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INDEX TO EXHIBITS
Incorporated by Reference
Exhibit
Number
Exhibit Description
Form
File
No.
Date of
First
Filing
Exhibit
Number
Provided
Herewith
3.01
Registrants
’
Restated Certificate of Incorporation.
S
-
1
333
-
135426
June 29,
2006
3.03
3.02
Registrant
’
s Restated Bylaws.
S-1
333
-
135426
June 29,
2006
3.05
4.01
Form of Registrant’s common stock certificate.
S
-
1
333-
135426
June 29,
2006
4.01
4.02
Fifth Amended and Restated Investors’ Rights Agreement, dated as of November 11, 2005, by
and among the Registrant and certain investors of Registrant.
S
-
1
333-
135426
June 29,
2006
4.02
10.01
Form of Indemnity Agreement.
S-1
333
-
135426
June 29,
2006
10.01
10.02
1999 Stock Plan and forms of stock option agreement and a stock option exercise agreement.*
S-1
333-
135426
June 29,
2006
10.02
10.03
2006 Equity Incentive Plan and forms of stock option agreement, stock option exercise
agreement, restricted stock agreement, restricted stock unit agreement, stock appreciation right
agreement and stock bonus agreement.*
S
-
1/A
333
-
135426
June 29,
2006
10.03
10.04
Lease Agreement, as amended, dated July 5, 1999, by and between the Registrant and
Westport Joint Venture, as amended to date.
S
-
1
333-
135426
June 29,
2006
10.04
10.05
Agreement of Lease, dated as of August 1, 2005, by and between the Registrant and DCT-CA
2004 RN Portfolio L, LP, as amended to date.
S
-
1
333-
135426
June 29,
2006
10.05
10.06
Lease, dated as of March 7, 2000, by and between the Registrant and 3168 Corporate Place
Associates, LLC, as amended to date.
S-1
333
-
135426
June 29,
2006
10.06
10.07
Lease, dated as of April 6, 2000, by and between the Registrant and 3168 Corporate Place
Associates, LLC, as amended to date.
S-1
333-
135426
June 29,
2006
10.07
10.08
Offer letter dated January 5, 2005 for Jeffrey T. Housenbold.*
S
-
1
333-
135426
June 29,
2006
10.08
10.09
Offer letter dated March 25, 2005 for Douglas J. Galen.*
S
-
1
333
-
135426
June 29,
2006
10.12
10.10
Supply Agreement, dated as of September 15, 2005, by and between Registrant and Fuji Photo
Film U.S.A., Inc.**
S-1
333
-
135426
June 29,
2006
10.14
10.11
Offer letter dated January 17, 2007 for Dwayne Black.*
10-
K
001-
33031
March
20, 2007
10.15
10.12
Supply Agreement, dated as of April 20, 2007, by and between Registrant and FujiFilm U.S.A,
Inc.
10
-
Q
001-
33031
August
1, 2007
10.18
10.13
Offer letter dated May 17, 2007 for Kathryn E. Olson.*
10-
K
001
-
33031
March
10, 2008
10.19
10.14
Offer letter dated November 27, 2007 for Mark J. Rubash.*
10-
K
001
-
33031
March
10, 2008
10.20
10.15
Lease Agreement, as amended, dated as of December 22, 2006, by and between the Registrant
and 3915 Shopton Road, LLC, as amended to date.
10
-
K
001-
33031
March
10, 2008
10.22
10.16
First Amendment to Lease (Expansion), dated as of April 30, 2007, by and between the
Registrant and Westport Office Park, LLC, as amended to date.
10
-
K
001
-
33031
March
10, 2008
10.23
10.17
Transition Agreement between the Registrant and Stanford Au dated August 26, 2008.*
8-K
001
-
33031
August
27, 2008
99.1
10.18
Lease Agreement between Liberty Cotton Center LLC and the Registrant, dated August 22,
2008, as amended on October 29, 2008.
10-
Q
001-
33031
October
31, 2008
10.02
10.19
Amendment to Offer Letter dated December 26, 2008 for Mark J. Rubash.*
X
10.20
Amendment to Offer Letter dated December 23, 2008 for Dwayne Black.*
X
10.21
Amendment to Offer Letter dated December 31, 2008 for Douglas J. Galen.*
X
10.22
Amendment to Offer Letter dated December 31, 2008 for Kathryn E. Olson.*
X
10.23
Temporary Sublease, Assignment and Assumption of Lease and Consent to Assignment, dated
May 7, 2008, by and between the Registrant and MetricStream, Inc.
X
21.01
Subsidiaries of the Registrant
X
23.01
Consent of Independent Registered Public Accounting Firm.
X
24.01
Power of Attorney. (See page 107 of this Form 10
-
K)
X
31.01
Certification of Chief Executive Officer Pursuant to Securities Exchange Act Rule 13a
-
14(a).
X
31.02
Certification of Chief Financial Officer Pursuant to Securities Exchange Act Rule 13a
-
14(a).
X
32.01
Certification of Chief Executive Officer Pursuant to 18 U.S.C. Section 1350 and Securities
Exchange Act Rule 13a
-
14(b).***
X
32.02
Certification of Chief Financial Officer Pursuant to 18 U.S.C. Section 1350 and Securities
Exchange Act Rule 13a
-
14(b).***
X