CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: HARMONIC, INC. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX X. XXXXXXX By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Name: Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement (the "Amendment") is entered into as of March 24, 2000, by and between Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "Borrower").
Appears in 2 contracts
Samples: Annual Report, Annual Report
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing -------------------- below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: HARMONIC, INC. (f/k/a Harmonic QUICKLOGIC CORPORATION SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX XXXXXXX X. XXXXXXX XXXXXX By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ XXXX ---------------------- ---------------------- Name: Xxxxx XXXXXXX X. Xxxxxxx XXXXXX Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- XXXXX XXXX ---------------------- ---------------------- Title: C.F.O. V.P., CFO Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT VP ---------------------- ---------------------- LIBOR SUPPLEMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment LIBOR Supplement to Second Amended and Restated Agreement (the "Supplement") is a supplement to the Loan and Security Agreement (the "AmendmentAgreement") is entered into dated as of March 24August 8, 20001996, by and between Silicon Valley Bank ("Bank") and Harmonic, Inc. Quicklogic Corporation (the "Borrower"), and forms a part of and is incorporated into the Agreement. Except as otherwise defined in this Supplement, capitalized terms shall have the meanings assigned in the Agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (Quicklogic Corporation)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing IndebtednessObligations, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE SVB/Portal Player CFD (Loan Modification Agreement) 3 This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: HARMONIC, INC. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX X. XXXXXXX Xxxxx-Xxxx Xxxxxxx By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Xxxxxx Xxxxxxxxxxxxxxx Name: Xxxxx X. Xxxxx-Xxxx Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Xxxxxxxxxxxxxxx Title: C.F.O. VP – Finance, CFO Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended Vice President SVB/Portal Player CFD (Loan Modification Agreement) 4 To: Silicon Valley Bank 0000 Xxxxxx Xxxxx Xxxxx Xxxxx, Xxxxxxxxxx 00000 From: PortalPlayer, Inc. 0000 Xxxxx Xxxxxxxxx, Suite 104 Santa Clara, California 95054 The undersigned authorized Officer of PortalPlayer, Inc. (“Borrower”), hereby certifies that in accordance with the terms and Restated conditions of the Loan and Security Agreement Agreement, as modified from time to time, the Borrower is in complete compliance for the period ending of all required conditions and terms except as noted below. Attached herewith are the required documents supporting the above certification. The Officer further certifies that these are prepared in accordance with Generally Accepted Accounting Principles (the "Amendment") is entered into as of March 24, 2000, by and between Silicon Valley Bank ("Bank"GAAP) and Harmonicare consistent from one period to the next except as explained in an accompanying letter or footnotes. Please indicate compliance status by circling Yes/No under “Complies” column. Financials & Comp. Cert. Monthly w/in 30 days YES/NO Quarterly Financials Quarterly w/in 45 days YES/NO Receivable agings (invoice date) Monthly w/in 15 days YES/NO Reconciliations of A/R agings, Inc. Monthly w/in 15 days YES/NO Transactions reports, G/L Payables agings Monthly w/in 15 days YES/NO Held Checks YES/NO If YES, Held Checks Register Monthly w/in 15 days YES/NO Audited Annual Financials FYE w/in 120 days YES/NO Annual Operating Budget W/in 30 days prior to FYE YES/NO Closing - December 31, 2003 1.75 to 1.0 to 1.00 January 1, 2004 – March 31, 2004 1.75 to 1.0 to 1.00 April 1, 2004 – June 30, 2004 1.25 to 1.0 to 1.00 July 1, 2004 – September 30, 2004 1.25 to 1.0 to 1.00 At all times thereafter 1.75 to 1.0 to 1.00 Complies? YES/NO Closing - December 31, 2003 $10,000,000 $ January 1, 2004 – March 31, 2004 $7,000,000 $ April 1, 2004 – June 30, 2004 $6,000,000 $ July 1, 2004 – September 30, 2004 $7,000,000 $ October 1, 2004 – December 31, 2004 $10,000,000 $ At all times thereafter to be determined by Silicon after Borrower provides Silicon with final projections for 2204-2005. Plus, SVB/Portal Player CFD (the "Borrower").Loan Modification Agreement) 5
Appears in 1 contract
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to changed by this Loan Modification Agreement, the terms of the Existing Loan Documents original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant Consent by Lender to this Loan Modification Agreement in no way shall does not waive Lender's right to strict performance of the obligation(s) as changed, nor obligate Bank Lender to make any future modifications to the Indebtednesschange in terms. Nothing in this Loan Modification Agreement shall will constitute a satisfaction of the Indebtednessobligation(s). It is the intention of Bank and Borrower Lender to retain as liable parties all makers and endorsers of Existing Loan Documentsthe original obligation(s), including accommodation parties, unless the a party is expressly released by Bank Lender in writing. No maker, Any maker or endorser, or guarantor including accommodation makers, will not be released by virtue of this Loan Modification Agreement. The terms If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this paragraph apply Agreement or otherwise will not be released by it. This waiver applies not only to this Loan Modification Agreementany initial extension, modification or release, but also to all such subsequent actions PRIOR TO SIGNING THIS AGREEMENT, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. BORROWER AGREES TO THE TERMS OF THE AGREEMENT BORROWER: PYRAMID BREWERIES INC. By: /s/ JASON REES --------------------------------- JASON REES, VICE PRESIDENT XX XXXANCE OF PYRAMID BREWERIES INC. (ILLEGIBLE DATA) DISBURSEMENT REQUEST AND AUTHORIZATION PRINCIPAL LOAN DATE MATURITY LOAN NO CALL / COLL ACCOUNT OFFICER INITIALS --------- ---------- ---------- ------------ ----------- ------- ------- -------- $2,000,000.00 05-14-2004 03-31-2006 77-100239-01 MARK References in the shaded area arx xxx Xxxxxx's use only and do not limix xxe applicability of this document to any particular loan modification agreementsor Item. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written aboveAny item above containing "***" has been omitted due to text length limitations. BORROWER: BANK: HARMONIC, PYRAMID BREWERIES INC. LENDER: FIRST MUTUAL BANK 91 SOUTH ROYAL BROUGHAM WAY BUSINESS BANKING SEATTLE, WA 98134 400 - 108TH AVE NE PO BOX 1647 XXXXXXXX, XX 00000 (f/k/000) 000-0000 XXXX XXXX. Xxxx is a Harmonic SILICON VALLEY BANK LightwavesVariable Rate Nondisclosable Revolving Line xx Xxxxxx Xxxn to a Corporation for $2,000,000.00 due on March 31, Inc.) By: /s/ XXXXX X. XXXXXXX By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Name: Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement 2006. The reference rate (the prime rate as published by "AmendmentThe Wall Street Journal", currently 7.000%) is entered into as added to the margin of March 242.000%, 2000resulting in an initial rate of 9.000. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for: [ ] Personal, by and between Silicon Valley Bank Family, or Household Purposes or Personal investment. [X] Business ("Bank") and Harmonic, Inc. (the "Borrower"Including Real Estate Investment). SPECIFIC PURPOSE. The specific purpose of this loan is: Working Capital.
Appears in 1 contract
Samples: Commercial Security Agreement (Pyramid Breweries Inc)
CONTINUING VALIDITY. Borrower (Any and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified all acts authorized pursuant to this Loan Modification AgreementResolution and performed prior to the passage of this Resolu6tion are hereby ratified and approved. This Resolution shall be continuing, the terms of the Existing Loan Documents shall remain unchanged and in full force and effecteffect and Lender may rely on it until written notice of its revocation shall have been delivered to and received by Lender at Lender's address shown above (or such addresses as Lender may designate from time to time). BankAny such notice shall not affect any of the Corporation's agreement to modifications to agreements or commitments in effect at the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to time notice is given. IN TESTIMONY WHEREOF, I have hereunto set my hand and attest that the Indebtednesssignature set opposite the name listed above is his or her genuine signature. Nothing I have read all the provisions in this Loan Modification Agreement shall constitute a satisfaction Resolution, and I personally and on behalf of the IndebtednessCorporation certify that all statements and representations made this Resolution are true and correct. It This Corporate Resolution to Borrow / Grant Collateral is Dated March 18, 2003. Exhibit 10.9 - Pg. 10 CORPORATE RESOLUTION TO BORROW / GRANT COLLETERAL Loan No: 0000050483 (Continued) Page 2 _____________________________________________________________________________ CERTIFIED TO AND ATTESTED BY: X__/S/ Bruce S. Rosenbloom______ BRUCE ROSENBLOOM, C.F.O. Exhibit 10.9 - Pg. 11 BUSINESS LOAN AGREEMENT (ASSET BASED) --------------------------------------------------------------------------------------------------- Principal Loan Date Maturity Loan No. Call/Coll Account Officer Initials $2,000,000.00 03-18-2003 07-22-2004 0000050483 0001/810 0955232160 LH4 --------------------------------------------------------------------------------------------------- References in the intention of Bank shaded area are for Lender's use only and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless do not limit the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue applicability of this Loan Modification Agreementdocument to any particular loan or item. The terms of this paragraph apply not only Any item containing "***" has been omitted due to this Loan Modification Agreementtext length limitations. --------------------------------------------------------------------------------------------------- Borrower: PETMED EXPRESS, but also to all subsequent loan modification agreementsIN. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written above. BORROWERLender: BANK: HARMONIC, INC. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX X. XXXXXXX By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Name: Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement (the "Amendment") is entered into as of March 24, 2000, by and between Silicon Valley SouthTrust Bank ("Bank"TIN: 65-0680967) and HarmonicWest Palm Beach (Metro Lxxxxxx) 1441 SW 29th Ave. One East Broward Bxxx (0xx Xxxxx) POMPANO BXXXX, Inc. XX 00000 Xx. Xxxderdale, FL 00000 (the "Borrower").000) 012-1001 ==============================================================================
Appears in 1 contract
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: HARMONICSTRATEX NETWORKS, INC. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX Xxxx X. XXXXXXX Xxxxxxx By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Name: Xxx Xxxxx ----------------------------- ------------------------------
Xxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement (the "Amendment") is entered into as of March 24, 2000, by and between Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "Borrower").Xxx Xxxxx
Appears in 1 contract
CONTINUING VALIDITY. MISCELLANEOUS PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement without losing them. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtednessany other person who signs, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to guarantees or endorses this Loan Modification Agreement, to the extent allowed by law, waive presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of this Agreement, and unless otherwise expressly stated in writing, no party who signs this Agreement, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the Existing Loan Documents remain unchanged collateral; and in full force and effecttake any other action deemed necessary by Lender without the consent of or notice to anyone. Bank's agreement All such parties also agree that Lender may modify this loan without the consent of or notice to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless anyone other than the party with whom the modification is expressly released by Bank in writingmade. No makerPRIOR TO SIGNING THIS AGREEMENT, endorserBORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, or guarantor will be released by virtue of this Loan Modification AgreementINCLUDING THE VARIABLE INTEREST RATE PROVISIONS. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written aboveBORROWER AGREES TO THE TERMS OF THE AGREEMENT AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE AGREEMENT. BORROWER: BANK: HARMONICSCIENTIFIC SOFTWARE - INTERCOMP, INC. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves., Inc.) A COLORADO CORPORATION By: /s/ COPY ------------------------------------------ RONAXX X. XXXXXXX, XXCRETARY ================================================================================ Variable Rate. Line of Credit. 3 [BANK ONE LOGO] DISBURSEMENT REQUEST AND AUTHORIZATION ------------------------------------------------------------------------------------------------------------------------ PRINCIPAL LOAN DATE MATURITY LOAN NO. CALL COLLATERAL ACCOUNT OFFICER INITIALS ------------------------------------------------------------------------------------------------------------------------ $5,000,000.00 08-15-1995 42 7979623550 410 ------------------------------------------------------------------------------------------------------------------------ References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. ------------------------------------------------------------------------------------------------------------------------ Borrower: SCIENTIFIC SOFTWARE - INTERCOMP, INC., A Lender: BANK ONE, COLORADO, N.A. COLORADO CORPORATION DOWNTOWN BOULDER BANKING CENTER 1801 XXXXXXXXXX XXXXXX, XXX 000 2696 XXXXX X. XXXXXXX ByXXXXXXXX XXXX. XXXXXX, XX 00000-0000 DENVXX, XX 00000 ======================================================================================================================== LOAN TYPE. This is a Variable Rate (1.000% over LENDER'S PRIME RATE, making an initial rate of 9.750%), Revolving Line of Credit Loan to a Corporation for $5,000,000.00 due on August 15, 1995. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Name: Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement [ ] PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES OR PERSONAL INVESTMENT. [X] BUSINESS (the "Amendment") is entered into as of March 24, 2000, by and between Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "Borrower"INCLUDING REAL ESTATE INVESTMENT).
Appears in 1 contract
Samples: Change in Terms Agreement (Scientific Software Intercomp Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtednessentering into this Modification, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification AgreementModification, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to modify the existing Indebtedness Loan Agreement pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Loan Agreement or the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification AgreementModification. The terms of this paragraph apply not only to this Loan Modification AgreementModification, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANKLENDER: HARMONICFRANKLIN OPHTHALMIC SILICON VALLEY BANK INSTRUMENTS CO., INC. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves, Inc.) /S/ /S/ By: /s/ XXXXX Mxxxxxx X. XXXXXXX Xxxxxxx By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Mxxx Xxxxxxx Name: Xxxxx Mxxxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Mxxx Xxxxxxx Title: C.F.O. President & CEO Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment Vice President The undersigned hereby each consent to the modifications to the Loan Agreement made pursuant to this Modification, hereby ratify all the provisions of the Guaranty and confirm that all provisions of that document are in full force and effect. GUARANTOR: /S/ ___________________________ MXXXXXX X. XXXXXXX Dated: August 14, 1997 GUARANTOR: /S/ ___________________________ BXXXX XXXXXXX Dated: August 14, 1997 GUARANTOR: /S/ ___________________________ JXXXX XXXXX Dated: August 14, 1997 Silicon Valley Bank 3000 Xxxxxx Xxxxx Xxxxx Xxxxx, XX 00000-0000 August 13, 1997 Mr. Bxxxx Xxxxxxx Vice President & Chief Financial Officer Franklin Ophthalmic Instruments Co., Inc. 1000 Xxxxxxxxxx Xxxxx Xxxxxxxxxx, XX 00000 RE: Second Amended Loan Modification Agreement Pursuant to your request, and Restated with regard to that certain Second Loan and Security Modification Agreement (the "Amendment") is entered into dated as of March 24August 7, 20001997 (this "Modification"), by and between Franklin Ophthalmic Instruments Co., Inc. ("Borrower") and Silicon Valley Bank ("Bank"), paragraph 2(C) and Harmonicis hereby amended to read, Inc. (the "Borrower").in its entirety, as follows:
Appears in 1 contract
Samples: Loan Modification Agreement (Franklin Ophthalmic Instruments Co Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: HARMONICCARDIAC SCIENCE, INC. SILICON VALLEY BANK By: /s/ Xxxxx X. Xxxxx By: /s/ Xxxxxx Xxxxxxxx --------------------------- ----------------------------- Name: Xxxxx X. Xxxxx Name: Xxxxxx Xxxxxxxx ------------------------- ---------------------------- Title: CFO Title: VP ----------------------- --------------------------- INNOVATIVE PHYSICIAN SERVICES, INC. By: /s/ Xxxxx X. Xxxxx ------------------------- Name: Xxxxx X. Xxxxx ------------------------- Title: CFO ------------------------ COMPLIANCE CERTIFICATE TO: SILICON VALLEY BANK Credit Department 0000 Xxxxxx Xxxxx Xxxxx Xxxxx, XX 00000 FROM: CARDIAC SCIENCE, INC. INNOVATIVE PHYSICIAN SERVICES, INC. The undersigned authorized Officer of CARDIAC SCIENCE, INC. AND INNOVATIVE PHYSICIAN SERVICES, INC. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX X. XXXXXXX By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Name: Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement (the "Amendment") is entered into as of March 24, 2000, by and between Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "Borrower"), hereby certifies that in accordance with the terms and conditions of the LOAN AND SECURITY AGREEMENT, as modified from time to time, the Borrower is in complete compliance for the period ending of all required conditions and terms except as noted below. Attached herewith are the required documents supporting the above certification. The Officer further certifies that these are prepared in accordance with Generally Accepted Accounting Principles (GAAP) and are consistent from one period to the next except as explained in an accompanying letter or footnotes. PLEASE INDICATE COMPLIANCE STATUS BY CIRCLING YES/NO UNDER "COMPLIES" COLUMN.
