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 Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Obligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Obligations. 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. 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx By: /s/ Kxxxx Xxxxxxxx Name: Cxxxx Xxxxxx Name: Kxxxx Xxxxxxxx Title: Manager Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: A Smart Move L.L.C. LOAN OFFICER: Kxxxx Xxxxxxxx DATE: June 21, 2005 Documentation Fee $ 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. { } Loan proceeds Borrower (Date) Silicon Valley Bank (Date) Account Officer’s Signature
Appears in 2 contracts
Samples: Loan Modification Agreement (Smart Move, Inc.), Loan Modification Agreement (Smart Move, 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 Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Obligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Obligations. 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. 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. INFINERA CORPORATION SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx Xxxxxxx Xxxxxxx By: /s/ Kxxxx Xxxxxxxx Xxxxxx Xx Name: Cxxxx Xxxxxx Xxxxxxx Xxxxxxx Name: Kxxxx Xxxxxxxx Xxxxxx Xx Title: Manager CFO Title: Senior Vice President Relationship Manager [LOGO] SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: A Smart Move L.L.C. INFINERA CORPORATION LOAN OFFICER: Kxxxx Xxxxxxxx Xxxxxx Xx DATE: June 21February 2, 2005 Documentation Fee $ $250.00 TOTAL FEE DUE $ $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 SignatureSignature SECOND LOAN MODIFICATION AGREEMENT (REVOLVING LINE) This Second Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of June 21, 2005, by and between SILICON VALLEY BANK, a California-chartered bank, with its principal place of business at 0000 Xxxxxx Xxxxx, Xxxxx Xxxxx, Xxxxxxxxxx 00000 (“Bank”) and INFINERA CORPORATION, a Delaware corporation with its chief executive office located at 0000 Xxxxxxxx Xxxxx, Xxxxxxxxx, Xxxxxxxxxx 00000 (“Borrower”).
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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 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 Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Obligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Obligations. 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. 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. SYNAPTICS INCORPORATED SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx Rxxxxxx X. Xxxxxxx By: /s/ Kxxxx Xxxxxxxx Txx Xxxxx Name: Cxxxx Xxxxxx Rxxxxxx X. Xxxxxxx Name: Kxxxx Xxxxxxxx Title: Manager Txx Xxxxx Title: Senior Vice President and Chief Financial Officer Title: Senior Relationship Manager SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: A Smart Move L.L.C. SYNAPTICS INCORPORATED LOAN OFFICER: Kxxxx Xxxxxxxx Txx Xxxxx DATE: June 21November 28, 2005 2004 Documentation Fee $ $250.00 (Waived) TOTAL FEE DUE $ 250.00 $0.00 Please indicate the method of payment: { } A check for the total amount is attached. { } Debit DDA # for the total amount. { } Loan proceeds Borrower SYNAPTICS INCORPORATED /s/Rxxx X. Xxxxxxx 11-30-2004 (Date) /s/ Txx Xxxxx Silicon Valley Bank (Date) Account Officer’s SignatureSignature EXHIBIT A The Collateral consists of all of Borrower’s right, title and interest in and to the following whether owned now or hereafter arising and whether the Borrower has rights now or hereafter has rights therein and wherever located: All goods and equipment now owned or hereafter acquired, including, without limitation, all machinery, fixtures, vehicles (including motor vehicles and trailers), and any interest in any of the foregoing, and all attachments, accessories, accessions, replacements, substitutions, additions, and improvements to any of the foregoing, wherever located; All inventory, now owned or hereafter acquired, including, without limitation, all merchandise, raw materials, parts, supplies, packing and shipping materials, work in process and finished products including such inventory as is temporarily out of Borrower’s custody or possession or in transit and including any returns upon any accounts or other proceeds, including insurance proceeds, resulting from the sale or disposition of any of the foregoing and any documents of title representing any of the above; All contract rights and general intangibles (as such definitions may be amended from time to time according to the Code), now owned or hereafter acquired, including, without limitation, goodwill, trademarks, servicemarks, trade styles, trade names, patents, patent applications, leases, license agreements, franchise agreements, blueprints, drawings, purchase orders, customer lists, route lists, infringements, claims, computer programs, computer discs, computer tapes, literature, reports, catalogs, design rights, income tax refunds, payments of insurance and rights to payment of any kind; All now existing and hereafter arising accounts, contract rights, royalties, license rights and all other forms of obligations owing to Borrower arising out of the sale or lease of goods, the licensing of technology or the rendering of services by Borrower (as such definitions may be amended from time to time according to the Code) whether or not earned by performance, and any and all credit insurance, insurance (including refund) claims and proceeds, guaranties, and other security therefor, as well as all merchandise returned to or reclaimed by Borrower; All documents, cash, deposit accounts, securities, securities entitlements, securities accounts, investment property, financial assets, letters of credit, letter of credit rights, certificates of deposit, instruments and chattel paper and electronic chattel paper now owned or hereafter acquired and Borrower’s Books relating to the foregoing; All copyright rights, copyright