EXHIBIT 99.3 SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8 AMENDMENT TO APPLICATION OR REPORT FILED PURSUANT TO SECTION 12, 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Exabyte Corporation -------------------------------------------------- (Exact name of registrant as specified in charter) AMENDMENT NO. 1 The undersigned registrant amends the following items, financial statements, exhibits or other portions of its Registration Statement on Form 8-A as set forth in the pages attached hereto: Item 1 Description of Registrant's Securities to be Registered Item 2 Exhibits Exhibit 2.2 First Amendment to Rights Agreement Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this amendment to be signed on its behalf by the undersigned, thereunto duly authorized. EXABYTE CORPORATION ------------------- (Registrant) August 23, 1995 By /s/ WILLIAM L. MARRINER --------------- ------------------------ William L. Marriner Executive Vice President Chief Financial Officer (Principal Financial Officer) Exabyte Corporation, a Delaware corporation (the "Company"), hereby amends its Registration Statement on Form 8-A, filed with the Commission on January 29, 1991, (the "Form 8-A"), by adding the paragraphs set forth under Item 1 below to the description contained in the Form 8-A and by adding Exhibit 2.2. Item 1. Description of Registrant's Securities to be Registered. ------------------------------------------------------- On August 23, 1995, the Company entered an amendment (the "Amendment") to the Rights Agreement, dated as of January 24, 1991, between the Company and First National Bank of Boston, as Rights Agent, (as so amended, the "Rights Agreement"). The Amendment lowers the threshold for triggering the rights from 20% to 15%, and eliminates the ten day window for redemption of the Rights once such threshold has been exceeded. The Amendment also provides for certain technical revisions to the Rights Agreement. The foregoing description of the Amendment is qualified in its entirety by reference to the full text of the Amendment, which is filed as Exhibit 2.3 to Registrant's Form 8-K Current Report filed with the Securities Exchange Commission on August 23, 1995, and is incorporated herein by reference. Item 2. Exhibits. -------- 2.2* First Amendment to Rights Agreement, dated as of August 23, 1995, between Exabyte Corporation and First National Bank of Boston, as Rights Agent ("Rights Agreement"), together with Amended Summary of Rights to Purchase Common Shares as Amended Through August 23, 1995 (Exhibit C to Exhibit 2.1--Rights Agreement). _______________________ * Incorporated by reference to Exhibit 2.2 to Registrant's Form 8-K Current Report, filed with the Securities Exchange Commission on August 23, 1995. INDEX TO EXHIBITS ----------------- Exhibit Page ------- ---- 2.2* First Amendment to Rights Agreement, dated as of August 23, 1995, between Exabyte Corporation and First National Bank of Boston, as Rights Agent ("Rights Agreement"), together with Amended Summary of Rights to Purchase Common Shares as Amended Through August 23, 1995 (Exhibit C to Exhibit 2.1--Rights Agreement). _______________________ * Incorporated by reference to Exhibit 2.2 to Registrant's Form 8-K Current Report, filed with the Securities Exchange Commission on August 23, 1995.