Appears in 1 contract
Samples: Loan Agreement (Cardiac Science Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to changed by this Loan Modification Agreement, the terms of the Existing Loan Documents original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full lull force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant Consent by Xxxxxx to this Loan Modification Agreement in no way shall does not waive Xxxxxx’s right to strict performance of the obligation(s) as changed, nor obligate Bank Lender to make any future modifications to the Indebtednesschange in terms. Nothing in this Loan Modification Agreement shall will constitute a satisfaction of the Indebtednessobligation(s). It is the intention of Bank and Borrower Lender to retain as liable parties all makers and endorsers of Existing Loan Documentsthe original obligation(s), including accommodation parties, unless the a party is expressly released by Bank Xxxxxx in writing. No makerAny maker or endorser. including accommodation makers, endorser, or guarantor will not be released by virtue of this Loan Modification Agreement. The terms If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this paragraph apply Agreement or otherwise will not be released by it. This waiver applies not only to this Loan Modification Agreementany initial extension, modification or release, but also to all such subsequent loan modification agreementsactions. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This JURY WAIVER. Xxxxxx and Xxxxxxxx hereby waive the right to any jury trial in any action, proceeding. or counterclaim brought by either Xxxxxx or Borrower against the other. PRIOR TO SIGNING THlS AGREEMENT. XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THlS AGREEMENT. XXXXXXXX AGREES TO THE TERMS OF THE AGREEMENT. CHANGE IN TERMS SIGNERS: SECURED INVESTMENT RESOURCES FUND, X.X. XX MILLENIUM MANAGEMENT, LLC, General Partner of Secured Investment Resources Fund, X.X. XX By: /S/ XXXX XXXXXXXX /S/ X. XXXXXX XXXXXXX Xxxx Xxxxxxxx, Designated Agent of Millenium Management, LLC X. Xxxxxx Xxxxxxx, Designated Agent of Millenium Management, LLC BANK OF THE WEST By: Xxxx Xxxxx, Loan Modification Agreement is executed as Officer of BANK OF THE WEST WE, THE UNDERSIGNED, DO HEREBY CERTIFY THAT: THE COMPANY’S EXISTENCE. The complete and correct name of the date first written aboveCompany is Millenium Management, LLC (”Company”). BORROWER: BANK: HARMONICThe Company is a limited liability company which is, INCand at all times shell be, duly organized, validly existing, and in good standing under and by virtue of the laws of the State of California. (f/k/The Company is duly authorized to transact business in the State of Missouri and all other states in which the Company is doing business, having obtained all necessary filings, governmental licenses and approvals for each state in which the Company is doing business. Specifically, the Company is, and at all times shall be, duly qualified as a Harmonic SILICON VALLEY BANK Lightwavesforeign limited liability company in all states in which the failure to so qualify would have a material adverse effect on its business or financial condition. The Company has the full power and authority to own its properties and to transact the business in which it is presently engaged or presently proposes to engage. The Company maintains an office at 000 X Xxx Xxxxxx Xxx Suite 200, Inc.) By: /s/ XXXXX X. XXXXXXX By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Name: Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment Pasadena, CA 91101. Unless the Company has designated otherwise in writing. The principal office is the office at which the Company keeps its books and records including its records concerning the Collateral. The Company will notify Lender prior to Second Amended any change in the location of The Company’s state of organization or any change in The Company’s name. The Company shall do all things necessary to preserve and Restated Loan to keep in full force and Security Agreement (effect its existence. rights and privileges, and shall comply with all regulations, rules, ordinances. statutes, orders and decrees of any governmental or quasi-governmental authority or court applicable to the "Amendment") is entered into as of March 24, 2000, by Company and between Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "Borrower")The Company’s business activities.
Appears in 1 contract
Samples: Change in Terms Agreement (Secured Investment Resources Fund Lp Ii)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: HARMONIC, iPASS INC. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX X. XXXXXXX Donald McCauley By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Heather Haxxxxxx ---------------------------------------- ---------------------------------------- Name: Xxxxx X. Xxxxxxx Donald C. McCauley Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Heather Haxxxxxx -------------------------------------- -------------------------------------- Title: C.F.O. VP AND Chief Financial Officer Title: SVP ----------------------------- ------------------------------------- ------------------------------------- [SILICON VALLEY BANK LOGO] SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: iPASS INC. LOAN OFFICER: HEATHER HAMILTON DATE: AUGUST 22, 2002 XXXXXXXXXXXXX XEE $250.00 TOTAL FEE DUE $250.00 PLEASE INDICATE THE METHOD OF PAYMENT: { } A CHECK FOR THE TOTAL AMOUNT IS ATTACHED. { } DEBIT DDA # __________________ FOR THE TOTAL AMOUNT. {X} LOAN PROCEEDS /S/ FRANK VERDECANNA 8/26/02 --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED BORROWXX (DATE) /S/ HEATHER HAMILTON 8/26/02 --------------------------------- SILICOX XXXXXX XXXX (DATE) ACCOUNT OFFICER'S SIGNATURE LOAN AND SECURITY MODIFICATION AGREEMENT This Amendment to Second Amended and Restated Loan and Security Modification Agreement (the "Amendment") is entered into as of March 24January 17 , 20002003, by and between iPASS Inc. (the "Borrower") and Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "Borrower").
Appears in 1 contract
CONTINUING VALIDITY. Borrower (Any and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified all acts authorized pursuant to this Loan Modification AgreementResolution and performed prior to the passage of this Resolution are hereby ratified and approved. This Resolution shall be continuing, the terms of the Existing Loan Documents shall remain unchanged and in full force and effecteffect and Lender may rely on it until written notice of its revocation shall have been delivered to and received by Lender at Lender's address shown above (or such addresses as Lender may designate from time to time). Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way Any such notice shall obligate Bank to make not affect any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessCorporation's agreements or commitments in effect at the time notice is given. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan DocumentsIN TESTIMONY WHEREOF, unless the party is expressly released by Bank in writingWE HAVE HEREUNTO SET OUR HAND AND ATTEST THAT THE SIGNATURES SET OPPOSITE THE NAMES LISTED ABOVE ARE THEIR GENUINE SIGNATURES. No makerWE EACH HAVE READ ALL THE PROVISIONS OF THIS RESOLUTION, endorserAND WE EACH PERSONALLY AND ON BEHALF OF THE CORPORATION CERTIFY THAT ALL STATEMENTS AND REPRESENTATIONS MADE IN THIS RESOLUTION ARE TRUE AND CORRECT. THIS CORPORATE RESOLUTION TO BORROW / GRANT COLLATERAL IS DATED JULY 2, or guarantor will be released by virtue of this Loan Modification Agreement2003. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written above. BORROWERCORPORATE RESOLUTION TO BORROW / GRANT COLLATERAL (Continued) Page 2 ================================================================================ CERTIFIED TO AND ATTESTED BY: BANK: HARMONIC, INC. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX X. XXXXXXX By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Name: Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement (the "Amendment") is entered into as Mark E. Vaughan ---------------------------------------------------- Mark E. Vaughan, President of March 24, 2000, by and between Silicon Valley Bank ("Bank") and HarmonicVaughan Foods, Inc. (the "Borrower").Xx: /x/ Xxxxxx G. Vaughan ---------------------------------------------------- Andrea G. Vaughan, Secretary of Vaughan Foods, Inc.
Appears in 1 contract
CONTINUING VALIDITY. MISCELLANEOUS PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement without losing them. Borrower (and each guarantor any other person who signs, guarantees or endorses this Agreement, to the extent allowed by law, waive presentment, demand for payment, protest and pledgor signing below) understands and agrees that notice of dishonor. Upon any change in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warrantiesterms of this Agreement, and agreementsunless otherwise expressly stated in writing, no party who signs this Agreement, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. PRIOR TO SIGNING THIS AGREEMENT, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE AGREEMENT AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE AGREEMENT. BORROWER: SCIENTIFIC SOFTWARE - INTERCOMP, INC., A COLORADO CORPORATION BY: ------------------------------ RONAXX X. XXXXXXX, XXCRETARY ================================================================================ Variable Rate. Line of Credit. 14 EXHIBIT "B" ANNEX A LOAN AUTHORIZATION AGREEMENT THIS LOAN AUTHORIZATION AGREEMENT (this "Agreement") is made and entered into by and between the institution identified as the Lender on the signature page hereof (the "Lender") and the Export-Import Bank of the United States ("Eximbank"). This Agreement sets forth the specific terms and conditions of the Loan known as Guaranteed Loan No. AP068039XA which is guaranteed by Eximbank pursuant to the Master Guarantee Agreement no. CO-MGA-001 dated SEPTEMBER 21, 1995 between Eximbank and the Lender. The capitalized terms used herein shall have the meanings set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Master Guarantee Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: HARMONIC, INC. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX X. XXXXXXX By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Name: Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement (the "Amendment") is entered into as of March 24, 2000, by and between Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "Borrower").
Appears in 1 contract
CONTINUING VALIDITY. Borrower (Any and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified all acts authorized pursuant to this Loan Modification AgreementResolution and performed prior to the passage of this Resolution are hereby ratified and approved. This Resolution shall be continuing, the terms of the Existing Loan Documents shall remain unchanged and in full force and effecteffect and Lender may rely on it until written notice of its revocation shall have been delivered to Lender and receipt acknowledged by Lxxxxx in writing at Lxxxxx's address shown above (or such addresses as Lender may designate from time to time). Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way Any such notice shall obligate Bank to make not affect any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessCorporation's agreements or commitments in effect at the time notice is given. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan DocumentsIN TESTIMONY WHEREOF, unless the party is expressly released by Bank in writingI HAVE HEREUNTO SET MY HAND AND ATTEST THAT THE SIGNATURE SET OPPOSITE THE NAME LISTED ABOVE IS HIS OR HER GENUINE SIGNATURE. No makerI HAVE READ ALL THE PROVISIONS OF THIS RESOLUTION, endorserAND I PERSONALLY AND ON BEHALF OF THE CORPORATION CERTIFY THAT ALL STATEMENTS AND REPRESENTATIONS MADE IN THIS RESOLUTION ARE TRUE AND CORRECT. THIS CORPORATE RESOLUTION TO BORROW / GRANT COLLATERAL IS DATED AUGUST 24, or guarantor will be released by virtue of this Loan Modification Agreement2006. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreementsTHIS RESOLUTION IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS RESOLUTION IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written above. BORROWERCERTIFIED TO AND ATTESTED BY: BANK: HARMONIC/s/ Illegible (Seal) ---------------------------------- SECRETARY OF FIRSTONE COMMUNICATIONS, INC. (f/k/a Harmonic SILICON VALLEY BANK LightwavesNOTE: If the officer signing this Resolution is designated by the foregoing document as one of the officers authorized to act on the Corporation's behalf, Inc.) By: /s/ XXXXX X. XXXXXXX By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Name: Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND it is advisable to have this Resolution signed by at least one non-authorized officer of the Corporation. AMENDED AND RESTATED LOAN AND SECURITY REIMBURSEMENT AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement (the "Amendment") is entered into AMENDED AND RESTATED REIMBURSEMENT AGREEMENT dated as of March 24____, 20002006, is made by and between Silicon Valley Bank ("Bank") and HarmonicFIRESTONE COMMUNICATIONS, Inc. INC., a Delaware corporation (the "Borrower")., and 12K, LLC, a Florida limited liability company and its successors and assigns (the "LOC Provider")
Appears in 1 contract
Samples: Promissory Note (Juniper Partners Acquisition Corp.)
CONTINUING VALIDITY. Each Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon each Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Business Financing Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan Business Financing Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Business Financing Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower Borrowers to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Business Financing Modification Agreement. 4 The terms of this paragraph apply not only to this Loan Business Financing Modification Agreement, but also to all any subsequent loan Business Financing modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT 8. NOTICE OF FINAL AGREEMENT. BY SIGNING THIS DOCUMENT EACH PARTY REPRESENTS AND AGREES THAT: (A) THIS WRITTEN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES, (B) THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES, AND (C) THIS WRITTEN AGREEMENT MAY NOT BE CONTRADICTED BY EVIDENCE OF ANY PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OR UNDERSTANDINGS OF THE PARTIES. [REMAINDER OF THIS PAGE This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: HARMONIC, INC. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX X. XXXXXXX By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Name: Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement (the "Amendment") is entered into as of March 24, 2000, by and between Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "Borrower")INTENTIONALLY LEFT BLANK] 5 9.
Appears in 1 contract
CONTINUING VALIDITY. MISCELLANEOUS PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement without losing them. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtednessany other person who signs, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to guarantees or endorses this Loan Modification Agreement, to the extent allowed by law, waive presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of this Agreement, and unless otherwise expressly stated in writing, no party who signs this Agreement, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the Existing Loan Documents remain unchanged collateral; and in full force and effecttake any other action deemed necessary by Lender without the consent of or notice to anyone. Bank's agreement All such parties also agree that Lender may modify this loan without the consent of or notice to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless anyone other than the party with whom the modification is expressly released by Bank in writingmade. No makerPRIOR TO SIGNING THIS AGREEMENT, endorserBORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, or guarantor will be released by virtue of this Loan Modification AgreementINCLUDING THE VARIABLE INTEREST RATE PROVISIONS. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written aboveBORROWER AGREES TO THE TERMS OF THE AGREEMENT AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE AGREEMENT. BORROWER: BANK: HARMONICSCIENTIFIC SOFTWARE - INTERCOMP, INC., A COLORADO CORPORATION BY: COPY -------------------------------- RONAXX X. XXXXXXX, XXCRETARY ================================================================================ Variable Rate. Line of Credit 6 [BANK ONE LOGO] DISBURSEMENT REQUEST AND AUTHORIZATION ------------------------------------------------------------------------------------------------------------------------ PRINCIPAL LOAN DATE MATURITY LOAN NO. CALL COLLATERAL ACCOUNT OFFICER INITIALS ------------------------------------------------------------------------------------------------------------------------ $1,500,000.00 08-15-1995 26 7979623550 410 ------------------------------------------------------------------------------------------------------------------------ References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. ------------------------------------------------------------------------------------------------------------------------ Borrower: SCIENTIFIC SOFTWARE - INTERCOMP, INC., Lender: BANK ONE, COLORADO, N.A. A COLORADO CORPORATION DOWNTOWN BOULDER BANKING CENTER 1801 XXXXXXXXXX XXXXXX, XXX 000 2696 XXXXX XXXXXXXX XXXX. XXXXXX, XX 00000-0000 DENVXX, XX 00000 ======================================================================================================================== LOAN TYPE. This is a Variable Rate (f/k/2.500% over LENDER'S PRIME RATE, making an initial rate of 11.250%), Revolving Line of Credit Loan to a Harmonic SILICON VALLEY BANK Lightwavescorporation for $1,500,000.00 due on August 15, Inc.) By1995. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for: /s/ XXXXX X. XXXXXXX By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Name: Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement [ ] PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES OR PERSONAL INVESTMENT. [X] BUSINESS (the "Amendment") is entered into as of March 24, 2000, by and between Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "Borrower"INCLUDING REAL ESTATE INVESTMENT).