applications, copyright registrations and like protections in each work of authorship and derivative work thereof, whether published or unpublished, now owned or hereafter acquired; all trade secret rights, including all rights to unpatented inventions, know-how, operating manuals, license rights and agreements and confidential information, now owned or hereafter acquired; all mask work or similar rights available for the protection of semiconductor chips, now owned or hereafter acquired; all claims for damages by way of any past, present and future infringement of any of the foregoing; and All Borrower’s Books relating to the foregoing and any and all claims, rights and interests in any of the above and all substitutions for, additions and accessions to and proceeds thereof. Notwithstanding the foregoing, the Collateral shall not be deemed to include any copyrights, copyright applications, copyright registration and like protection in each work of authorship and derivative work thereof, whether published or unpublished, now owned or hereafter acquired; any patents, patent applications and like protections including without limitation improvements, divisions, continuations, renewals, reissues, extensions and continuations-in-part of the same, trademarks, servicemarks and applications therefor, whether registered or not, and the goodwill of the business of Borrower connected with and symbolized by such trademarks, any trade secret rights, including any rights to unpatented inventions, know-how, operating manuals, license rights and agreements and confidential information, now owned or hereafter acquired; or any claims for damage by way of any past, present and future infringement of any of the foregoing (collectively, the “Intellectual Property”), except that the Collateral shall include the proceeds of all the Intellectual Property that are accounts, (i.e. accounts receivable) of Borrower, or general intangibles consisting of rights to payment, if a judicial authority (including a U.S. Bankruptcy Court) holds that a security interest in the underlying Intellectual Property is necessary to have a security interest in such accounts and general intangibles of Borrower that are proceeds of the Intellectual Property, then the Collateral shall automatically, and effective as of the Closing Date, include the Intellectual Property to the extent necessary to permit perfection of Bank’s security interest in such accounts and general intangibles of Borrower that are proceeds of the Intellectual Property. Borrower and Bank are parties to that certain loan and security agreement, whereby Borrower, in connection with Bank’s loan or loans to Borrower, has agreed, among other things, not to sell, transfer, assign, mortgage, pledge, lease grant a security interest in, or encumber any of its Intellectual Property, without Bank’s prior written consent.
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CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Banks 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 Obligations Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Banks to make any future modifications to the ObligationsIndebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the ObligationsIndebtedness. It is the intention of Bank Banks and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Banks in writing. 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANKBANKS: A SMART MOVE L.L.C. ONYX SOFTWARE CORPORATION SILICON VALLEY BANK BANK, (as Agent) By: /s/ Cxxxx Xxxxxx Xxx Xxxxxxxx By: /s/ Kxxxx Xxxx X. Xxxxxx --------------------------------- ---------------------------------- Name: Xxx Xxxxxxxx Name: Cxxxx Xxxx X. Xxxxxx Name: Kxxxx Xxxxxxxx ------------------------------- -------------------------------- Title: Manager VP Finance & Corp. Controller Title: Senior VP ------------------------------ ------------------------------- COMERICA BANK-CALIFORNIA, (as a Lender) By: /s/ Xxxx X. Xxxxx ---------------------------------- Name: Xxxx X. Xxxxx -------------------------------- Title: Vice President ------------------------------- [LOGO OF SILICON VALLEY BANK] SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: A Smart Move L.L.C. Onyx Software Corporation LOAN OFFICER: Kxxxx Xxxxxxxx Xxxxxx Xxxxx / Xxxx X. Xxxxxx DATE: June 21April 12, 2005 2001 Documentation Fee $ $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. { } Loan proceeds _________________________________ Borrower (Date) _________________________________ Silicon Valley Bank (Date) Account Officer’s 's Signature
Appears in 1 contract
Samples: Loan Modification Agreement (Onyx Software Corp/Wa)
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 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 Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Obligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Obligations. 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. 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. SYNAPTICS INCORPORATED SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx Rxxx X. Xxxxxxx By: /s/ Kxxxx Xxxxxxxx /s/Txx Xxxxx Name: Cxxxx Xxxxxx Rxxx X. Xxxxxxx Name: Kxxxx Xxxxxxxx Txx Xxxxx Title: Manager Chief Financial Officer Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: A Smart Move L.L.C. SYNAPTICS INCORPORATED LOAN OFFICER: Kxxxx Xxxxxxxx Txx Xxxxx DATE: June 21November 20, 2005 2003 Documentation Fee $ $250.00 (Waived) TOTAL FEE DUE $ 250.00 $0.00 Please indicate the method of payment: { } A check for the total amount is attached. { } Debit DDA # for the total amount. { } Loan proceeds Borrower SYNAPTICS INCORPORATED /s/ Rxxx X. Xxxxxxx (Date) /s/Txx Xxxxx Silicon Valley Bank (Date) Account Officer’s SignatureSignature LOAN MODIFICATION AGREEMENT This Loan Modification Agreement is entered into as of November 28, 2004, by and between Synaptics Incorporated (the “Borrower”) and Silicon Valley Bank (“Bank”).
