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Contract analysis / corporate-disclosure-statement-ows.docx
corporate-disclosure-statement-ows.docx
High · 1
Medium · 1
Standard · 0
I. INTRODUCTION AND BASIS FOR FILING
I. INTRODUCTION AND BASIS FOR FILING Plaintiff Optiwave Semiconductor Corp. ("OWS" or "Plaintiff") hereby submits this Corporate Disclosure Statement pursuant to Federal Rule of Civil Procedure 7.1(a). Under Rule 7.1(a), any nongovernmental corporate party to an action in a district court must file a disclosure statement that identifies any parent corporation and any publicly held corporation owning 10% or more of it
II. IDENTITY OF THE FILING PARTY
II. IDENTITY OF THE FILING PARTY The filing party is Optiwave Semiconductor Corp., a corporation duly organized and existing under the laws of the State of Delaware. OWS maintains its principal place of business at 2775 Augustine Drive, Suite 400, San Jose, California 95054. OWS is a fabless semiconductor design company specializing in silicon photonics integrated circuits for data center interconnects and telecommun
III. PARENT CORPORATION DISCLOSURE
High
⚑ Non-compete / exclusivity restraint
III. PARENT CORPORATION DISCLOSURE OWS does not have a "parent corporation" within the strict meaning of Federal Rule of Civil Procedure 7.1(a)(1), as that term is commonly understood to refer to a corporation that owns more than 50% of the stock of the party filing the disclosure. No corporation owns a majority of OWS's outstanding equity. However, in the interest of full and transparent disclosure to the Court, OWS
IV. PUBLICLY HELD CORPORATIONS OWNING 10% OR MORE OF OWS'S STOCK
IV. PUBLICLY HELD CORPORATIONS OWNING 10% OR MORE OF OWS'S STOCK No publicly held corporation owns 10% or more of the stock of Optiwave Semiconductor Corp. As set forth above, Vantage Point Capital Partners Fund IV, LP holds approximately 62% of OWS's outstanding equity. Vantage Point Fund IV is a private investment fund organized as a Delaware limited partnership and is not a publicly held corporation within the mea
V. SUPPLEMENTAL DISCLOSURE REGARDING AFFILIATES AND RELATED ENTITIES
V. SUPPLEMENTAL DISCLOSURE REGARDING AFFILIATES AND RELATED ENTITIES In addition to the disclosures set forth above, and in compliance with the spirit and purpose of Rule 7.1 and the Local Rules of the Northern District of California, OWS provides the following supplemental information regarding its affiliates and related entities: Vantage Point Capital Partners Fund IV, LP, as the holder of approximately 62% of OWS'
VI. DUTY TO SUPPLEMENT
Medium
⚑ Liability cap to check against exposure
VI. DUTY TO SUPPLEMENT OWS acknowledges its ongoing obligation under Federal Rule of Civil Procedure 7.1(b)(2) to promptly file a supplemental disclosure statement if there is any change in the information provided herein. OWS will timely update this Corporate Disclosure Statement in the event of any material change in its corporate ownership structure, including but not limited to: (a) the acquisition by any publicl