Appears in 1 contract
Samples: Change in Terms Agreement (Scientific Software Intercomp Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing ------------------- below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph Paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANKLENDER: HARMONICAURUM SOFTWARE, INC. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX Xxxxx X. XXXXXXX Xxxx By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Xxxxxxx Xxxxxx --------------------------- ---------------------------------- Name: Xxxxx X. Xxxxxxx Xxxx Name: Xxxxx Xxxxxxx Xxxxxx ------------------------------ ---------------------------------- ------------------------- -------------------------------- Title: C.F.O. CFO Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement (the "Amendment") is entered into as Vice President ------------------------ ------------------------------- COMPLIANCE CERTIFICATE To: SILICON VALLEY BANK From: AURUM SOFTWARE, INC. Credit Department 0000 Xxxxxx Xxxxx Xxxxx Xxxxx, XX 00000 The undersigned authorized Officer of March 24, 2000, by and between Silicon Valley Bank ("Bank") and HarmonicAurum Software, Inc. (the "Borrower"), hereby certifies that in accordance with the terms and conditions of the Business Loan Agreement, as modified from time to time, the Borrower is in complete compliance for the period ending _____________________ of all required conditions and terms except as noted below. Attached herewith are the required documents supporting the above certification. The Officer further certifies that these are prepared in accordance with Generally Accepted Accounting Principles (GAAP) and are consistent from one period to the next except as explained in an accompanying letter or footnotes. Please indicate compliance status by circling Yes/No under "Complies" column.
Appears in 1 contract
CONTINUING VALIDITY. Borrower (Any and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified all acts authorized pursuant to this Loan Modification AgreementResolution and performed prior to the passage of this Resolution are hereby ratified and approved. This Resolution shall be continuing, the terms of the Existing Loan Documents shall remain unchanged and in full force and effecteffect and Lender may rely on it until written notice of its revocation shall have been delivered to and received by Lender at Lender's address shown above (or such addresses as Lender may designate from time to time). Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way Any such notice shall obligate Bank to make not affect any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessCorporation's agreements or commitments in effect at the time notice is given. IN TESTIMONY WHEREOF, I have hereunto set my hand and attest that the signature set opposite the name listed above is his or her genuine signature. I HAVE READ ALL THE PROVISIONS OF THIS RESOLUTION, AND ON BEHALF OF THE CORPORATION CERTIFY THAT ALL STATEMENTS AND REPRESENTATIONS MADE IN THIS RESOLUTION ARE TRUE AND CORRECT. THIS CORPORATE RESOLUTION TO BORROW / GRANT COLLATERAL/SUBORDINATE DEBT IS DATED NOVEMBER 4, 2005. CERTIFIED TO AND ATTESTED BY: X /s/ JASON REES -------------------------------------- JASON REES, VICE PRESIDENT OF FINANCE XX XXXXXXX BREWERIES INC. NOTE: If the officer signing this Resolution is designated by the foregoing document as one of the officers authorized to act on the Corporation's behalf. It is advisable to have this Resolution signed by all least one non-authorized officer of the intention of Bank Corporation. (ILLEGIBLE DATA) CHANGE IN TERMS AGREEMENT PRINCIPAL LOAN DATE MATURITY LOAN NO CALL / COLL ACCOUNT OFFICER INITIALS ------------- ---------- ---------- ------------ ----------- ------- ------- -------- $2,000,000.00 05-14-2004 03-31-2006 77-100239-01 MARK References in the shaded area arx xxx Xxxxxx's use only and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue do not limix xxe applicability of this Loan Modification Agreementdocument to any particular loan or Item. The terms of this paragraph apply not only Any Item above containing "***" has been omitted due to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written abovetext length limitations. BORROWER: BANK: HARMONIC, PYRAMID BREWERIES INC. LENDER: FIRST MUTUAL BANK 91 SOUTH ROYAL BROUGHAM WAY BUSINESS BANKING SEATTLE, WA 98134 400- 108TH AVE NE PO BOX 1647 XXXXXXXX, XX 00000 (f/k/000) 000-0000 PRINCIPAL AMXXXX: $0,000,000.00 INITIAL RATE: 9.000% DATE OF AGREEMENT: NOVEMBER 14, 2005 DESCRIPTION OF EXISTING INDEBTEDNESS. A Promissory Note dated May 14, 2004 in the original principal amount of $2,000,000.00, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the note or credit agreement. The promissory note evidences a Harmonic SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX X. XXXXXXX By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Name: Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement (the "Amendment") is entered into as revolving line of March 24, 2000, by and between Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "Borrower")credit.
Appears in 1 contract
Samples: Commercial Security Agreement (Pyramid Breweries Inc)
CONTINUING VALIDITY. Borrower (Any and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified all acts authorized pursuant to this Loan Modification AgreementResolution and performed prior to the passage of this Resolution are hereby ratified and approved. This Resolution shall be continuing, the terms of the Existing Loan Documents shall remain unchanged and in full force and effectaffect and Lender may rely on it until written notice of its revocation shall have been delivered to and received by Lender at Lender's address shown above (or such addresses as Lender may designate from time to time). BankAny such notice shall not affect any of the Corporation's agreement to modifications to agreements or commitments in effect at the existing Indebtedness pursuant to time notice is given. IN TESTIMONY WHEREOF, I have hereunto set my hand. I have read all the provisions of this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to Resolution, and I personally and on behalf of the Indebtedness. Nothing Corporation certify that all statements and representations made in this Loan Modification Agreement shall constitute a satisfaction Resolution are true and correct. This Corporate Resolution is dated October 16, 1998. CERTIFIED TO AND ATTESTED BY: By John X. Xxxxxxx ------------------------------- John X. Xxxxxxx, Xxcretary By: ------------------------------- Authorized Signer NOTE: If the officers signing this Resolution are designated by the foregoing document as one of the Indebtednessofficers authorized to act on the Corporation's behalf, it is advisable to have this Resolution signed by at least one non-authorized officer of the Corporation. It is 63 DISBURSEMENT REQUEST AND AUTHORIZATION PRINCIPAL LOAN DATE MATURITY LOAN NO CALL COLLATERAL ACCOUNT OFFICER INITIALS $640,895.40 02-07-2000 10-01-2001 0002 04A0 210 894071 282475 References in the intention of Bank shaded area are for Lender's use only and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless do not limit the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue applicability of this Loan Modification Agreementdocument to any particular loan or item. The terms of this paragraph apply not only Any item above containing "***" has been omitted due to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written abovetext length limitations. BORROWER: BANKLARGE SCALE BIOLOGY CORPORATION FORMERLY KNOWN AS LENDER: HARMONICBANK OF THE WEST BIOSOURCE TECHNOLOGIES, INC. NORTH VALLEY BUSINESS BANKING 3333 XXXX XXXXXX XXXXXXX, SUITE #1000 1651 XXXXXXXX XXXX XXXXXXXXX, XX 00000-0000 SACRXXXXXX, XX 00000 (f/k/800) 000-0000 LOAN TYPE. This is a Harmonic SILICON VALLEY BANK LightwavesVariable Rate Nondisclosable Loan to a Corporation for $640,895.40 due on October 1, Inc.2001. The reference rate (Bank of the West Prime Rate, currently 8.750%) By: /s/ XXXXX X. XXXXXXX By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Name: Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement resulting in an initial rate of 8.750. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for (the "Amendment") is entered into as of March 24please initial): [ ] Personal, 2000Family, by and between Silicon Valley Bank or Household Purposes or Personal Investment. [X] Business ("Bank") and Harmonic, Inc. (the "Borrower"Including Real Estate Investment).
Appears in 1 contract
CONTINUING VALIDITY. Borrower (Any and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified all acts authorized pursuant to this Loan Modification AgreementResolution and performed prior to the passage of this Resolution are hereby ratified and approved. This Resolution shall be continuing, the terms of the Existing Loan Documents shall remain unchanged and in full force and effecteffect and Lender may rely on it until written notice of its revocation shall have been delivered to and received by Lender at Lender's address shown above (or such addresses as Lender may designate from time to time). BankAny such notice shall not affect any of the Corporation's agreement agreements or commitments in effect at the time notice is given. IN TESTIMONY WHEREOF, We have hereunto set our hand. The undersigned has read all the provisions of this Resolution, and on behalf of the Corporation certifies that all statements and representations made in this Resolution are true and correct. This Corporate Resolution to modifications Guarantee is dated October 17, 2001. CERTIFIED TO AND ATTESTED BY: By: Authorized Signer for Xxxxxx Mill & Logging Supply Co. PARTNERSHIP AUTHORIZATION -------------------------------------------------------------------------------- Principal Loan Date Maturity Loan No Call / Coll Account Officer Initials $1,750,000.00 10-17-2001 11-01-2003 26 599 / 990 610 -------------------------------------------------------------------------------- applicability of this document to any particular loan or item. Any item above containing "***" has been omitted due to text length limitations. -------------------------------------------------------------------------------- Partnership: Lender: MacTarnahan Limited Partnership Washington Mutual Bank dba Western Bank 00000 XX Xxxxxxxxx Xxxxxx Xxxxxxxxx Business Banking Center Xxxxxxxx, XX 00000 00000 XX Xxxxxx Xxxxxx, Xxxxx 000 Xxxxxxxxx, XX 00000 ================================================================================ IN CONSIDERATION OF the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to or proposed lending or banking relationship between MacTarnahan Limited Partnership ("the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: HARMONIC, INC. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX X. XXXXXXX By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Name: Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement (the "AmendmentPartnership") is entered into as of March 24, 2000, by and between Silicon Valley Washington Mutual Bank dba Western Bank ("Bank") and Harmonic, Inc. (the "BorrowerLender")., the persons signing below jointly and severally and on behalf of the Partnership represent and certify to Lender that:
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CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: HARMONIC, INC. (f/k/a Harmonic SALESLOGIX CORPORATION SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX Gary X. XXXXXXX Xxxxx By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Amy Xxx Xxxxx --------------------- ------------------------- Name: Gary X. Xxxxx X. Xxxxxxx Name: Amy Xxx Xxxxx Xxxxxx ------------------------------ ---------------------------------- --------------------- ------------------------- Title: C.F.O. CFO Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement (the "Amendment") is entered into as of March 24, 2000, by and between Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "Borrower").Assistant Vice President --------------------- -------------------------
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CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to changed by this Loan Modification Agreement, the terms of the Existing Loan Documents original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant Consent by Xxxxxx to this Loan Modification Agreement in no way shall does not waive Xxxxxx’s right to strict performance of the obligation(s) as changed, nor obligate Bank Lender to make any future modifications to the Indebtednesschanges in terms. Nothing in this Loan Modification Agreement shall agreement will constitute a satisfaction of the Indebtednessobligation(s). It is the intention of Bank and Borrower the Lender to retain as liable parties all makers and endorsers of Existing Loan Documentsthe original obligation(s), including accommodation parties, unless the party is expressly released by Bank Xxxxxx in writing. No maker, Any maker or endorser, or guarantor including accommodation makers, will not be released by virtue of this Loan Modification Agreement. The terms If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this paragraph apply Agreement or otherwise will not be released by it. This waiver applies not only to this Loan Modification Agreementany initial extension, modification or release, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written aboveactions. BORROWER: BANK: HARMONIC, INC. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves, Inc.) M-TRON INDUSTRIES By: /s/ XXXXX X. XXXXXXX Xxxxxx Xxxxxx, CFO 06/26/09 Authorized Signer for M-Tron Industries PIEZO TECHNOLOGY By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ NameXxxxxx Xxxxxx, CFO 06/26/09 Authorized Signer for Piezo Technology, Inc LENDER: Xxxxx X. FIRST NATIONAL BANK OF OMAHA x /s/ Xxxxxx Xxxxxxx____________ Xxxxxx X Xxxxxxx, Second Vice President Principal $5,500,000.00 Loan Date 06-30-2009 Maturity 07-31-2009 Loan No. 0000000 Call/Coll Account Officer *** Initials Borrower: M-Tron Industries Lender: First National Bank of Omaha Piezo Technology Inc 114th & Dodge 000 Xxxxxxx NameXxxxxx 11404 W Dodge Rd Yankton, SD 57078 Omaha, NE 68154 LOAN TYPE. This is a Variable Rate Nondisclosable Revolving Line of Credit Loan to two Corporations for $5,500,000.00 due on July 31, 2009. This is a secured renewal loan. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement ¨ Personal, Family, or Household Purposes or Personal Investment. x Business (the "Amendment") is entered into as of March 24, 2000, by and between Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "Borrower"Including Real Estate Investment).
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CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, Agreement but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANKSILICON: HARMONIC, INC. (f/k/a Harmonic DIGIRAD CORPORATION SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX X. XXXXXXX Xxxxx Xxxxxxxx By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Xxxxx X. Xx Xxxxx ---------------------------- --------------------------------- Name: Xxxxx Xxxxxxxx Name: Xxxxx X. Xxxxxxx Name: Xx Xxxxx Xxxxxx ------------------------------ ---------------------------------- ---------------------------- --------------------------------- Title: C.F.O. CFO Title: SVP ----------------------------- Senior Vice President ---------------------------- --------------------------------- 44 SILICON VALLEY BANK AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement (the "Amendment") BORROWER: DIGIRAD CORPORATION DATED: DATE: JULY 31, 2001 THIS AMENDMENT TO LOAN DOCUMENTS is entered into as of March 24, 2000, by and between Silicon Valley Bank SILICON VALLEY BANK ("BankSilicon") and Harmonic, Inc. the borrower named above (the "Borrower")., with reference to the various loan and security agreements and other documents, instruments and agreements between them, including but not limited to that certain Loan and Security Agreement dated April 1, 2000 (as amended, if at all, the "Existing Loan Agreement"; the Existing Loan Agreement and all related documents, instruments and agreements may be referred to collectively herein as the "Existing Loan Documents"). The Parties agree to amend the Existing Loan Documents, as follows:
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CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing ------------------- below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: HARMONICPLACEWARE, INC. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX X. XXXXXXX By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ __________________________________ ________________________________ Name: Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- ________________________________ ______________________________ Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED _______________________________ _____________________________ LOAN AND SECURITY MODIFICATION AGREEMENT This Amendment to Second Amended and Restated Loan and Security Modification Agreement (the "Amendment") is entered into as of March January 24, 2000, by and between Placeware, Inc. ("Borrower") and Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "Borrower").
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CONTINUING VALIDITY. MISCELLANEOUS PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement without losing them. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtednessany other person who signs, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to guarantees or endorses this Loan Modification Agreement, to the extent allowed by law, waive presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of this Agreement, and unless otherwise expressly stated in writing, no party who signs this Agreement, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the Existing Loan Documents remain unchanged collateral; and in full force and effecttake any other action deemed necessary by Lender without the consent of or notice to anyone. Bank's agreement All such parties also agree that Lender may modify this loan without the consent of or notice to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless anyone other than the party with whom the modification is expressly released by Bank in writingmade. No makerPRIOR TO SIGNING THIS AGREEMENT, endorserBORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, or guarantor will be released by virtue of this Loan Modification AgreementINCLUDING THE VARIABLE INTEREST RATE PROVISIONS. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written aboveBORROWER AGREES TO THE TERMS OF THE AGREEMENT AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE AGREEMENT. BORROWER: BANK: HARMONICSCIENTIFIC SOFTWARE - INTERCOMP, INC. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves., Inc.) ByA COLORADO CORPORATION BY: /s/ XXXXX RONAXX X. XXXXXXX By---------------------------- RONAXX X. XXXXXXX, XXCRETARY ================================================================================ Variable Rate. Line of Credit. 3 [BANK ONE LOGO] DISBURSEMENT REQUEST AND AUTHORIZATION ------------------------------------------------------------------------------------------------------------------------ PRINCIPAL LOAN DATE MATURITY LOAN NO. CALL COLLATERAL ACCOUNT OFFICER INITIALS ------------------------------------------------------------------------------------------------------------------------ $4,500,000.00 09-30-1995 42 7979623550 410 ------------------------------------------------------------------------------------------------------------------------ References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. ------------------------------------------------------------------------------------------------------------------------ BORROWER: /s/ SCIENTIFIC SOFTWARE - INTERCOMP, INC., A LENDER: BANK ONE, COLORADO, N.A. COLORADO CORPORATION DOWNTOWN BOULDER BANKING CENTER 1801 XXXXXXXXXX XX., XXX 000 2696 XXXXX XXXXXX -------------------------------- ------------------------------------ NameXXXXXXXX XXXX. XXXXXX, XX 00000-0000 DENVXX, XX 00000 ======================================================================================================================== LOAN TYPE. This is a Variable Rate (1.500% over LENDER'S PRIME RATE, making an initial rate of 10.250%), Revolving Line of Credit Loan to a Corporation for $4,500,000.00 due on September 30, 1995. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for: Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement [ ] PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES OR PERSONAL INVESTMENT. [X] BUSINESS (the "Amendment") is entered into as of March 24, 2000, by and between Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "Borrower"INCLUDING REAL ESTATE INVESTMENT).