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 Obligations Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the ObligationsIndebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the ObligationsIndebtedness. 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. 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. BANK CORILLIAN CORPORATION SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx By: /s/ Kxxxx Xxxxxxxx Name: Cxxxx Xxxxxx Name: Kxxxx Xxxxxxxx Title: Manager Title: Senior Vice President [LOGO] SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: A Smart Move L.L.C. CORILLIAN CORPORATION LOAN OFFICER: Kxxxx Xxxxxxxx Xxx Xxxxxxx DATE: June 21December 26, 2005 2000 Documentation Fee $ 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. { } Loan proceeds Borrower (Date) Silicon Valley Bank (Date) Account Officer’s Signature's Signature QuickLinks TABLE OF CONTENTS 1 ACCOUNTING AND OTHER TERMS 2 LOAN AND TERMS OF PAYMENT 3 CONDITIONS OF LOANS 4 CREATION OF SECURITY INTEREST 5 REPRESENTATIONS AND WARRANTIES 6 AFFIRMATIVE COVENANTS 7 NEGATIVE COVENANTS 8 EVENTS OF DEFAULT 9 BANK'S RIGHTS AND REMEDIES 10 NOTICES 11 CHOICE OF LAW, VENUE AND JURY TRIAL WAIVER 12 GENERAL PROVISIONS 13 DEFINITIONS
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 Obligations 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 Obligationschange in terms. Nothing in this Loan Modification Agreement shall will constitute a satisfaction of the Obligationsobligation(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. Unless expressly released herein, 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. This Loan Modification Agreement is executed as of the date first written aboveactions. BORROWER: BANK: A SMART MOVE L.L.C. SILICON VALLEY BANK FRESH ENTERPRISES, INC. By: /s/ Cxxxx Xxxxxx Xxxx Xxxxxxxxxx By: /s/ Kxxxx Xxxxxxxx Name: Cxxxx Xxxxxx Name: Kxxxx Xxxxxxxx Title: Manager Title: 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 SILICON VALLEY & 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 PRO FORMA INVOICE FOR LOAN CHARGES BORROWERX /s/ Xxxxxxx Xxxxxx ------------------------------------ Authorized 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: A Smart Move L.L.C. LOAN OFFICERFresh Enterprises, Inc. Lender: Kxxxx Western Financial Bank Baja Fresh Westlake Village, Commercial Banking Group Inc. dba Baja Fresh 00000 Xxxxx Xxxxxxx Mexican Grill Xxxxxx, XX 00000 000 X. Xxxxxxxxx Xxxxx, Xxxxx 000 Xxxxxxxx DATEXxxx, XX 00000 ================================================================================ Principal Amount: June 21$16,000,000.00 Initial Rate: 6.250% Date of Agreement: September 27, 2005 Documentation Fee $ 250.00 TOTAL FEE DUE $ 250.00 Please indicate 2001 DESCRIPTION OF EXISTING INDEBTEDNESS. Business Loan Agreement dated 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 method following changes to the Business Loan Agreement shall become effective: The Income paragraph, as referenced in the FINANCIAL COVENANTS AND RATIOS section of paymentthe Business Loan Agreement, is hereby amended to include (add) the following: { } A check Maintain not less than $4,000,000.00 EBITDA for the total amount six-month fiscal period ending June 30, 2002 and 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 non-cash stock compensation expense. The covenants and ratios, as referenced in the 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 attached. { } Debit DDA # for the total amount. { } Loan proceeds Borrower (Date) Silicon Valley Bank (Date) Account Officer’s Signaturedefined as net worth less intangibles plus debt subordinated to Lender.
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 's agreement to modifications to the existing Obligations Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the ObligationsIndebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the ObligationsIndebtedness. 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. Unless expressly released herein, no 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. INTERWOVEN, INC. SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx By: /s/ Kxxxx Xxxxxxxx ------------------------- ---------------------------- Name: Cxxxx Xxxxxx Name: Kxxxx Xxxxxxxx ----------------------- -------------------------- Title: Manager Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR ---------------------- ------------------------- LOAN CHARGES BORROWER: A Smart Move L.L.C. LOAN OFFICER: Kxxxx Xxxxxxxx DATE: June 21MODIFICATION AGREEMENT This Loan Modification Agreement is entered into as of October 26, 2005 Documentation Fee $ 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. { } Loan proceeds Borrower 1998, by and between Interwoven, Inc. (Date"Borrower") and Silicon Valley Bank (Date) Account Officer’s Signature"Bank").
