GRANT OF SECURITY INTEREST PATENTS

Contract Categories: Business Finance - Security Agreements
EX-10.6.9 23 d38653dex1069.htm EX-10.6.9 EX-10.6.9

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