Appears in 1 contract
Samples: Change in Terms Agreement (Scientific Software Intercomp Inc)
CONTINUING VALIDITY. Borrower Any and all acts authorized pursuant to this Resolution and performed prior to the passage of this Resolution are hereby ratified and approved. This Resolution shall be continuing, shall remain in full force and effect and Lender may rely on it until written notice of its revocation shall have been delivered to and received by Lender at Lender's address shown above (or such addresses as Lender may designate from time to time). Any such notice shall not affect any of the Corporation's agreements or commitments in effect at the time notice is given. IN TESTIMONY WHEREOF, I have hereunto set my hand and each guarantor and pledgor signing below) understands and agrees attest that in modifying the existing Indebtedness, Bank signature set opposite the name listed above is relying upon Borrower's representations, warrantieshis or her genuine signature. I have read all the provisions of this Resolution, and agreementsI personally and on behalf of the Corporation certify that all statements and representations made in this Resolution are true and correct. This Corporate Resolution to Borrow / Grant Collateral is dated March 12, 2008. ================================================================================ CERTIFIED TO AND ATTESTED BY: X /s/ Robert Mohr ------------------------------------- ROBERT MOHR, CAO of BEACON ENTERPRISE SOLUTIONS GROUP, INC. NOTE: If the officer signing this Resolution is designated by the foregoing document as one of the officers authorized to act on the Corporation's behalf, it is advisable to have this Resolution signed by at least one non-authorized officer of the Corporation. ================================================================================ AGREEMENT TO PROVIDE INSURANCE ---------------------------------------------------------------------------------------------- Principal Loan Date Maturity Loan No. Call/Coll Account Officer Initials ---------------------------------------------------------------------------------------------- $600,000.00 03-12-2008 03-05-2013 CL 100126035 410 MS1 ---------------------------------------------------------------------------------------------- References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "***" has been omitted due to text length limitations ---------------------------------------------------------------------------------------------- Borrower: BEACON ENTERPRISE SOLUTIONS GROUP, INC. Lender: INTEGRA BANK NATIONAL ASSOCIATION 124 NORTH FIRST STREET 127-SE IN/NORTH KX XXXXXXXXXX XXXXXXXXXX, XX 00000 7155 HOUSTON RD XXXXXXXX, XX 00000 ============================================================================================== INSURANCE REQUIREMENTS. Grantor, BEACON ENTERPRISE SOLUTIONS GROUP, INC. ("Grantor"), understands that insurance coverage is required in connection with the extending of a loan or the providing of other financial accommodations to Grantor by Lender. These requirements are set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, security documents for the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreementloan. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of following minimum insurance coverages must be provided on the date first written above. BORROWER: BANK: HARMONIC, INC. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX X. XXXXXXX By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Name: Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement following described collateral (the "AmendmentCollateral") is entered into as of March 24, 2000, by and between Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "Borrower").):
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CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: HARMONIC, INC. (f/k/a Harmonic BANK CORILLIAN CORPORATION SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX X. XXXXXXX By: /s/ XXXXX XXXXXX -------------------------------- --------------------------------- ------------------------------------ Name: Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ------------------------------- ---------------------------------- Title: C.F.O. Title: SVP ----------------------------- ------------------------------ --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED [LOGO] SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement (the "Amendment") is entered into as of March 24CHARGES BORROWER: CORILLIAN CORPORATION LOAN OFFICER: XXX XXXXXXX DATE: DECEMBER 26, 2000, by and between Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "Borrower").2000 DOCUMENTATION FEE 250.00 TOTAL FEE DUE $250.00 ======= PLEASE INDICATE THE METHOD OF PAYMENT:
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CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to changed by this Loan Modification Agreement, the terms of the Existing Loan Documents original obligation or obligations, including all agreements evidenced or securing the obligation(s) remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant Consent by Lender to this Loan Modification Agreement in no way shall does not waive Lender's right to strict performance of the obligation(s) as changed, nor obligate Bank Lender to make any future modifications to the Indebtednesschange in terms. Nothing in this Loan Modification Agreement shall will constitute a satisfaction of the Indebtednessobligation(s). It is the intention of Bank and Borrower Lender to retain as liable parties all makers and endorsers of Existing Loan Documentsthe original obligation(s) including accommodation parties, unless the a party is expressly released by Bank Lender in writing. No maker, Any maker or endorser, or guarantor including accommodation makers, will not be released by virtue of this Loan Modification Agreement. The terms If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this paragraph apply Agreement or otherwise will not be released by it. This waiver applies not only to this Loan Modification Agreementany initial extension, modification or release, but also to all such subsequent actions. ADDITIONAL PROVISIONS. NOTICE TO ALL COMMERCIAL LOAN CUSTOMERS WITH LOANS GREATER THAN $250,000.00: Effective September 5,1989, only agreements IN WRITING are enforceable in the event there are no disagreements over this loan. This includes all agreements or understandings to loan money, to grant or extend credit, or to extend, renew, or modify a loan. For further information, please refer to A.R.S. 44-101-9, or contact your loan officer. MISCELLANEOUS PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement without losing them. Borrower and any other person who signs, guarantees or endorses this Agreement, to the extent allowed by law, waive presentment, demand for payment, protest and notice of dishonor. Upon any change in terms of this Agreement, and unless otherwise expressly stated in writing, no party who signs this Agreement, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: HARMONIC, INC. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX X. XXXXXXX By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Name: Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement (the "Amendment") is entered into as of March 24, 2000, by and between Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "Borrower")made.
Appears in 1 contract
Samples: Change in Terms Agreement (Reconditioned Systems Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to changed by this Loan Modification Agreement, the terms of the Existing Loan Documents original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant Consent by Lender to this Loan Modification Agreement in no way shall does not waive Lender's right to strict performance of the obligation(s) as changed, nor obligate Bank Lender to make any future modifications to the Indebtednesschange in terms. Nothing in this Loan Modification Agreement shall will constitute a satisfaction of the Indebtednessobligation(s). It is the intention of Bank and Borrower Lender to retain as liable parties all makers and endorsers of Existing Loan Documentsthe original obligation(s), including accommodation parties unless the a party is expressly released by Bank Lender in writing. No maker, Any maker or endorser, or guarantor including accommodation makers, will not be released by virtue of this Loan Modification Agreement. The terms If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement Is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this paragraph apply Agreement or otherwise will not be released by it. This waiver applies not only to this Loan Modification Agreementany initial extension, modification or release, but also to all such subsequent loan modification agreementsactions. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written abovePRIOR TO SIGNING THIS AGREEMENT, BORROWER READ AND UNDERSTOOD ALL OF THE PROVISIONS OF THIS AGREEMENT. BORROWER AGREES TO THE TERMS OF THIS AGREEMENT. CHANGE IN TERMS SIGNERS: BORROWER: BANK: HARMONIC, INC. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX X. XXXXXXXXX XXXXX X. XXXXXXXXX, Chief Financial Officer/ Treasurer/ Secretary of UQM PROPERTIES, INC. LENDER: BANK OF THE WEST X /s/ XXXXXXX ByXXXXXXX XXXXXXX XXXXXXX, Relationship Manager Borrower: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ NameUQM PROPERTIES, INC. Lender: BANK OF THE WEST 4120 SPECIALTY PL SME BBC Northern Front Range #21193 XXXXXXXX, XX 00000 00000 Xxxxx X. Xxxxxxx NameXxxxxxxxxx Xxxxxxxx, XX 00000 Guarantor: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED UQM TECHNOLOGIES, INC. 0000 XXXXXXXXX XX XXXXXXXX, XX 00000 CONTINUING GUARANTEE OF PAYMENT AND RESTATED LOAN AND SECURITY AGREEMENT PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower’s obligations under the Note and the Related Documents. This Amendment is a guaranty of payment and performance and not of collection, 50 Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lender's remedies against anyone else obligated to Second Amended pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order, on demand, in legal tender of the United States of America, in same-day funds, without set-off or deduction or counterclaim, and Restated Loan will otherwise perform Borrower's obligations under the Note and Security Agreement (the "Amendment") is entered into as of March 24Related Documents. Under this Guaranty, 2000, by Guarantor's liability ls unlimited and between Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "Borrower")Guarantor's obligations are continuing.
Appears in 1 contract
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing ------------------- below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's Borrowers representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: HARMONICINTERWOVEN, INC. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX X. XXXXXXX By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ ------------------------- ---------------------------- Name: Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- ----------------------- -------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED ---------------------- ------------------------- LOAN AND SECURITY MODIFICATION AGREEMENT This Amendment to Second Amended and Restated Loan and Security Modification Agreement (the "Amendment") is entered into as of March 24October 26, 20001998, by and between Interwoven, Inc. ("Borrower") and Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "Borrower").
Appears in 1 contract
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor ------------------- signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's Borrowers representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's effect Lenders agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. Agreement The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANKLENDER: HARMONIC, INC. (f/k/a Harmonic QUICKLOGIC CORPORATION SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX X. XXXXXXX By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ ____________________________ ____________________________ Name: Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- __________________________ __________________________ Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED _________________________ _________________________ 2 LOAN AND SECURITY MODIFICATION AGREEMENT This Amendment to Second Amended and Restated Loan and Security Modification Agreement (the "Amendment") is entered into as of March June 24, 20001996, by and between QuickLogic Corporation ("Borrower') whose address is 0000 Xxxxxx Xxxx Xxxx, Xxxxx Xxxxx, XX 00000, and Silicon Valley Bank ("BankLender") and Harmonicwhose address is 0000 Xxxxxx Xxxxx, Inc. (the "Borrower")Xxxxx Xxxxx, XX 00000.
Appears in 1 contract
CONTINUING VALIDITY. MISCELLANEOUS PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement without losing them. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtednessany other person who signs, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to guarantees or endorses this Loan Modification Agreement, to the extent allowed by law, waive presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of this Agreement, and unless otherwise expressly stated in writing, no party who signs this Agreement, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the Existing Loan Documents remain unchanged collateral; and in full force and effecttake any other action deemed necessary by Lender without the consent of or notice to anyone. Bank's agreement All such parties also agree that Lender may modify this loan without the consent of or notice to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless anyone other than the party with whom the modification is expressly released by Bank in writingmade. No makerPRIOR TO SIGNING THIS AGREEMENT, endorserBORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, or guarantor will be released by virtue of this Loan Modification AgreementINCLUDING THE VARIABLE INTEREST RATE PROVISIONS. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written aboveBORROWER AGREES TO THE TERMS OF THE AGREEMENT AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE AGREEMENT. BORROWER: BANK: HARMONICSCIENTIFIC SOFTWARE - INTERCOMP, INC., A COLORADO CORPORATION BY: ------------------------------ RONAXX X. XXXXXXX, XXCRETARY ================================================================================ Variable Rate. Line of Credit. 3 [BANK ONE LOGO] DISBURSEMENT REQUEST AND AUTHORIZATION ------------------------------------------------------------------------------------------------------------------------ PRINCIPAL LOAN DATE MATURITY LOAN NO. CALL COLLATERAL ACCOUNT OFFICER INITIALS ------------------------------------------------------------------------------------------------------------------------ $500,000.00 03-30-1996 26 7979623550 410 ------------------------------------------------------------------------------------------------------------------------ References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. ------------------------------------------------------------------------------------------------------------------------ BORROWER: SCIENTIFIC SOFTWARE - INTERCOMP, INC., LENDER: BANK ONE, COLORADO, N.A. A COLORADO CORPORATION DOWNTOWN BOULDER BANKING CENTER 1801 XXXXXXXXXX XX. XXX 000 2696 XXXXX XXXXXXXX XXXX. XXXXXX, XX 00000-0000 DENVXX, XX 00000 ======================================================================================================================== LOAN TYPE. This is a Variable Rate (f/k/2.500% over LENDER'S PRIME RATE, making an initial rate of 11.250%), Revolving Line of Credit Loan to a Harmonic SILICON VALLEY BANK Lightwavescorporation for $500,000.00 due on March 30, Inc.) By1996. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for: /s/ XXXXX X. XXXXXXX By[ ] PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES OR PERSONAL INVESTMENT. [X] BUSINESS (INCLUDING REAL ESTATE INVESTMENT). SPECIFIC PURPOSE. The specific purpose of this loan is: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Name: Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement (the "Amendment") is entered into as of March 24, 2000, by and between Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "Borrower")FPR WORKING CAPITAL.
Appears in 1 contract
Samples: Change in Terms Agreement (Scientific Software Intercomp Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) ------------------- understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: HARMONIC, INC. (f/k/a Harmonic INVENTA CORPORATION SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX X. XXXXXXX [ILLEGIBLE]^^ By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Xxxxxxx X. Xxxxx ------------------- ------------------------ Name: Xxxxx X. Xxxxxxx [ILLEGIBLE]^^ Name: Xxx Xxxxx Xxxxxx ------------------------------ ---------------------------------- ------------------- ------------------------ Title: C.F.O. Controller Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED Vice President ------------------ ----------------------- LOAN AND SECURITY MODIFICATION AGREEMENT This Amendment to Second Amended and Restated Loan and Security Modification Agreement (the "Amendment") is entered into as of March 24June 22, 20001999, by and between Inventa Corporation ("Borrower") and Silicon Valley Bank a California-chartered bank ("Bank") and Harmonic, Inc. (the "Borrower").
Appears in 1 contract
Samples: Loan and Security Agreement (Inventa Technologies Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor Pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: HARMONICKANBAY INTERNATIONAL, INC. (fKANBAY AUSTRALIA PTY. LTD. By: /s/ Xxxxxxx Xxxxxxxx By: /s/ Xxxxxxx Xxxxxxxx ------------------------------------ ------------------------------- Name: Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx ---------------------------------- ----------------------------- Title: VP & CFO Title: VP & CFO/kDirector --------------------------------- --------------------------- KANBAY INCORPORATED MAGATEC PTY. LTD By: /s/ Xxxxxxx Xxxxxxxx By: /s/ Xxxxxxx Xxxxxxxx ------------------------------------ ------------------------------- Name: Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx ---------------------------------- ----------------------------- Title: VP & CFO/a Harmonic Director Title: VP & CFO/Director --------------------------------- --------------------------- KANBAY EUROPE LTD. KANBAY HK LTD. By: /s/ Xxxxxxx Xxxxxxxx By: /s/ Xxxxxxx Xxxxxxxx ------------------------------------ ------------------------------- Name: Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx ---------------------------------- ----------------------------- Title: VP & CFO/Director Title: VP & CFO/Director --------------------------------- --------------------------- BANK: SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX X. XXXXXXX By: /s/ XXXXX XXXXXX -------------------------------- Authorized Party ------------------------------------ Name: Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ Authorized Party ---------------------------------- Title: C.F.O. TitleAuthorized Party --------------------------------- [LOGO] SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement (the "Amendment") is entered into as of March 24KANBAY INTERNATIONAL, 2000, by and between Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "Borrower")INC. KANBAY INCORPORATED KANBAY EUROPE LTD. KANBAY AUSTRALIA PTY. LTD. KANBAY HK LTD. MEGATEC PTY. LTD.