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 Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Obligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Obligations. 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. 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: AT ROAD, INC. By: /s/ TXXXXX X. XXXXXX Name: Txxxxx X. Xxxxxx Title: SVP & CFO BANK: A SMART MOVE L.L.C. SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx By: /s/ Kxxxx Xxxxxxxx JXXXXXX XXXXXXX Name: Cxxxx Xxxxxx Name: Kxxxx Xxxxxxxx Jxxxxxx Xxxxxxx Title: Manager TitleSVP EXHIBIT C COMPLIANCE CERTIFICATE TO: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWERFROM: A Smart Move L.L.C. LOAN OFFICER: Kxxxx Xxxxxxxx DATE: June 21AT ROAD, 2005 Documentation Fee $ 250.00 TOTAL FEE DUE $ 250.00 INC. The undersigned authorized officer of At Road, Inc. (“Borrower”) certifies that under the terms and conditions of the Loan and Security Agreement between Borrower and Bank (the “Agreement”), (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. In addition, the undersigned authorized officer of Borrower certifies that Borrower and each Subsidiary has timely filed all required tax returns and paid, or made adequate provision to pay all material taxes, except those being contested in good faith with adequate reserves under GAAP. 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 Quarterly within 50 days* Yes No Annual (Audited) FYE within 150 days** Yes No Compliance Certificate Quarterly within 50 days*** * Borrower may satisfy the method company prepared consolidated balance sheet and income statement reporting requirement via a 10K filed with the SEC. If Borrower does not maintain cash, cash equivalents, short term investments (but not restricted cash) greater than $50,000,000, the company prepared consolidated balance and income statement will be due, as soon as available, but no later than 50 days after the last day of payment: { } A check each month. ** Borrower may satisfy the fiscal year end audited consolidated financial statement reporting via a 10K filed with the SEC *** If Borrower does not maintain cash, cash equivalents, short term investments (but not restricted cash) greater than $50,000,000, the Compliance Certificate will be due, as soon as available, but no later than 50 days after the last day of each month. Financial Covenant Required Actual Complies Maintain on a quarterly basis (unless otherwise noted): Minimum Tangible Net Worth $95,000,000 for the total amount is attached. { } Debit DDA # quarter ending 12/31/03 $ Yes No 12/03 TNW for the total amountquarter ending 3/31/04* $ Yes No 3/04 TNW for the quarter ending 6/30/04** $ Yes No * For the quarter ending March 31, 2004, Borrower will have a Tangible Net Worth of at least the 12/03 TNW plus 50% of Borrower’s net income earned during the fiscal quarter ending December 31, 2003, with no adjustments for losses (“3/04 TNW”). { } Loan proceeds ** For the quarter ending June 30, 2004, Borrower (will have a Tangible Net Worth equal to the 3/04 TNW plus 50% of Borrower’s net income earned during the quarter ending March 31, 2004, with no adjustments for losses. Borrower only has deposit accounts located at the following institutions: . Comments Regarding Exceptions: See Attached. BANK USE ONLY Received by: Sincerely, AUTHORIZED SIGNER AT ROAD Date) Silicon Valley Bank (: Verified: AUTHORIZED SIGNER SIGNATURE Date) Account Officer’s Signature: TITLE Compliance Status: Yes No DATE
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 Obligations Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the ObligationsIndebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the ObligationsIndebtedness. 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. Unless expressly released herein, no 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. CROSSWORLDS SOFTWARE, INC. SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx :________________________ By: /s/ Kxxxx Xxxxxxxx :________________________ Name: Cxxxx Xxxxxx :______________________ Name: Kxxxx Xxxxxxxx :______________________ Title: Manager :_____________________ Title: Senior Vice President :_____________________ [LOGO] SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: A Smart Move L.L.C. Crossworlds Software, Inc. LOAN OFFICER: Kxxxx Xxxxxxxx Xxxx Xxxxxxxxxx DATE: June September 21, 2005 1999 Documentation Fee $ $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. { } Loan proceeds _______________________________________ Borrower (Date) Silicon Valley Bank (Date) Account Officer’s Signature)
Appears in 1 contract
Samples: Loan Modification Agreement (Crossworlds Software Inc)
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. BankLender’s agreement to modifications to the existing Obligations Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the ObligationsIndebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the ObligationsIndebtedness. 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. Unless expressly released herein, no 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. This Loan Modification Agreement is executed as of the date first written above. BORROWERBORROWERS: BANKMANUGISTICS GROUP, INC. By: A SMART MOVE L.L.C. /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 LENDER: SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx By: /s/ Kxxxx Mxxxx Xxxxxxxx Name: Cxxxx Xxxxxx Name: Kxxxx Mxxxx Xxxxxxxx Title: Manager Title: Senior Vice President EXHIBIT C COMPLIANCE CERTIFICATE TO: SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER3000 Xxxxxx Xxxxx Xxxxx Xxxxx, XX 00000 FROM: A Smart Move L.L.C. LOAN OFFICER: Kxxxx Xxxxxxxx DATE: June 21MANUGISTICS GROUP, 2005 Documentation Fee $ 250.00 TOTAL FEE DUE $ 250.00 INC. The undersigned authorized officer of Manugistics Group, Inc. (“Company”) certifies that under the terms and conditions of the Loan and Security Agreement between Borrowers and Bank (the “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 determined not just at the date this certificate is delivered. Please indicate the method of payment: { } A check for the total amount is attached. { } Debit DDA # for the total amount. { } Loan proceeds Borrower (Date) Silicon Valley Bank (Date) Account Officer’s Signaturecompliance status by circling Yes/No under “Complies” column.
