30, 2004 | |||
Bidirectionally pumped Raman amplifiers | Debtor | US 6,631,025 | October 7, 2003 | |||
Raman amplification | Debtor | US 6,101,024 | August 8, 2000 | |||
Raman amplification | Debtor | US 6,239,902 | May 29, 2001 | |||
The Regents of the University of Michigan | ||||||
Ultra long span unrepeatered Raman systems | Debtor | US 7,885,550 | February 8, 2011 | |||
Ultra long span unrepeatered Raman systems | Debtor | US 7,567,593 | July 28, 2009 |
SCHEDULE 1-B TO GRANT OF SECURITY INTEREST
PATENT APPLICATIONS
Patent Application | Owner | Application Number | Application Date |