Appears in 1 contract
Samples: Loan Modification Agreement (Kanbay International Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to changed by this Loan Modification Agreement, the terms of the Existing Loan Note and all other Related Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant Consent by Lender to this Loan Modification Agreement in no way shall does not waive Lender's right to strict performance of the obligation(s) as changed, nor obligate Bank Lender to make any future modifications to the Indebtednesschange in terms. Nothing in this Loan Modification Agreement shall will constitute a satisfaction of the Indebtednessobligation(s). It is the intention of Bank and Borrower Lender to retain as liable parties all makers and endorsers of Existing Loan Documentsthe original obligation(s), including accommodation parties, unless the a party is expressly released by Bank Lender in writing. No maker, Any maker or endorser, or guarantor including accommodation makers, will not be released by virtue of this Loan Modification thin Agreement. The terms If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this paragraph apply Agreement or otherwise will not be released by it. This waiver applies not only to this Loan Modification Agreementany initial extension, modification or release, but also to all such subsequent loan modification agreementsactions. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as Borrower agrees that there are no claims or offsets against, of defenses or counterclaims to, the payment of the date first written aboveNote. PRIOR TO SIGNING THIS AGREEMENT, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THIS AGREEMENT AND ACKNUWLEDGES RECEIPT OF A COMPLETED COPY OF THE AGREEMENT. BORROWER: BANK: HARMONIC; SCC COMMUNICATIONS CORP., INC. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves, Inc.) A DELAWARE CORPORATION By: /s/ XXXXX X. XXXXXXX By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Name----------------------------------------- ------------------------------- GEORXX XXXXXXXXX, XXESIDENT NANCX X. XXXXXXXX, XXO ACCEPTED AND AGREED: Xxxxx X. Xxxxxxx NameBank One, Colorado, NA BY: Xxxxx Xxxxxx ------------------------------ ---------------------------------- ------------------------------------------ Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement (the "Amendment") is entered into as of March 24, 2000, by and between Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "Borrower").---------------------------------------
Appears in 1 contract
Samples: Change in Terms Agreement (SCC Communications Corp)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: HARMONIC, INC. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX X. XXXXXXX Xxxxxxx Xxxxxxx By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Xxxxxx Xx Name: Xxxxx X. Xxxxxxx Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Xx Title: C.F.O. CFO Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED Relationship Manager BORROWER: INFINERA CORPORATION LOAN AND SECURITY AGREEMENT OFFICER: Xxxxxx Xx DATE: February 2, 2005 Documentation Fee $250.00 Please indicate the method of payment: { } A check for the total amount is attached. { x } Debit DDA for the total amount. { } Loan proceeds /s/ Xxxxxxx Xxxxxxx 5-9-05 Borrower (Date) /s/ Xxxxxx Xx 5/11/05 Silicon Valley Bank (Date) Account Officer’s Signature This Amendment to Second Amended and Restated Loan and Security Modification Agreement (the "Amendment"this “Loan Modification Agreement”) is entered into as of March 24June 21, 20002005, by and between Silicon Valley Bank SILICON VALLEY BANK, a California-chartered bank, with its principal place of business at 0000 Xxxxxx Xxxxx, Xxxxx Xxxxx, Xxxxxxxxxx 00000 ("“Bank"”) and HarmonicINFINERA CORPORATION, Inc. a Delaware corporation with its chief executive office located at 0000 Xxxxxxxx Xxxxx, Xxxxxxxxx, Xxxxxxxxxx 00000 (the "“Borrower"”).
Appears in 1 contract
CONTINUING VALIDITY. MISCELLANEOUS PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement without losing them. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtednessany other person who signs, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to guarantees or endorses this Loan Modification Agreement, to the extent allowed by law, waive presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of this Agreement, and unless otherwise expressly stated in writing, no party who signs this Agreement, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the Existing Loan Documents remain unchanged collateral; and in full force and effecttake any other action deemed necessary by Lender without the consent of or notice to anyone. Bank's agreement All such parties also agree that Lender may modify this loan without the consent of or notice to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless anyone other than the party with whom the modification is expressly released by Bank in writingmade. No makerPRIOR TO SIGNING THIS AGREEMENT, endorserBORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, or guarantor will be released by virtue of this Loan Modification AgreementINCLUDING THE VARIABLE INTEREST RATE PROVISIONS. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written aboveBORROWER AGREES TO THE TERMS OF THE AGREEMENT AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE AGREEMENT. BORROWER: BANK: HARMONICSCIENTIFIC SOFTWARE - INTERCOMP, INC., A COLORADO CORPORATION BY: ------------------------------ RONAXX X. XXXXXXX, XXCRETARY ================================================================================ Variable Rate. Line of Credit 6 [BANK ONE LOGO] DISBURSEMENT REQUEST AND AUTHORIZATION ------------------------------------------------------------------------------------------------------------------------ PRINCIPAL LOAN DATE MATURITY LOAN NO. CALL COLLATERAL ACCOUNT OFFICER INITIALS ------------------------------------------------------------------------------------------------------------------------ $1,500,000.00 07-15-1995 410 ------------------------------------------------------------------------------------------------------------------------ References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. ------------------------------------------------------------------------------------------------------------------------ BORROWER: SCIENTIFIC SOFTWARE - INTERCOMP, INC., LENDER: BANK ONE, COLORADO, N.A. A COLORADO CORPORATION DOWNTOWN BOULDER BANKING CENTER 1801 XXXXXXXXXX XXXXXX, XXXXX 000 2696 XXXXX XXXXXXXX XXXX. XXXXXX, XX 00000-0000 DENVXX, XX 00000 ======================================================================================================================== LOAN TYPE. This is a Variable Rate (f/k/1.500% over LENDER'S PRIME RATE, making an initial rate of 10.500%), Revolving Line of Credit Loan to a Harmonic SILICON VALLEY BANK Lightwavescorporation for $1,500,000.00 due on July 15, Inc.) By1995. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for: /s/ XXXXX X. XXXXXXX By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Name: Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement [ ] PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES OR PERSONAL INVESTMENT. [X] BUSINESS (the "Amendment") is entered into as of March 24, 2000, by and between Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "Borrower"INCLUDING REAL ESTATE INVESTMENT).
Appears in 1 contract
Samples: Change in Terms Agreement (Scientific Software Intercomp Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to changed by this Loan Modification Agreement, the terms of the Existing Loan Documents original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant Consent by Lender to this Loan Modification Agreement in no way shall does not waive Lender’s right to strict performance obligation(s) as changed, nor obligate Bank Lender to make any future modifications to the Indebtednesschange in terms. Nothing in this Loan Modification Agreement shall will constitute a satisfaction of the Indebtednessobligation(s). It is the intention of Bank and Borrower Lender to retain as liable parties all makers and endorsers of Existing Loan Documentsthe original obligation(s), including accommodation parties, unless the a party is expressly released by Bank Lender in writing. No maker, Any maker or endorser, or guarantor including accommodation makers, will not be released by virtue of this Loan Modification Agreement. The terms If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to the Lender that the non-signing party consents to the changes and provisions of this paragraph apply Agreement or otherwise will not be released by it. This waiver applies not only to this Loan Modification Agreementany initial extension, modification or release, but also to all such subsequent loan modification agreementsactions. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: HARMONIC, INC. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX X. XXXXXXX Xxxxxx Barnhill_______________________ XXXXXX XXXXXXXX, President of INNSUITES HOSPITALITY TRUST By: /s/ XXXXX Xxxxxx Barnhill_______________________ XXXXXX -------------------------------- ------------------------------------ NameXXXXXXXX, President of INNSUITES HOSPITALITY TRUST By: /s/ Xxxxxx Barnhill_______________________ XXXXXX XXXXXXXX, President of INNSUITES HOSPITALITY TRUST /s/ Xxxxx X. Xxxxxxx NameXxxxx XXXXX X. XXXXX, GUARANTOR Principal $600,000.00 Loan Date 11-23-2010 Maturity 06-23-13 Loan No 000000000 Call/Coll 56 Account Officer MH Initials Borrower: Xxxxx INNSUITES HOSPITALITY TRUST, YUMA Lender: RepublicBankAz, N.A. HOSPITALITY PROPERTIES LIMITED 000 X. Xxxxxxxx Xxxxxx ------------------------------ ---------------------------------- TitlePARTNERSHIP and RRF LIMITED PARTNERSHIP Xxxxxxx, XX 00000 0000 X. XXXXXXXX XXXXXX, XXX #000 XXXXXXX, XX 00000 LOAN TYPE. This is a Variable Rate Nondisclosable Revolving Line of Credit Loan to two Partnerships and a Corporation for $600,000.00 due on June 23, 2013. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement __ Personal, Family, or Household Purposes or Personal Investment. X Business (the "Amendment") is entered into as of March 24, 2000, by and between Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "Borrower"Including Real Estate Investment).
Appears in 1 contract
Samples: Change in Terms Agreement (Innsuites Hospitality Trust)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing ------------------- below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANKLENDER: HARMONIC, INC. (f/k/a Harmonic QUICKLOGIC CORPORATION SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX X. XXXXXXX By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ __________________________ ____________________________ Name: Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Name ________________________ ____________________________ Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED _______________________ __________________________ LOAN AND SECURITY MODIFICATION AGREEMENT This Amendment to Second Amended and Restated Loan and Security Modification Agreement (the "Amendment") is entered into as of March 24November 13, 20001996, by and between QuickLogic Corporation ("Borrower") whose address is 0000 Xxxxxx Xxxx Xxxx 000X, Xxxxx Xxxxx, XX 00000, and Silicon Valley Bank ("Bank" and sometimes referred to as "Lender") and Harmonicwhose address is 0000 Xxxxxx Xxxxx, Inc. (the "Borrower")Xxxxx Xxxxx, XX 00000.
Appears in 1 contract
Samples: Loan and Security Agreement (Quicklogic Corporation)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing IndebtednessObligations, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: HARMONIC, INC. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX Rxxx X. XXXXXXX Xxxxxxx By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ /s/Txx Xxxxx Name: Xxxxx Rxxx X. Xxxxxxx Name: Txx Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Chief Financial Officer Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED Senior Vice President BORROWER: SYNAPTICS INCORPORATED LOAN AND SECURITY AGREEMENT OFFICER: Txx Xxxxx DATE: November 20, 2003 Documentation Fee $250.00 (Waived) TOTAL FEE DUE $0.00 Please indicate the method of payment: { } A check for the total amount is attached. { } Debit DDA # for the total amount. { } Loan proceeds SYNAPTICS INCORPORATED /s/ Rxxx X. Xxxxxxx (Date) /s/Txx Xxxxx Silicon Valley Bank (Date) Account Officer’s Signature This Amendment to Second Amended and Restated Loan and Security Modification Agreement (the "Amendment") is entered into as of March 24November 28, 20002004, by and between Synaptics Incorporated (the “Borrower”) and Silicon Valley Bank ("“Bank") and Harmonic, Inc. (the "Borrower"”).
Appears in 1 contract
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to changed by this Loan Modification Agreement, the terms of the Existing Loan Documents original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant Consent by Lender to this Loan Modification Agreement in no way shall does not waive Lender's right to strict performance of the obligalion(s) as changed, nor obligate Bank Lender to make any future modifications to the Indebtednesschange in terms. Nothing in this Loan Modification Agreement shall will constitute a satisfaction of the Indebtednessobligation(s). It is the intention of Bank and Borrower Lender to retain as liable parties all makers and endorsers of Existing Loan Documentsthe original obligation(s), including accommodation parties, unless the a party is expressly released by Bank Lender in writing. No maker, Any maker or endorser, or guarantor including accommodation makers, will not be released by virtue of this Loan Modification Agreement. The terms If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this paragraph apply Agreement or otherwise will not be released by it. This waiver applies not only to this Loan Modification Agreementany initial extension, modification or release, but also to all such subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written aboveactions. BORROWER: BANK: HARMONICFRESH ENTERPRISES, INC. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX X. XXXXXXX Xxxx Xxxxxxxxxx By: /s/ XXXXX XXXXXX Xxxxxx Xxxxx -------------------------------- ------------------------------------- Xxxx Xxxxxxxxxx, President & CEO Xxxxxx Xxxxx, Senior Vice Pres. & CFO of Fresh Enterprises, Inc. of Fresh Enterprises, Inc. BAJA FRESH WESTLAKE VILLAGE, INC. DBA BAJA FRESH MEXICAN GRILL By: /s/ Xxxx Xxxxxxxxxx By: /s/ Xxxxxx Xxxxx -------------------------------- ----------------------------------- Xxxx Xxxxxxxxxx, President & CEO Xxxxxx Xxxxx, Senior Vice Pres.& CFO of Westlake Village, Inc. dba of Fresh Westlake Village, Inc.dba Baja Fresh Mexican Grill Baja Fresh Mexican Grill LENDER: WESTERN FINANCIAL BANK X /s/ Xxxxxxx Xxxxxx ------------------------------------ NameAuthorized Signer ================================================================================ [LOGO] Western Financial Bank CHANGE IN TERMS AGREEMENT ------------------------------------------------------------------------------------------------- Principal Loan Date Maturity Loan No Call/Coll Account Officer Initials $16,000,000.00 09-27-2001 09-30-2002 0099(CM) 4AO/3100 0001910 00905 ------------------------------------------------------------------------------------------------- References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "***" has been omitted due to text length limitations. ------------------------------------------------------------------------------------------------- Borrower: Fresh Enterprises, Inc. Lender: Western Financial Bank Baja Fresh Westlake Village, Commercial Banking Group Inc. dba Baja Fresh 00000 Xxxxx Xxxxxxx Mexican Grill Xxxxxx, XX 00000 000 X. Xxxxxxx NameXxxxxxxxx Xxxxx, Xxxxx 000 Xxxxxxxx Xxxx, XX 00000 ================================================================================ Principal Amount: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title$16,000,000.00 Initial Rate: C.F.O. Title6.250% Date of Agreement: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated September 27, 2001 DESCRIPTION OF EXISTING INDEBTEDNESS. Business Loan and Security Agreement (the "Amendment") is entered into as of March 24dated December 12, 2000, along with all renewals, extensions and/or modifications. DESCRIPTION OF CHANGE IN TERMS. Upon verification by Lender of a $12,000,000.00 Preferred Stock Series C equity contribution by Borrower's stockholders, the following changes to the Business Loan Agreement shall become effective: The Income paragraph, as referenced in the FINANCIAL COVENANTS AND RATIOS section of the Business Loan Agreement, is hereby amended to include (add) the following: Maintain not less than $4,000,000.00 EBITDA for the six-month fiscal period ending June 30, 2002 and between Silicon Valley Bank ("Bank") not less than $11,000,000.00 for fiscal year ending December 31, 2002. EBITDA financial covenant calculations are before store pre-opening costs and Harmonicnon-cash stock compensation expense. The covenants and ratios, Inc. (as referenced in the "Borrower")OTHER FINANCIAL COVENANTS AND RATIOS section of the Business Loan Agreement, are hereby replaced with the following, as applicable: Effective Tangible Net Worth. Maintain a minimum Effective Tangible Net Worth ratio of not less than $29,000,000.00. Effective Tangible Net Worth is defined as net worth less intangibles plus debt subordinated to Lender.
Appears in 1 contract
CONTINUING VALIDITY. MISCELLANEOUS PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement without losing them. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtednessany other person who signs, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to guarantees or endorses this Loan Modification Agreement, to the extent allowed by law, waive presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of this Agreement, and unless otherwise expressly stated in writing, no party who signs this Agreement, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the Existing Loan Documents remain unchanged collateral; and in full force and effecttake any other action deemed necessary by Lender without the consent of or notice to anyone. Bank's agreement All such parties also agree that Lender may modify this loan without the consent of or notice to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless anyone other than the party with whom the modification is expressly released by Bank in writingmade. No makerPRIOR TO SIGNING THIS AGREEMENT, endorserBORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, or guarantor will be released by virtue of this Loan Modification AgreementINCLUDING THE VARIABLE INTEREST RATE PROVISIONS. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written aboveBORROWER AGREES TO THE TERMS OF THE AGREEMENT AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE AGREEMENT. BORROWER: BANK: HARMONICSCIENTIFIC SOFTWARE - INTERCOMP, INC. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves., Inc.) ByA COLORADO CORPORATION BY: /s/ XXXXX RONAXX X. XXXXXXX By---------------------------- RONAXX X. XXXXXXX, XXCRETARY ================================================================================ Variable Rate. Line of Credit. 9 [BANK ONE LOGO] DISBURSEMENT REQUEST AND AUTHORIZATION ------------------------------------------------------------------------------------------------------------------------ PRINCIPAL LOAN DATE MATURITY LOAN NO. CALL COLLATERAL ACCOUNT OFFICER INITIALS ------------------------------------------------------------------------------------------------------------------------ $633,000.00 09-15-1995 26 7979623550 410 ------------------------------------------------------------------------------------------------------------------------ References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. ------------------------------------------------------------------------------------------------------------------------ Borrower: /s/ SCIENTIFIC SOFTWARE - INTERCOMP, INC., A LENDER: BANK ONE, COLORADO, N.A. COLORADO CORPORATION DOWNTOWN BOULDER BANKING CENTER 1801 XXXXXXXXXX XXXXXX, XXX 000 2696 XXXXX XXXXXX -------------------------------- ------------------------------------ NameXXXXXXXX XXXX. XXXXXX, XX 00000-0000 DENVXX, XX 00000 ======================================================================================================================== LOAN TYPE. This is a Variable Rate (2.500% over LENDER'S PRIME RATE, making an initial rate of 11.250%), Revolving Line of Credit Loan to a Corporation for $633,000.00 due on September 15, 1995. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for: Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement [ ] PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES OR PERSONAL INVESTMENT. [X] BUSINESS (the "Amendment") is entered into as of March 24, 2000, by and between Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "Borrower"INCLUDING REAL ESTATE INVESTMENT).