Appears in 1 contract
Samples: Second 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 '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 Obligations Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the ObligationsIndebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the ObligationsIndebtedness. 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. 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. BANK CORILLIAN CORPORATION SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx By: /s/ Kxxxx Xxxxxxxx --------------------------------- ------------------------------------ Name: Cxxxx Xxxxxx Name: Kxxxx Xxxxxxxx ------------------------------- ---------------------------------- Title: Manager Title: Senior Vice President ------------------------------ --------------------------------- [LOGO] SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: A Smart Move L.L.C. CORILLIAN CORPORATION LOAN OFFICER: Kxxxx Xxxxxxxx XXX XXXXXXX DATE: June 21DECEMBER 26, 2005 Documentation Fee $ 2000 DOCUMENTATION FEE 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. { } Loan proceeds Borrower (Date) Silicon Valley Bank (Date) Account Officer’s Signature======= PLEASE INDICATE THE METHOD OF PAYMENT:
Appears in 1 contract
Samples: Security Agreement (Corillian 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 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 Obligations Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the ObligationsIndebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the ObligationsIndebtedness. 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. 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. SENTO CORPORATION SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx By: /s/ Kxxxx Xxxxxxxx Name: Cxxxx Xxxxxx Name: Kxxxx Xxxxxxxx Title: Manager Title: Senior Vice President SENTO TECHNICAL SERVICES CORPORATION By: Name: Title: SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: A Smart Move L.L.C. SENTO CORPORATION SENTO TECHNICAL SERVICES CORPORATION LOAN OFFICER: Kxxxx Xxxxxxxx Xxx X. Xxxxxxx DATE: June 2127, 2005 2002 Documentation Fee $ 250.00 TOTAL FEE DUE $ 250.00 Please indicate the method of payment: { } A check for the total amount is attached. { } Debit DDA DDA# for the total amount. { } Loan proceeds Borrower (Date) Silicon Valley Bank (Date) Account Officer’s SignatureSignature COMPLIANCE CERTIFICATE TO: SILICON VALLEY BANK 0000 Xxxxxx Xxxxx Xxxxx Xxxxx, 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”) certifies that under the terms and conditions of the Loan and Security Agreement between Borrower and Bank (the “Agreement”), (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 Interim consolidated financial statements + CC Monthly within 30 days Yes No 10-Q, 10-K Within 5 days after filing with SEC Yes No A/R, A/P & BBC Monthly within 20 days Yes No A/R Audit Annually Yes No
Appears in 1 contract
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 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 Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Obligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Obligations. 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. 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. PHARSIGHT CORPORATION SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx By: /s/ Kxxxx Xxxxxxxx Name: Cxxxx Xxxxxx Name: Kxxxx Xxxxxxxx Title: Manager Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: A Smart Move L.L.C. PHARSIGHT CORPORATION LOAN OFFICER: Kxxxx Xxxxxxxx Xxx Xxxxxxx DATE: June 2126, 2005 2002 Documentation Fee $ $250.00 TOTAL FEE DUE $ $250.00 Please indicate the method of payment: { } o A check for the total amount is attached. { } o Debit DDA # __________________ for the total amount. { } o Loan proceeds Borrower (Date) Silicon Valley Bank (Date) Account Officer’s Signature
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. effect Bank’s 's agreement to modifications to the existing Obligations Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the ObligationsIndebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the ObligationsIndebtedness. 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. Unless expressly released herein, no 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. ALTEON NETWORKS, INC. SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx Xxxxx Xxxx By: /s/ Kxxxx Xxxxxxxx Xxxxxx Xxxxxx ------------------------------ ------------------------------ Name: Cxxxx Xxxxxx Xxxxx Xxxx Name: Kxxxx Xxxxxxxx Xxxxxx Xxxxxx ---------------------------- --------------------------- Title: Manager Corporate Controller Title: Senior Asst. Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: A Smart Move L.L.C. LOAN OFFICER: Kxxxx Xxxxxxxx DATE: June 21, 2005 Documentation Fee $ 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. { } Loan proceeds Borrower (Date) Silicon Valley Bank (Date) Account Officer’s Signature--------------------------- ---------------------------
Appears in 1 contract
Samples: Loan Modification 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 Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Obligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Obligations. 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. 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. ALEXZA MOLECULAR DELIVERY CORPORATION SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx X. Xxxxxxxxxxx By: /s/ Kxxxx Xxxxxxxx Mxxxx Xxxxx Name: Cxxxx Xxxxxx X. Xxxxxxxxxxx Name: Kxxxx Xxxxxxxx Mxxxx Xxxxx Title: Manager CFO and VP, Business Development Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: A Smart Move L.L.C. LOAN OFFICER: Kxxxx Xxxxxxxx DATE: June 21MODIFICATION AGREEMENT This Loan Modification Agreement is entered into as of March 18, 2005 Documentation Fee $ 250.00 TOTAL FEE DUE $ 250.00 Please indicate 2004 by and between Alexza Molecular Delivery Corporation (the method of payment: { } A check for the total amount is attached. { } Debit DDA # for the total amount. { } Loan proceeds Borrower (Date“Borrower”) and Silicon Valley Bank (Date) Account Officer’s Signature“Bank”).