Appears in 1 contract
Samples: Change in Terms Agreement (Scientific Software Intercomp Inc)
CONTINUING VALIDITY. MISCELLANEOUS PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement without losing them. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtednessany other person who signs, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to guarantees or endorses this Loan Modification Agreement, to the extent allowed by law, waive presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of this Agreement, and unless otherwise expressly stated in writing, no party who signs this Agreement, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the Existing Loan Documents remain unchanged collateral; and in full force and effecttake any other action deemed necessary by Lender without the consent of or notice to anyone. Bank's agreement All such parties also agree that Lender may modify this loan without the consent of or notice to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless anyone other than the party with whom the modification is expressly released by Bank in writingmade. No makerPRIOR TO SIGNING THIS AGREEMENT, endorserBORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, or guarantor will be released by virtue of this Loan Modification AgreementINCLUDING THE VARIABLE INTEREST RATE PROVISIONS. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written aboveBORROWER AGREES TO THE TERMS OF THE AGREEMENT AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE AGREEMENT. BORROWER: BANK: HARMONICSCIENTIFIC SOFTWARE - INTERCOMP, INC., A COLORADO CORPORATION BY: ------------------------------ RONAXX X. XXXXXXX, XXCRETARY ================================================================================ Variable Rate. Line of Credit 3 [BANK ONE LOGO] DISBURSEMENT REQUEST AND AUTHORIZATION ------------------------------------------------------------------------------------------------------------------------ PRINCIPAL LOAN DATE MATURITY LOAN NO. CALL COLLATERAL ACCOUNT OFFICER INITIALS ------------------------------------------------------------------------------------------------------------------------ $5,000,000.00 07-15-1995 410 ------------------------------------------------------------------------------------------------------------------------ References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. ------------------------------------------------------------------------------------------------------------------------ BORROWER: SCIENTIFIC SOFTWARE - INTERCOMP, INC., LENDER: BANK ONE, COLORADO, N.A. A COLORADO CORPORATION DOWNTOWN BOULDER BANKING CENTER 1801 XXXXXXXXXX XXXXXX, XXXXX 000 2696 XXXXX XXXXXXXX XXXX. XXXXXX, XX 00000-0000 DENVXX, XX 00000 ======================================================================================================================== LOAN TYPE. This is a Variable Rate (f/k/at LENDER'S PRIME RATE, making an initial rate of 9.000%), Revolving Line of Credit Loan to a Harmonic SILICON VALLEY BANK LightwavesCorporation for $5,000,000.00 due on July 15, Inc.) By1995. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for: /s/ XXXXX X. XXXXXXX By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Name: Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement [ ] PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES OR PERSONAL INVESTMENT. [X] BUSINESS (the "Amendment") is entered into as of March 24, 2000, by and between Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "Borrower"INCLUDING REAL ESTATE INVESTMENT).
Appears in 1 contract
Samples: Change in Terms Agreement (Scientific Software Intercomp Inc)
CONTINUING VALIDITY. Borrower (Any and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified all acts authorized pursuant to this Loan Modification AgreementResolution and performed prior to the passage of this Resolution are hereby ratified and approved. This Resolution shall be continuing, the terms of the Existing Loan Documents shall remain unchanged and in full force and effecteffect and Lender may rely on it until written notice of its revocation shall have been delivered to Lender and receipt acknowledged by Lender in writing at Lender's address shown above (or such addresses as Lender may designate from time to time). BankAny such notice shall not affect any of the Corporation's agreement to modifications to agreements of commitments in effect at the existing Indebtedness pursuant to time notice is given. IN TESTIMONY WHEREOF, we have hereunto set our hand and attest that the signature set opposite the name listed above is his or her genuine signature. We each have read all the provisions of this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to Resolution, and we each personally and on behalf of the Indebtedness. Nothing Corporation certify that all statements and representations made in this Loan Modification Agreement shall constitute a satisfaction Resolution are true and correct. This Corporate Resolution is dated July 21, 2003. THIS RESOLUTION IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS RESOLUTION IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. CERTIFIED TO AND ATTESTED BY: By /s/ Laura Woodhead, Secretary (Seal) _____________________________ AUTHORIZED SIGNER FOR GENITOPE CORPORATION NOTE: If the officer signing this Resolution is designated by the foregoing document as one of the Indebtedness. It officers authorized to act on the Corporation's behalf, it is the intention of Bank and Borrower advisable to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released have this Resolution signed by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as at least one non-authorized officer of the date first written aboveCorporation. [BANK ONE LOGO] COMMERCIAL GUARANTY BORROWER: BANKGENITOPE CORPORATION LENDER: HARMONICBANK ONE, INCN.A., WITH ITS MAIN 8201 PRESTON, LB 21 OFFICE AT CHICAGO, ILLINOIS XXXXXX, XX 00000 XXXXXX XXXXXXX XXXXXX XXXXXXXX LPO 1717 MAIN STREET XXXXXX, XX 00000 XXXXXXXXX: XXXXXXXX X. XXXXXX, XX. 0000 XXXXXXX, XX 00 DAXXXX, XX 00000 XXXXXX XX XXXXXXXX. Xxx xxxxxx xx this Guaranty ix Xxxxxxxxx, XXXTINUING UNLIMITED GUARANTY. For good and valuable consideration, STANFORD C. FINNEY, JR. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX X. XXXXXXX By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Name: Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement (the "AmendmentGuarantor") is entered into as of March 24absolutely and unconditionally xxxxxxxxxx xxx xxxxxxxs to pay to Bank One, 2000N.A., by and between Silicon Valley Bank with its main office at Chicago, Illinois ("BankLender") and Harmonicor its order, Inc. In legal tender of the United States of America, the Indebtedness (the as that term is defined below) of GENITOPE CORPORATION ("Borrower")) to Lender on the terms and conditions set forth in this Guaranty. Under this Guaranty, the liability of Guarantor is unlimited and the obligations of Guarantor are continuing.
Appears in 1 contract
Samples: Omnibus Addendum to Promissory Notes (Genitope Corp)
CONTINUING VALIDITY. MISCELLANEOUS PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement without losing them. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtednessany other person who signs, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to guarantees or endorses this Loan Modification Agreement, to the extent allowed by law, waive presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of this Agreement, and unless otherwise expressly stated in writing, no party who signs this Agreement, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the Existing Loan Documents remain unchanged collateral; and in full force and effecttake any other action deemed necessary by Lender without the consent of or notice to anyone. Bank's agreement All such parties also agree that Lender may modify this loan without the consent of or notice to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless anyone other than the party with whom the modification is expressly released by Bank in writingmade. No makerPRIOR TO SIGNING THIS AGREEMENT, endorserBORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, or guarantor will be released by virtue of this Loan Modification AgreementINCLUDING THE VARIABLE INTEREST RATE PROVISIONS. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written aboveBORROWER AGREES TO THE TERMS OF THE AGREEMENT AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE AGREEMENT. BORROWER: BANK: HARMONICSCIENTIFIC SOFTWARE - INTERCOMP, INC. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves., Inc.) A COLORADO CORPORATION By: /s/ ------------------------------- RONAXX X. XXXXXXX, XXCRETARY ================================================================================ Variable Rate. Line of Credit. 20 [BANK ONE LOGO] DISBURSEMENT REQUEST AND AUTHORIZATION ------------------------------------------------------------------------------------------------------------------------ PRINCIPAL LOAN DATE MATURITY LOAN NO. CALL COLLATERAL ACCOUNT OFFICER INITIALS ------------------------------------------------------------------------------------------------------------------------ $633,000.00 11-15-1995 26 7979623550 410 ------------------------------------------------------------------------------------------------------------------------ References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. ------------------------------------------------------------------------------------------------------------------------ BORROWER: SCIENTIFIC SOFTWARE - INTERCOMP, INC., A LENDER: BANK ONE, COLORADO, N.A. COLORADO CORPORATION DOWNTOWN BOULDER BANKING CENTER 1801 XXXXXXXXXX XX. XXX 000 2696 XXXXX X. XXXXXXX ByXXXXXXXX XXXX. XXXXXX, XX 00000-0000 DENVXX, XX 00000 ======================================================================================================================== LOAN TYPE. This is a Variable Rate (2.500% over LENDER'S PRIME RATE, making an initial rate of 11.250%), Revolving Line of Credit Loan to a Corporation for $633,000.00 due on November 15, 1995. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Name: Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement [ ] PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES OR PERSONAL INVESTMENT. [X] BUSINESS (the "Amendment") is entered into as of March 24, 2000, by and between Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "Borrower"INCLUDING REAL ESTATE INVESTMENT).
Appears in 1 contract
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreementabove or in other agreements between Borrower and Bank, the terms of the Existing Agreement, the Amendment, the First Addendum, the Note Addendum, the January 2007 Note and the other Loan Documents shall remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed Dated as of the date first written above. BORROWER: BANK: HARMONICJanuary 18, INC. (f/k/2007 Hi-Shear Technology Corporation, a Harmonic SILICON VALLEY BANK Lightwaves, Inc.) Delaware corporation By: /s/ XXXXX Xxxxxx X. XXXXXXX Xxxxxx Name and Title: Xxxxxx X. Xxxxxx, President/CEO By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ NameXxxxxxx X. Xxxxx Name and Title: Xxxxxxx X. Xxxxx X. Xxxxxxx NameVP Finance/CFO U.S. Bank N.A. By: /s/ Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT Xxxxx Xxxxxx, Vice President U.S. BANK 1105510939-83 INTEREST RATE RIDER This Rider is made part of the Amendment to Second Amended Loan Agreement and Restated Loan and Security Agreement Note (the "AmendmentAMENDMENT") is entered into as of March 24dated JANUARY 18, 2000, 2007 by and between Silicon Valley Bank ("Bank") and Harmonic, Inc. the undersigned borrower (the "Borrower") in favor of U. S. BANK N. A. (the BANK") as of the date identified below. The following interest rate description is hereby added to the Amendment:
(i) upon notice to the Bank, -0.250% plus the prime rate announced by the Bank from time to time, as and when such rate changes (a "Prime Rate Loan").; (ii) upon a minimum of two New York Banking Days prior notice, 2.000%, plus the 1, 2, 3, 6 or 12 month LIBOR rate quoted by the Bank from Telerate Page 3750 or any successor thereto (which shall be the LIBOR rate in effect two New York Banking Days prior to commencement of the advance), adjusted for any reserve requirement and any subsequent costs arising from a change in government regulation (a "LIBOR Rate Loan"); or (iii) upon notice to the Bank, n/a % plus the rate, determined solely by the Bank, at which the Bank would be able to borrow funds of comparable amounts in the Money Markets for a 1, 2, 3, 6 or 12 month period, adjusted for any reserve requirement and any subsequent costs arising from a change in government regulation (a "Money Market Rate Loan"). The term "New York Banking Day" means any day (other than a Saturday or Sunday) on which commercial banks are open for business in New York, New York. The term "Money Markets" refers to one or more wholesale funding markets available to the Bank, including negotiable certificates of deposit, commercial paper, eurodollar deposits, bank notes, federal funds, interest rate swaps or others. No LIBOR Rate Loan or Money Market Rate Loan may extend beyond the maturity of this Note. In any event, if the Loan Period for a LIBOR Rate Loan or Money Market Rate Loan should happen to extend beyond the maturity of this Note, such loan must be prepaid at the time this Note matures. If a LIBOR Rate Loan or Money Market Rate Loan is prepaid prior to the end of the Loan Period for such loan, whether voluntarily or because prepayment is required due to the Note maturing or due to acceleration of this Note upon default or otherwise, the Borrower agrees to pay all of the Bank's costs, expenses and Interest Differential (as determined by the Bank) incurred as a result of such prepayment. The term "Loan Period" means the period commencing on the advance date of the applicable LIBOR Rate Loan or Money Market Rate Loan and ending on the numerically corresponding day 1, 2, 3, 6 or 12 months thereafter matching the interest rate term selected by the Borrower; provided, however, (a) if any Loan Period would otherwise end on a day which is not a New York Banking Day, then the Loan Period shall end on the next succeeding New York Banking Day unless the next succeeding New York Banking Day falls in another calendar month, in which case the Loan Period shall end on the immediately preceding New York Banking Day; or (b) if any Loan Period begins on the last New York Banking Day of a calendar month (or on a day for which there is no numerically corresponding day in the calendar month at the end of the Loan Period), then the Loan Period shall end on the last New York Banking Day of the calendar month at the end of such Loan Period. The term "Interest Differential" shall mean that sum equal to the greater of zero or the financial loss incurred by the Bank resulting from prepayment, calculated as the difference between the amount of interest the Bank would have earned (from like investments in the Money Markets as of the first day of the LIBOR Rate Loan or Money Market Rate Loan) had prepayment not occurred and the interest the Bank will actually earn (from like investments in the Money Markets as of the date of prepayment) as a result of the redeployment of funds from the prepayment. Because of the short-term nature of this facility, the Borrower agrees that the Interest Differential shall not be discounted to its present value. Any prepayment of a LIBOR Rate Loan or Money Market Rate Loan shall be in an amount equal to the remaining entire principal balance of such loan. In the event the Borrower does not timely select another interest rate option at least two New York Banking Days before the end of the Loan Period for a LIBOR Rate Loan or Money Market Rate Loan, the Bank may at any time after the end of the Loan Period convert the LIBOR Rate Loan or Money Market Rate Loan to a Prime Rate Loan, but until such conversion, the funds advanced under the LIBOR Rate Loan or Money Market Rate Loan shall continue to accrue interest at the same rate as the interest rate in effect for such LIBOR Rate Loan or Money Market Rate Loan prior to the end of the Loan Period. The Bank's internal records of applicable interest rates shall be determinative in the absence of manifest error. Each LIBOR Rate Loan and each Money Market Rate Loan shall be in a minimum principal amount of $100,000. Dated as of January 18, 2007 (Individual Borrower) Hi-Shear Technology Corporation Borrower Name (Organization) Borrower Name n/a a Delaware Corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxxxx Name n/a Name and Title: Xxxxxx X. Xxxxxx, President/CEO By: /s/ Xxxxxxx X. Xxxxx Name and Title: Xxxxxxx X. Xxxxx, VP Finance/CFO U.S. BANK 1105510939 HAZARD INSURANCE DISCLOSURE Under California law, no lender shall require a borrower, as a condition of receiving or maintaining a loan secured by real property, to provide hazard insurance coverage against risks to the improvements on that real property in an amount exceeding the replacement value of the improvements on the property. For the purposes of the above disclosure:
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CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to changed by this Loan Modification Agreement, the terms of the Existing Loan Documents original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant Consent by Lender to this Loan Modification Agreement in no way shall does not waive Lender's right to strict performance of the obligation(s) as changed, nor obligate Bank Lender to make any future modifications to the Indebtednesschange in terms. Nothing in this Loan Modification Agreement shall will constitute a satisfaction of the Indebtednessobiigation(s). It is the intention of Bank and Borrower Lender to retain as liable parties all makers and endorsers of Existing Loan Documentsthe original obligation(s), including accommodation parties, unless the a party is expressly released by Bank Lender in writing. No maker, Any maker or endorser, or guarantor including accommodation makers, will not be released by virtue of this Loan Modification Agreement. The terms If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this paragraph apply Agreement or otherwise will not be released by it. This waiver applies not only to this Loan Modification Agreementany initial extension, modification or release, but also to all such subsequent loan modification agreementsactions. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written abovePRIOR TO SIGNING THIS AGREEMENT, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. BORROWER AGREES TO THE TERMS OF THE AGREEMENT. BORROWER: BANKPYRAMID BREWERIES INC. BY: HARMONIC--------------------------------- JASON REES, VICE PRESIDENT OF FINANCE OF PYRAMID BREWERIES INC. (f/k/ILLEGIBLE DATA) DISBURSEMENT REQUEST AND AUTHORIZATION PRINCIPAL LOAN DATE MATURITY LOAN NO CALL / COLL ACCOUNT OFFICER INITIALS ------------- ---------- ---------- ------------ ----------- ------- ------- -------- $2,500,000.00 05-14-2004 03-31-2007 77-100239-01 MARK References in the shaded area xxx xxx Xxxxer's use only and do not limix xxe applicability of this document to any particular loan or item. Any item above containing "***" has been omitted due to text length limitations. BORROWER: PYRAMID BREWERIES INC. LENDER: FIRST MUTUAL BANK 91 SOUTH ROYAL BROUGHAM WAY PO BOX 1647 SEATTLE, WA 98134 XXXXXXXX, WA 98009-1647 (425) 450-0000 XXXX XXXX. Xxxx is a Harmonic SILICON VALLEY BANK LightwavesVariable Rate Nondisclosable Revolving Line xx Xxxxxx Xxxn to a Corporation for $2,500,000.00 due on March 31, Inc.) By: /s/ XXXXX X. XXXXXXX By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Name: Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement 2007. The reference rate (the prime rate as published by "AmendmentThe Wall Street Journal", currently 7.500%) is entered into as added to the margin of March 241.000%, 2000resulting in an initial rate of 8.500. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for: [ ] PERSONAL, by and between Silicon Valley Bank FAMILY, OR HOUSEHOLD PURPOSES OR PERSONAL INVESTMENT. [X] BUSINESS ("Bank") and Harmonic, Inc. (the "Borrower"INCLUDING REAL ESTATE INVESTMENT). SPECIFIC PURPOSE. The specific purpose of this loan is: Working Capital.
Appears in 1 contract
Samples: Commercial Security Agreement (Pyramid Breweries Inc)
CONTINUING VALIDITY. Borrower (Any and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified all acts authorized pursuant to this Loan Modification AgreementResolution and performed prior to the passage of this Resolution are hereby ractified and approved. This Resolution shall be continuing, the terms of the Existing Loan Documents shall remain unchanged and in full force and effectaffect and Lender may rely on it until written notice of its revocation shall have been delivered to and received by Lender at Lender's address shown above (or such addressess as Lender may designate from time to time). BankAny such notice shall not affect any of the Corporation's agreement to modifications to agreements or commitments in affect at the existing Indebtedness pursuant to time notice is given. IN TESTIMONY WHEREOF, We have hereunto set our hand and attest that the signature set opposite the name listed above is his or her genuing signature. We each have read all the provisions of this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to Resolution, and we each personally and on behalf of the Indebtedness. Nothing Corporation certify that all statements and representations made in this Loan Modification Agreement shall constitute a satisfaction Resolution are true and correct. This Corporate Resolution to Borrow/Grant Collateral/Subordinate Debt is dated May 14, 2004. CERTIFIED TO AND ATTESTED BY: /s/ JAMES K. HILGER ---------------------------------------- JAMES K. HILGER, CFO & SECRETARY OF PYRAXXX XXXXXXXXX XNC. /s/ GEORGE HANCOCK ---------------------------------------- GEORGE HANCOCK, CEO OF PYRAMID BREWERIES XXX. XXXX: Xf the officer signing this Resolution is designated by the foregoing document as one of the Indebtednessofficers authorized to act on the Corporation's behalf, it is advised to have this Resolution signed by atleast one non authorized officer of the Corporation. It is (ILLEGIBLE DATA) CHANGE IN TERMS AGREEMENT PRINCIPAL LOAN DATE MATURITY LOAN NO CALL / COLL ACCOUNT OFFICER INITIALS ------------- ---------- ---------- ------------ ----------- ------- ------- -------- $2,500,000.00 05-14-2004 03-31-2007 77-100239-01 MARK References in the intention of Bank shaded area xxx xxx Xxxxer's use only and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue do not limix xxe applicability of this Loan Modification Agreementdocument to any particular loan or item. The terms of this paragraph apply not only Any item above containing "***" has been omitted due to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written abovetext length limitations. BORROWER: BANK: HARMONIC, PYRAMID BREWERIES INC. LENDER: FIRST MUTUAL BANK 91 SOUTH ROYAL BROUGHAM WAY PO BOX 1647 SEATTLE, WA 98134 XXXXXXXX, WA 98009-1647 (f/k/425) 450-0000 PRINCIPAL AXXXXX: $0,000,000.00 INITIAL RATE: 8.500% DATE OF AGREEMENT: MARCH 7, 2006 DESCRIPTION OF EXISTING INDEBTEDNESS. A Promissory Note dated May 14, 2004 in the original principal amount of $2,000,000.00, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the note or credit agreement. The Promissory Note evidences a Harmonic SILICON VALLEY BANK Lightwavesrevolving line of credit. DESCRIPTION OF CHANGE IN TERMS. The maximum principal amount available under this Line of Credit is increased to $2,500,000.00. The maturity date of the Promissory Note is extended to March 31, Inc.) By2007. The interest rate to be applied to the unpaid principal balance of the Note will be at a rate of 1.00% over the Index. The Business Loan Agreement dated February 9, 2005 is modified as follows: /s/ XXXXX X. XXXXXXX ByMINIMUM EBITDA. Maintain minimum cumulative EBITDA as follows: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Name: Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment Six months ending June 30, 2006 $ 650,000.00 Nine months ending September 30, 2006 $1,750,000.00 Twelve months ending December 31, 2006 $2,100,000.00 Borrower agrees to Second Amended pay Line of Credit to $0.00 for 30 consecutive days at least once per calendar year. STANDBY LETTER OF CREDIT. A Standby Letter of Credit in the amount of $345,000.00, which will be secured by this Line of Credit, will be issued in conjunction with this increase. The amount available under the Line of Credit will be reduced by $345,000.00, to be used solely for draws in partial or full under Letter of Credit #124, dated March 10, 2006, and Restated Loan and Security Agreement (issued by First Mutual Bank in favor of California First Leasing Corporation, whose address is 18201 Von Karman Avenue, Suite 800, Irvine, CA 92612. At no such time will the "Amendment") fxxxx, xx xxx xxxxxx xx $345,000.00, be available until the Letter of Credit is entered into as of March 24, 2000, by and between Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "Borrower")cancelled.
Appears in 1 contract
Samples: Commercial Security Agreement (Pyramid Breweries Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: HARMONICALTEON NETWORKS, INC. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX X. XXXXXXX Xxxxx Xxxx By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Xxxxxx Xxxxxx -------------------------- -------------------------- Name: Xxxxx X. Xxxxxxx Xxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Xxxxxx ------------------------ ------------------------ Title: C.F.O. Corporate Controller Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement (the "Amendment") is entered into as of March 24, 2000, by and between Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "Borrower").Asst. Vice President ----------------------- -----------------------
Appears in 1 contract
Samples: Loan and Security Agreement (Alteon Websystems Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing ------------------- below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: HARMONICINTERWOVEN, INC. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX X. XXXXXXX By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ ------------------------- ---------------------------- Name: Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- ----------------------- -------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED ---------------------- ------------------------- LOAN AND SECURITY MODIFICATION AGREEMENT This Amendment to Second Amended and Restated Loan and Security Modification Agreement (the "Amendment") is entered into as of March 24December 11, 20001998, by and between Interwoven, Inc. ("Borrower") and Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "Borrower").
Appears in 1 contract
CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and In full force and effect. Consent by Xxxxxx to this Agreement does not waive Xxxxxx's right to strict performance of the obligation(s) as changed, nor obligate Lander to make any future change in terms. Nothing in this Agreement will constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Xxxxxx in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. FRAUDS DISCLOSURE. UNDER OREGON LAW, MOST AGREEMENTS, PROMISES AND COMMITMENTS MADE BY US (LENDER) CONCERNING LOANS AND OTHER CREDIT EXTENSIONS WHICH ARE NOT FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES OR SECURED SOLELY BY THE BORROWER'S RESIDENCE MUST BE IN WRITING, EXPRESS CONSIDERATION AND BE SIGNED BY US TO BE ENFORCEABLE. PRIOR TO SIGNING THIS AGREEMENT, XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. XXXXXXXX AGREES TO THE TERMS OF THE AGREEMENT. BORROWER: POWIN CORPORATION XXXXXX X XX, President of POWIN CORPORATION POWIN CORPORATION TIGARD, OR 97223 THIS BUSINESS LOAN AGREEMENT dated February 4, 2008, is made and executed between POWIN CORPORATION ("Borrower") and Sterling Savings Bank ("Lender") an the following terms and conditions. Borrower has received prior commercial loans from Lender or has applied to Lender for a commercial loan or loans or other financial accommodations, including those which may be described on any exhibit or schedule attached to this Agreement (and each guarantor and pledgor signing below) "Loan'). Xxxxxxxx understands and agrees that that, (A) in modifying the existing Indebtednessgranting, Bank renewing, or extending any Loan, Lender is relying upon Borrower's representations, warranties, and agreements, agreements as set forth in the Existing Loan Documents. Except as expressly modified pursuant to In this Loan Modification Agreement, (B) the granting, renewing, or extending of any Loan by Lender at all times shall be subject to Xxxxxx's sole judgment and discretion; and (C) all such Loans shall be and remain subject to the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue conditions of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: HARMONIC, INC. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX X. XXXXXXX By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Name: Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement (the "Amendment") is entered into as of March 24, 2000, by and between Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "Borrower").
Appears in 1 contract
CONTINUING VALIDITY. Each Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's Borrowers’ representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's Lender’s agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower Borrowers to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: HARMONICMANUGISTICS GROUP, INC. (f/k/a Harmonic By: /s/ Rxxxxxxx Xxxxxx Name: Rxxxxxxx Xxxxxx Title: Executive Vice President and Chief Financial Officer MANUGISTICS, INC. By: /s/ Rxxxxxxx Xxxxxx Name: Rxxxxxxx Xxxxxx Title: Executive Vice President and Chief Financial Officer SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX X. XXXXXXX By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Mxxxx Xxxxxxxx Name: Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Mxxxx Xxxxxxxx Title: C.F.O. TitleVice President TO: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended SILICON VALLEY BANK 3000 Xxxxxx Xxxxx Xxxxx Xxxxx, XX 00000 FROM: MANUGISTICS GROUP, INC. The undersigned authorized officer of Manugistics Group, Inc. (“Company”) certifies that under the terms and Restated conditions of the Loan and Security Agreement between Borrowers and Bank (the "Amendment"“Agreement”), (i) Borrowers are in complete compliance for the period ending with all required covenants except as noted below and (ii) all representations and warranties in the Agreement are true and correct in all material respects on this date. Attached are the required documents supporting the certification. The Officer certifies that these are prepared in accordance with Generally Accepted Accounting Principles (GAAP) consistently applied from one period to the next except as explained in an accompanying letter or footnotes. The Officer acknowledges that no borrowings may be requested at any time or date of determination that Borrowers are not in compliance with any of the terms of the Agreement, and that compliance is entered into as of March 24, 2000, by and between Silicon Valley Bank ("Bank") and Harmonic, Inc. (determined not just at the "Borrower")date this certificate is delivered.