Appears in 1 contract
Samples: Loan Modification Agreement (Alexza Pharmaceuticals 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 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 Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Obligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Obligations. 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. Unless expressly released herein, no 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. SVB/Portal Player CFD (Loan Modification Agreement) 3 This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. PORTALPLAYER, INC. SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx Xxxxx-Xxxx Xxxxxxx By: /s/ Kxxxx Xxxxxxxx Xxxxxx Xxxxxxxxxxxxxxx Name: Cxxxx Xxxxxx Xxxxx-Xxxx Xxxxxxx Name: Kxxxx Xxxxxxxx Xxxxxx Xxxxxxxxxxxxxxx Title: Manager VP – Finance, CFO Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWERSVB/Portal Player CFD (Loan Modification Agreement) 4 COMPLIANCE CERTIFICATE To: A Smart Move L.L.C. LOAN OFFICER: Kxxxx Xxxxxxxx DATE: June 21, 2005 Documentation Fee $ 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. { } Loan proceeds Borrower (Date) 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. (Date“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) Account Officer’s Signatureand 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. REPORTING COVENANT REQUIRED COMPLIES 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, 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 FINANCIAL COVENANT REQUIRED ACTUAL Quick Ratio: 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 Minimum Tangible Net Worth 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 (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 '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 Obligations Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the ObligationsIndebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the ObligationsIndebtedness. 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. Unless expressly released herein, no 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. CROSSWORLDS SOFTWARE, INC. SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx :__________________________ By: /s/ Kxxxx Xxxxxxxx :____________________________ Name: Cxxxx Xxxxxx :________________________ Name: Kxxxx Xxxxxxxx :__________________________ Title: Manager :_______________________ Title: Senior Vice President :_________________________ [LOGO] SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: A Smart Move L.L.C. Crossworlds Software, Inc. LOAN OFFICER: Kxxxx Xxxxxxxx Xxxx Xxxxxxxxxx DATE: June 21October 18, 2005 1999 Documentation Fee $ $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. { } [ ] Loan proceeds ____________________________________ Borrower (Date) Silicon Valley Bank (Date) Account Officer’s Signature)
Appears in 1 contract
Samples: Loan Modification Agreement (Crossworlds Software Inc)
CONTINUING VALIDITY. Each 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 Second Amendment to Loan Modification and Security Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank’s agreement to modifications to the existing Obligations Indebtedness pursuant to this Second Amendment to Loan Modification and Security Agreement in no way shall obligate Bank to make any future modifications to the ObligationsIndebtedness. Nothing in this Second Amendment to Loan Modification and Security Agreement shall constitute a satisfaction of the ObligationsIndebtedness. It is the intention of Bank and Borrower Borrowers to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. Unless expressly released herein, no No maker, endorser, or guarantor will be released by virtue of this Second Amendment to Loan Modification and Security Agreement. The terms of this paragraph apply not only to this Second Amendment to Loan Modification and Security Agreement, but also to all subsequent amendments to loan modification agreementsand security agreement. This Second Amendment to Loan Modification and Security Agreement is executed as of the date first written above. BORROWERBORROWERS: MANUGISTICS GROUP, INC. 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 BANK: A SMART MOVE L.L.C. SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx By: /s/ Kxxxx Mxxxx Xxxxxxxx Name: Cxxxx Xxxxxx Name: Kxxxx Mxxxx Xxxxxxxx Title: Manager Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: A Smart Move L.L.C. LOAN OFFICER: Kxxxx Xxxxxxxx DATE: June 21, 2005 Documentation Fee $ 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. { } Loan proceeds Borrower (Date) Silicon Valley Bank (Date) Account Officer’s SignaturePresident
Appears in 1 contract
Samples: Loan and Security 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 '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 Obligations Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the ObligationsIndebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the ObligationsIndebtedness. 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. 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. CROSSWORLDS SOFTWARE, INC. SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx Xxxxx Xxxxx By: /s/ Kxxxx Xxx Xxxxxxxx ----------------------- ------------------- Name: Cxxxx Xxxxxx Xxxxx Xxxxx Name: Kxxxx Xxx Xxxxxxxx --------------------- ----------------- Title: Manager SVP & CFO Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: A Smart Move L.L.C. LOAN OFFICER: Kxxxx Xxxxxxxx DATE: June 21, 2005 Documentation Fee $ 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. { } Loan proceeds Borrower (Date) Silicon Valley Bank (Date) Account Officer’s SignatureRM -------------------- ----------------- LEGAL OK
Appears in 1 contract
Samples: Loan Modification Agreement (Crossworlds Software 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 '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 Obligations Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the ObligationsIndebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the ObligationsIndebtedness. 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. Unless expressly released herein, no 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. CARDIAC SCIENCE, INC. SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx Xxxxx X. Xxxxx By: /s/ Kxxxx Xxxxxx Xxxxxxxx --------------------------- ----------------------------- Name: Cxxxx Xxxxxx Xxxxx X. Xxxxx Name: Kxxxx Xxxxxx Xxxxxxxx ------------------------- ---------------------------- Title: Manager CFO Title: Senior Vice President VP ----------------------- --------------------------- INNOVATIVE PHYSICIAN SERVICES, INC. By: /s/ Xxxxx X. Xxxxx ------------------------- Name: Xxxxx X. Xxxxx ------------------------- Title: CFO ------------------------ COMPLIANCE CERTIFICATE TO: SILICON VALLEY BANK PRO FORMA INVOICE FOR 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. ("Borrower"), hereby certifies that in accordance with the terms and conditions of the LOAN CHARGES BORROWER: A Smart Move L.L.C. LOAN OFFICER: Kxxxx Xxxxxxxx DATE: June 21AND SECURITY AGREEMENT, 2005 Documentation Fee $ 250.00 TOTAL FEE DUE $ 250.00 Please indicate as modified from time to time, the method of payment: { } A check Borrower is in complete compliance for the total amount is attachedperiod ending of all required conditions and terms except as noted below. { } Debit DDA # for Attached herewith are the total amountrequired documents supporting the above certification. { } Loan proceeds Borrower The Officer further certifies that these are prepared in accordance with Generally Accepted Accounting Principles (DateGAAP) Silicon Valley Bank (Date) Account Officer’s Signatureand 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 (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing IndebtednessObligations, 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 Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Obligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Obligations. 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. 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. SYNAPTICS INCORPORATED SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx Rxxx X. Xxxxxxx By: /s/ Kxxxx Xxxxxxxx Txx Xxxxx Name: Cxxxx Xxxxxx Rxxx X. Xxxxxxx Name: Kxxxx Xxxxxxxx Title: Manager Txx Xxxxx Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR and Chief Financial Officer Title: Senior Vice President LOAN CHARGES BORROWER: A Smart Move L.L.C. LOAN OFFICER: Kxxxx Xxxxxxxx DATE: June 21MODIFICATION AGREEMENT This Loan Modification Agreement is entered into as of November 25, 2005 Documentation Fee $ 250.00 TOTAL FEE DUE $ 250.00 Please indicate 2002, by and between Synaptics Incorporated (the method of payment: { } A check for the total amount is attached. { } Debit DDA # for the total amount. { } Loan proceeds Borrower (Date“Borrower”) and Silicon Valley Bank (Date) Account Officer’s Signature‘“Bank”).
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 Obligations pursuant Consent by Lender to this Loan Modification Agreement in no way shall dxxx xxt waive Lender's right to strict pxxxxxxance of the obligation(s) as changed, nor obligate Bank Lender to make any future modifications to the Obligationschange in terms. Nothing in this Loan Modification Agreement shall will constitute a satisfaction of the Obligationsobligation(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. Unless expressly released herein, no maker, Any makxx xx 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. This Loan Modification Agreement is executed as of the date first written abovePRIOR TO SIGNING THIS AGREEMENT, BORROWER READ AND UNDERSTOXX XXX XHE PROVISIONS OF THIS AGREEMENT. BORROWER AGREES TO THE TERXX XX XXE AGREEMENT AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE AGREEMENT BORROWER: BANK: A SMART MOVE L.L.C. SILICON VALLEY BANK FOTOBALL U.S.A. INC. By: /s/ Cxxxx Xxxxxx ByDAVID G. FORSTER ------------------------------------ DAVID G. FORSTER, Vice Prexxxxxx/XXX DISBURSEMENT REQUEST AND AUTHORIZATION Borrower: /s/ Kxxxx Xxxxxxxx NameFotoball USA, Inc. Lender: Cxxxx Xxxxxx NameScripps Bank 3738 Ruffin Road Xxxxxxxxx Lending San Diego, CA 92123 9005 Complex Drive Xxx Xxxxx, XX 00000 XXXX XXXX. Xxxx xx x Xxxiable date (0.750% over Wall Street Journal Prime Rate as published In the Money Rates section. When a range of rate Is shown, the higher rate will be used., making an initial rate of 8.500%), Revolving Line of Credit Loan to a Corporation for $3,000,000.00 due on April 15, 2000. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for: Kxxxx Xxxxxxxx Title--- Personal, Family, or Household Purposes or Personal Investment. X Business (Including Real Estate Investment). --- SPECIFIC PURPOSE. The specific purpose of this loan is: Manager Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: A Smart Move L.L.C. LOAN OFFICER: Kxxxx Xxxxxxxx INCREASE LINE OF CREDIT AND EXTEND MATURIITY DATE: June 21, 2005 Documentation Fee $ 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. { } Loan proceeds Borrower (Date) Silicon Valley Bank (Date) Account Officer’s Signature.
Appears in 1 contract
Samples: Loan Agreement (Fotoball Usa Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) Seller understands and agrees that in modifying the ------------------- existing Indebtedness, Bank Buyer is relying upon Borrower’s Seller's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Factoring Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank’s Buyer's agreement to modifications to the existing Obligations Indebtedness pursuant to this Loan Factoring Modification Agreement in no way shall obligate Bank Buyer to make any future modifications to the ObligationsIndebtedness. Nothing in this Loan Factoring Modification Agreement shall constitute a satisfaction of the ObligationsIndebtedness. It is the intention of Bank Buyer and Borrower Seller to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Buyer in writing. Unless expressly released herein, no No maker, endorser, or guarantor will be released by virtue of this Loan Factoring Modification Agreement. The terms of this paragraph apply not only to this Loan Factoring Modification Agreement, but also to all any subsequent loan factoring modification agreements. This Loan Factoring Modification Agreement is executed as of the date first written above. BORROWERSELLER: BANKBUYER: A SMART MOVE L.L.C. Forecross Corporation SILICON VALLEY BANK FINANCIAL SERVIES, a division of Silicon Valley Bank By:/s/ Bernxxxxxx X. Xxxxxxxx By: /s/ Cxxxx Xxxxxx ByLee Xxxxxxx ------------------------ ------------------- Name: /s/ Kxxxx Bernxxxxxx x. Xxxxxxxx Name: Cxxxx Xxxxxx Name: Kxxxx Xxxxxxxx Lee Xxxxxxx ------------------------ ------------------- Title: Manager Sr. Vice President & CFO Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER---------------------------- ----------------------- [Guarantor consents to the modifications to the Indebtedness pursuant to this Factoring Modification Agreement, hereby ratifies the provisions of the Guaranty and confirms that all provisions of that document are in full force and effect.] GUARANTOR: A Smart Move L.L.C. LOAN OFFICERs/ Bernxxxxxx X. Xxxxxxxx Date: Kxxxx Xxxxxxxx DATE: June 21, 2005 Documentation Fee $ 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. { } Loan proceeds Borrower (Date) Silicon Valley Bank (Date) Account Officer’s Signature1-15-98 ---------------------------- -------
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 Obligations Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the ObligationsIndebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the ObligationsIndebtedness. 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. Unless expressly released herein, no 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. CROSSWORLDS SOFTWARE, INC. SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx :______________________ By: /s/ Kxxxx Xxxxxxxx :____________________ Name: Cxxxx Xxxxxx :____________________ Name: Kxxxx Xxxxxxxx :__________________ Title: Manager :___________________ Title: Senior Vice President :_________________ SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: A Smart Move L.L.C. Crossworlds Software, Inc. LOAN OFFICER: Kxxxx Xxxxxxxx Xxxx Xxxxxxxxxx DATE: June 21October 22, 2005 1999 Documentation Fee $ $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. { } Loan proceeds ________________________________________ Borrower (Date) Silicon Valley Bank (Date) Account Officer’s Signature)
Appears in 1 contract