Appears in 1 contract
Samples: Loan Modification Agreement (Manugistics Group Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to changed by this Loan Modification Agreement, the terms of the Existing Loan Documents original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant Consent by Lender to this Loan Modification Agreement in no way shall does not waive Lender’s right to strict performance of the obligation(s) as changed, nor obligate Bank Lender to make any future modifications to the Indebtednesschanges in terms. Nothing in this Loan Modification Agreement shall agreement will constitute a satisfaction of the Indebtednessobligation(s). It is the intention of Bank and Borrower the Lender to retain as liable parties all makers and endorsers of Existing Loan Documentsthe original obligation(s), including accommodation parties, unless the party is expressly released by Bank Lender in writing. No maker, Any maker or endorser, or guarantor including accommodation makers, will not be released by virtue of this Loan Modification Agreement. The terms If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this paragraph apply Agreement or otherwise will not be released by it. This waiver applies not only to this Loan Modification Agreementany initial extension, modification or release, but also to all subsequent loan modification agreementsactions. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written abovePRIOR TO SIGNING THIS AGREEMENT, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE AGREEMENT BORROWER: BANK: HARMONIC, INC. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves, Inc.) M-TRON INDUSTRIES By: /s/ XXXXX X. XXXXXXX Xxxxxx Xxxxxx, CFO 06/26/09 Authorized Signer for M-Tron Industries PIEZO TECHNOLOGY By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ NameXxxxxx Xxxxxx, CFO 06/26/09 Authorized Signer for Piezo Technology, Inc LENDER: Xxxxx X. Xxxxxxx Name: Xxxxx FIRST NATIONAL BANK OF OMAHA x /s/ Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED Mahoney____________ Xxxxxx X Xxxxxxx, Second Vice President First National Bank DISBURSEMENT REQUEST AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment AUTHORIZATION Principal $5,500,000.00 Loan Date 06-30-2009 Maturity 07-31-2009 Loan No. 0000000 Call/Coll Account Officer *** Initials References in the boxes above are for Lender’s use only and do not limit the applicability of this document to Second Amended and Restated Loan and Security Agreement (the "Amendment") is entered into as of March 24, 2000, by and between Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "any particular loan or item. Any item above containing “***” has been omitted due to text length limitations. Borrower").:
Appears in 1 contract
Samples: Loan Agreement
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the ------------------- existing IndebtednessObligations, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED [SIGNATURES BEGIN ON NEXT PAGE PAGE] This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANKLENDER: HARMONIC, INC. (f/k/a Harmonic LIFECELL CORPORATION SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX X. XXXXXXX Xxxxxx Xxxxxxxx By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Xxxxx Xxxxxx Name: Xxxxx X. Xxxxxxx Xxxxxx Xxxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. V.P. Finance Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED Vice President EXHIBIT C BORROWING BASE CERTIFICATE -------------------------------------------------------------------------------- Borrower: LifeCell Corporation Bank: Silicon Valley Bank One Millennium Way 0000 Xxxxxx Xxxxx Xxxxxxxxxx, Xxx Xxxxxx 00000 Xxxxx Xxxxx, XX 00000 Commitment Amount: $4,000,000 -------------------------------------------------------------------------------- ACCOUNTS RECEIVABLE 1. Accounts Receivable Book Value as of____ $_________ 2. Additions (please explain on reverse) $_________ 3. TOTAL ACCOUNTS RECEIVABLE $_________ ACCOUNTS RECEIVABLE DEDUCTIONS (without duplication) 4. Amounts over 90 days due $_________ 5. Balance of 50% over 90 day accounts $_________ 6. Credit balances over 90 days $_________ 7. Concentration Limits (25%) $_________ 8. Foreign Accounts $_________ 9. Governmental Accounts $_________ 10. Contra Accounts $_________ 11. Promotion or Demo Accounts $_________ 12. Intercompany/Employee Accounts $_________ 13. Other (please explain on reverse) $_________ 14. TOTAL ACCOUNTS RECEIVABLE DEDUCTIONS $_________ 15. Eligible Accounts (#3 minus #14) $_________ 16. LOAN AND SECURITY AGREEMENT This Amendment to Second Amended VALUE OF ACCOUNTS (80% of #15) $_________ BALANCES 17. Maximum Loan Amount $4,000,000 18. Total Funds Available [Lesser of #17 or #16] $_________ 19. Present balance owing on Line of Credit $_________ 20. RESERVE POSITION (#18 minus #19) $_________ The undersigned represents and Restated warrants that this is true, complete and correct, and that the information in this Borrowing Base Certificate complies with the representations and warranties in the Loan and Security Agreement between the undersigned and Silicon Valley Bank. COMMENTS: ---------------------------------- COMMENTS: | BANK USE ONLY | | | |Rec'd by: | | ---------------------- | | Auth. Signer | | | By: |Date: | -------------------- | -------------------------- | Authorized Signature | | |Verified: | | ---------------------- | | Auth. Xxxxxx | | | |Date: | | -------------------------- | | | ---------------------------------- EXHIBIT D COMPLIANCE CERTIFICATE TO: SILICON VALLEY BANK 0000 Xxxxxx Xxxxx Xxxxx Xxxxx, XX 00000 FROM: LifeCell Corporation Xxx Xxxxxxxxxx Xxx Xxxxxxxxxx, Xxx Xxxxxx 00000 The undersigned authorized officer of LifeCell Corporation ("Borrower") certifies that under the terms and conditions of the Loan and Security Agreement between Borrower and Bank (the "Amendment") is entered into as of March 24, 2000, by and between Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "BorrowerAgreement")., (i) Borrower is in complete compliance for the period ending _______________ with all required covenants except as noted below and (ii) all representations and warranties in the Agreement are true and correct in all material respects on this date. Attached are the required documents supporting the certification. The Officer certifies that these are prepared in accordance with Generally Accepted Accounting Principles (GAAP) consistently applied from one period to the next except as explained in an accompanying letter or footnotes. The Officer acknowledges that no borrowings may be requested at any time or date of determination that Borrower is not in compliance with any of the terms of the Agreement, and that compliance is determined not just at the date this certificate is delivered. PLEASE INDICATE COMPLIANCE STATUS BY CIRCLING YES/NO UNDER "COMPLIES" COLUMN. REPORTING COVENANT REQUIRED COMPLIES ---------------------------------- -------- ---------- Monthly financial statements + CC Monthly within 30 days Yes No Annual (Audited) FYE within 120 days Yes No A/R Agings When borrowing, monthly within ------ 30 days Yes No A/R Audit Initial and Annual Yes No Borrowing Base Certificate When borrowing, monthly within 30 days Yes No FINANCIAL COVENANT REQUIRED ACTUAL COMPLIES ------------------------------ ---------- ----------- ---------- Maintain on a Monthly Basis: Minimum Quick Ratio 1.25:1.00 _____:1.00 Yes No
Appears in 1 contract
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to changed by this Loan Modification Agreement, the terms of the Existing Loan Documents original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant Consent by Lender to this Loan Modification Agreement in no way shall does not waive Lender's right to strict performance of the obligation(s) as changed, nor obligate Bank Lender to make any future modifications to the Indebtednesschange in terms. Nothing in this Loan Modification Agreement shall will constitute a satisfaction of the Indebtednessobligation(s). It is the intention of Bank and Borrower Lender to retain as liable parties all makers and endorsers of Existing Loan Documentsthe original obligation(s), including accommodation parties, unless the a party is expressly released by Bank Lender in writing. No maker, Any maker or endorser, or guarantor including accommodation makers, will not be released by virtue of this Loan Modification Agreement. The terms If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this paragraph apply Agreement or otherwise will not be released by it. This waiver applies not only to this Loan Modification Agreementany initial extension, modification or release, but also to all such subsequent loan modification agreementsactions. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written abovePRIOR TO SIGNING THIS AGREEMENT, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. BORROWER AGREES TO THE TERMS OF THE AGREEMENT. BORROWER: BANK: HARMONIC, INC. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves, Inc.) PORTLAND BREWING COMPANY By: /s/ XXXXX X. XXXXXXX ByFREDERICK L. BOWMAN ------------------------------------------------ XXXXXXXXK L. BOWMAN, PRESIDENT of PORTLAND BREWING COMPANY ================================================================================ DISBURSEMENT REQUEST AND AUTHORIZATION ------------- ------------ ------------ ----------- ------------- ------------ --------- ---------- Principal Loan Date Maturity Loan No Call/Coll Account Officer Initials $1,200,000.00 09-01-2003 06-30-2004 0010130085 B0N03 ------------- ------------ ------------ ----------- ------------- ------------ --------- ---------- References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "***" has been omitted due to text length limitations. --------------------------------------------------------------------------------------------------- Borrower: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ NamePORTLAND BREWING COMPANY Lender: Washington Mutual Bank 2730 NW 31ST AVE Beaverton Commexxxxx Xxxxxxx Xxxxxx XXXXXXXX, XX 00000-0000 12655 SW Center Xxxxxx, Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement (the "Amendment") is entered into as of March 24000 Xxxxxxxxx, 2000, by and between Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "Borrower").XX 00000 ===================================================================================================
Appears in 1 contract
Samples: Change in Terms Agreement (Portland Brewing Co /Or/)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification AgreementAgreement , the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification LoanModification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANKSILICON: HARMONIC, INC. (f/k/a Harmonic DIGIRAD CORPORATION SILICON VALLEY BANK Lightwaves, Inc.) ByBy:/s/ Xxxxx Xxxxxxxx By:/s/ Xxxxx X. Xx Xxxxx ------------------------- ---------------------------- Name: /s/ XXXXX X. XXXXXXX By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Xxxxx Xxxxxxxx Name: Xxxxx X. Xxxxxxx Name: Xx Xxxxx Xxxxxx ------------------------------ ---------------------------------- ------------------------- --------------------------- Title: C.F.O. CFO Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED ------------------------ -------------------------- LOAN AND SECURITY MODIFICATION AGREEMENT This Amendment to Second Amended and Restated Loan and Security Modification Agreement (the "Amendment") is entered into as of March 24April 26, 20002001, by and between Digirad Corporation (jointly and severally, the "Borrower") and Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "Borrower").
Appears in 1 contract
CONTINUING VALIDITY. MISCELLANEOUS PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement without losing them. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtednessany other person who signs, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to guarantees or endorses this Loan Modification Agreement, to the extent allowed by law, waive presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of this Agreement, and unless otherwise expressly stated in writing, no party who signs this Agreement, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the Existing Loan Documents remain unchanged collateral; and in full force and effecttake any other action deemed necessary by Lender without the consent of or notice to anyone. Bank's agreement All such parties also agree that Lender may modify this loan without the consent of or notice to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless anyone other than the party with whom the modification is expressly released by Bank in writingmade. No makerPRIOR TO SIGNING THIS AGREEMENT, endorserBORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, or guarantor will be released by virtue of this Loan Modification AgreementINCLUDING THE VARIABLE INTEREST RATE PROVISIONS. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written aboveBORROWER AGREES TO THE TERMS OF THE AGREEMENT AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE AGREEMENT. BORROWER: BANK: HARMONICSCIENTIFIC SOFTWARE - INTERCOMP, INC. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves., Inc.) A COLORADO CORPORATION By: /s/ COPY ------------------------------ RONAXX X. XXXXXXX, XXCRETARY ================================================================================ Variable Rate. Line of Credit. 6 [BANK ONE LOGO] DISBURSEMENT REQUEST AND AUTHORIZATION ------------------------------------------------------------------------------------------------------------------------ PRINCIPAL LOAN DATE MATURITY LOAN NO. CALL COLLATERAL ACCOUNT OFFICER INITIALS ------------------------------------------------------------------------------------------------------------------------ $633,000.00 10-15-1995 26 7979623550 410 ------------------------------------------------------------------------------------------------------------------------ References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. ------------------------------------------------------------------------------------------------------------------------ BORROWER: SCIENTIFIC SOFTWARE - INTERCOMP, INC., A LENDER: BANK ONE, COLORADO, N.A. COLORADO CORPORATION DOWNTOWN BOULDER BANKING CENTER 1801 XXXXXXXXXX XX. XXX 000 2696 XXXXX X. XXXXXXX ByXXXXXXXX XXXX. XXXXXX, XX 00000-0000 DENVXX, XX 00000 ======================================================================================================================== LOAN TYPE. This is a Variable Rate (2.500% over LENDER'S PRIME RATE, making an initial rate of 11.250%), Revolving Line of Credit Loan to a Corporation for $633,000.00 due on October 15, 1995. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Name: Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement [ ] PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES OR PERSONAL INVESTMENT. [X] BUSINESS (the "Amendment") is entered into as of March 24, 2000, by and between Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "Borrower"INCLUDING REAL ESTATE INVESTMENT).
Appears in 1 contract
Samples: Change in Terms Agreement (Scientific Software Intercomp Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. effect Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: HARMONICALTEON NETWORKS, INC. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX X. XXXXXXX Xxxxx Xxxx By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Xxxxxx Xxxxxx ------------------------------ ------------------------------ Name: Xxxxx X. Xxxxxxx Xxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Xxxxxx ---------------------------- --------------------------- Title: C.F.O. Corporate Controller Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement (the "Amendment") is entered into as of March 24, 2000, by and between Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "Borrower").Asst. Vice President --------------------------- ---------------------------
Appears in 1 contract
Samples: Loan and Security Agreement (Alteon Websystems Inc)
CONTINUING VALIDITY. Borrower (and each guarantor Guarantor and pledgor Pledgor) signing below) understands below understand and agrees agree that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, Agreement the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph Paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANKLENDER: HARMONIC, INCREMEDY CORP. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX X. GEORXX XX XXXXXXX By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ [SIG] ------------------------------- ------------------------------- Name: Xxxxx X. Georxx xx Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Watexxxx ----------------------------- ----------------------------- Title: C.F.O. Vice President of Finance Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT ---------------------------- ---------------------------- EXHIBIT "A" SUPPLEMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY MODIFICATION AGREEMENT This Amendment supplement to Second Amended and Restated Loan and Security Modification Agreement (this "Agreement") is a supplement to the Loan Modification Agreement (the "AmendmentLoan Modification Agreement") is entered into as of March 24dated June 21, 2000, by and 1996 between Silicon Valley Bank and Remedy Corp. ("BankBorrower") and Harmonic, Inc. (forms a part of and is incorporated into the "Borrower")Loan Modification Agreement.
Appears in 1 contract
CONTINUING VALIDITY. MISCELLANEOUS PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement without losing them. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtednessany other person who signs, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to guarantees or endorses this Loan Modification Agreement, to the extent allowed by law, waive presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of this Agreement, and unless otherwise expressly stated in writing, no party who signs this Agreement, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the Existing Loan Documents remain unchanged collateral; and in full force and effecttake any other action deemed necessary by Lender without the consent of or notice to anyone. Bank's agreement All such parties also agree that Lender may modify this loan without the consent of or notice to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless anyone other than the party with whom the modification is expressly released by Bank in writingmade. No makerPRIOR TO SIGNING THIS AGREEMENT, endorserBORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, or guarantor will be released by virtue of this Loan Modification AgreementINCLUDING THE VARIABLE INTEREST RATE PROVISIONS. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written aboveBORROWER AGREES TO THE TERMS OF THE AGREEMENT AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE AGREEMENT. BORROWER: BANK: HARMONICSCIENTIFIC SOFTWARE - INTERCOMP, INC. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves., Inc.) ByA COLORADO CORPORATION BY: /s/ XXXXX RONAXX X. XXXXXXX By------------------------------ RONAXX X. XXXXXXX, XXCRETARY ================================================================================ Variable Rate. Line of Credit. 3 [BANK ONE LOGO] DISBURSEMENT REQUEST AND AUTHORIZATION ------------------------------------------------------------------------------------------------------------------------ PRINCIPAL LOAN DATE MATURITY LOAN NO. CALL COLLATERAL ACCOUNT OFFICER INITIALS ------------------------------------------------------------------------------------------------------------------------ $4,500,000.00 09-15-1995 42 7979623550 410 ------------------------------------------------------------------------------------------------------------------------ References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. ------------------------------------------------------------------------------------------------------------------------ BORROWER: /s/ SCIENTIFIC SOFTWARE - INTERCOMP, INC., A LENDER: BANK ONE, COLORADO, N.A. COLORADO CORPORATION DOWNTOWN BOULDER BANKING CENTER 1801 XXXXXXXXXX XXXXXX, XXX 000 2696 XXXXX XXXXXX -------------------------------- ------------------------------------ NameXXXXXXXX XXXX. XXXXXX, XX 00000-0000 DENVXX, XX 00000 ======================================================================================================================== LOAN TYPE. This is a Variable Rate (1.500% over LENDER'S PRIME RATE, making an initial rate of 10.250%), Revolving Line of Credit Loan to a Corporation for $4,500,000.00 due on SEPTEMBER 15, 1995. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for: Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended and Restated Loan and Security Agreement [ ] PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES OR PERSONAL INVESTMENT. [X] BUSINESS (the "Amendment") is entered into as of March 24, 2000, by and between Silicon Valley Bank ("Bank") and Harmonic, Inc. (the "Borrower"INCLUDING REAL ESTATE INVESTMENT).
Appears in 1 contract
Samples: Change in Terms Agreement (Scientific Software Intercomp Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing IndebtednessObligations, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: HARMONIC, INC. (f/k/a Harmonic SILICON VALLEY BANK Lightwaves, Inc.) By: /s/ XXXXX Rxxx X. XXXXXXX Xxxxxxx By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Txx Xxxxx Name: Xxxxx Rxxx X. Xxxxxxx Name: Txx Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Chief Financial Officer Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED Senior Relationship Manager BORROWER: SYNAPTICS INCORPORATED LOAN AND SECURITY AGREEMENT OFFICER: Txx Xxxxx DATE: June 5, 2002 Documentation Fee $250.00 (Waived) TOTAL FEE DUE $0.00 Please indicate the method of payment: { } A check for the total amount is attached. { } Debit DDA # for the total amount. { } Loan proceeds SYNAPTICS INCORPORATED /s/Txx Xxxxx Silicon Valley Bank (Date) Account Officer’s Signature This Amendment to Second Amended and Restated Loan and Security Modification Agreement (the "Amendment") is entered into as of March 24October 17, 20002002, by and between Synaptics Incorporated (the “Borrower”) and Silicon Valley Bank ("‘“Bank") and Harmonic, Inc. (the "Borrower"”).
Appears in 1 contract
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. SIGNATURE BLOCK CONTINUED ON NEXT PAGE This Loan Modification Agreement is executed as of the date first written above. BORROWERBy: BANKBy: HARMONIC, INCName: Name: Title: Title: Name: Title: Please indicate the method of payment: { } A check for the total amount is attached. { } Debit DDA# for the total amount. { } Loan proceeds Borrower (f/k/a Harmonic Date) Silicon Valley Bank (Date) Account Officer’s Signature TO: SILICON VALLEY BANK Lightwaves0000 Xxxxxx Xxxxx Xxxxx Xxxxx, Inc.XX 00000 FROM: SENTO CORPORATION SENTO TECHNICAL SERVICES CORPORATION The undersigned authorized officer of SENTO CORPORATION, and SENTO TECHNICAL SERVICES CORPORATION (jointly and severally the “Borrower”) By: /s/ XXXXX X. XXXXXXX By: /s/ XXXXX XXXXXX -------------------------------- ------------------------------------ Name: Xxxxx X. Xxxxxxx Name: Xxxxx Xxxxxx ------------------------------ ---------------------------------- Title: C.F.O. Title: SVP ----------------------------- --------------------------------- 44 AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amendment to Second Amended certifies that under the terms and Restated conditions of the Loan and Security Agreement between Borrower and Bank (the "Amendment"“Agreement”), (i) Borrower is entered into in complete compliance for the period ending with all required covenants except as noted below and (ii) all representations and warranties in the Agreement are true and correct in all material respects on this date. Attached are the required documents supporting the certification. The Officer certifies that these are prepared in accordance with Generally Accepted Accounting Principles (GAAP) consistently applied from one period to the next except as explained in an accompanying letter or footnotes. The Officer acknowledges that no borrowings may be requested at any time or date of March 24determination that Borrower is not in compliance with any of the terms of the Agreement, 2000and that compliance is determined not just at the date this certificate is delivered. Interim consolidated financial statements + CC Monthly within 30 days Yes No 10-Q, by and between Silicon Valley Bank ("Bank") and Harmonic10-K Within 5 days after filing with SEC Yes No A/R, Inc. (the "Borrower").A/P & BBC Monthly within 20 days Yes No A/R Audit Annually Yes No
Appears in 1 contract