Samples: Loan Modification Agreement (Crossworlds Software 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 '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 Obligations Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the ObligationsIndebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the ObligationsIndebtedness. 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. Unless expressly released herein, no 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. ABOVENET COMMUNICATIONS, INC. SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx KEVIX XXXLIGAN By: /s/ Kxxxx Xxxxxxxx [ILLEGIBLE] ---------------------------------- ---------------------------------- Name: Cxxxx Xxxxxx Kevix Xxxligan Name: Kxxxx Xxxxxxxx Title: Manager Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: A Smart Move L.L.C. LOAN OFFICER: Kxxxx Xxxxxxxx DATE: June 21, 2005 Documentation Fee $ 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. { } Loan proceeds Borrower (Date) Silicon Valley Bank (Date) Account Officer’s Signature[ILLEGIBLE] -------------------------------- --------------------------------
Appears in 1 contract
Samples: Loan Modification Agreement (Abovenet Communications 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 '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. Bank’s Lender's agreement to modifications to modify the existing Obligations Loan Agreement pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the ObligationsLoan Agreement or the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the ObligationsIndebtedness. 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. Unless expressly released herein, no 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANKLENDER: A SMART MOVE L.L.C. FRANKLIN OPHTHALMIC SILICON VALLEY BANK INSTRUMENTS CO., INC. /S/ /S/ By: /s/ Cxxxx Xxxxxx Mxxxxxx X. Xxxxxxx By: /s/ Kxxxx Xxxxxxxx Mxxx Xxxxxxx Name: Cxxxx Xxxxxx Mxxxxxx X. Xxxxxxx Name: Kxxxx Xxxxxxxx Mxxx Xxxxxxx Title: Manager President & CEO Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWERThe 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: A Smart Move L.L.C. LOAN OFFICER/S/ ___________________________ MXXXXXX X. XXXXXXX Dated: Kxxxx Xxxxxxxx DATEAugust 14, 1997 GUARANTOR: June 21/S/ ___________________________ BXXXX XXXXXXX Dated: August 14, 2005 Documentation Fee $ 250.00 TOTAL FEE DUE $ 250.00 Please indicate the method 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 Loan Modification Agreement Pursuant to your request, and with regard to that certain Second Loan Modification Agreement dated as of payment: { } A check for the total amount is attached. { } Debit DDA # for the total amount. { } Loan proceeds Borrower August 7, 1997 (Datethis "Modification"), by and between Franklin Ophthalmic Instruments Co., Inc. ("Borrower") and Silicon Valley Bank (Date"Bank"), paragraph 2(C) Account Officer’s Signatureis hereby amended to read, in its entirety, as follows:
Appears in 1 contract
Samples: Second 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 '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 Obligations Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the ObligationsIndebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the ObligationsIndebtedness. 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. Unless expressly released herein, no 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. ART TECHNOLOGY GROUP, INC. SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx /S/ XXXX XXXXX By: /s/ Kxxxx Xxxxxxxx XXXX XXXXXXXXX ------------------------ ------------------------ Name: Cxxxx Xxxxxx Xxxx Xxxxx Name: Kxxxx Xxxxxxxx Xxxx Xxxxxxxxx Title: Manager President & CEO Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: A Smart Move L.L.C. LOAN OFFICER: Kxxxx Xxxxxxxx DATE: June 21, 2005 Documentation Fee $ 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. { } Loan proceeds Borrower (Date) Silicon Valley Bank (Date) Account Officer’s SignatureAVP
Appears in 1 contract
Samples: Loan Modification Agreement (Art Technology Group 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 '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 Lender's agreement to modifications to the existing Obligations Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the ObligationsIndebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the ObligationsIndebtedness. 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. Unless expressly released herein, no 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANKLENDER: A SMART MOVE L.L.C. QUICKLOGIC CORPORATION SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx By: /s/ Kxxxx Xxxxxxxx __________________________ ____________________________ Name: Cxxxx Xxxxxx Name: Kxxxx Xxxxxxxx Name ________________________ ____________________________ Title: Manager Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR _______________________ __________________________ LOAN CHARGES BORROWER: A Smart Move L.L.C. LOAN OFFICER: Kxxxx Xxxxxxxx DATE: June 21MODIFICATION AGREEMENT This Loan Modification Agreement is entered into as of November 13, 2005 Documentation Fee $ 250.00 TOTAL FEE DUE $ 250.00 Please indicate the method of payment: { } A check for the total amount 1996, by and between QuickLogic Corporation ("Borrower") whose address is attached. { } Debit DDA # for the total amount. { } Loan proceeds Borrower (Date) 0000 Xxxxxx Xxxx Xxxx 000X, Xxxxx Xxxxx, XX 00000, and Silicon Valley Bank (Date"Bank" and sometimes referred to as "Lender") Account Officer’s Signaturewhose address is 0000 Xxxxxx Xxxxx, Xxxxx Xxxxx, XX 00000.
Appears in 1 contract
Samples: Loan Modification Agreement (Quicklogic Corporation)
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 Obligations Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the ObligationsIndebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the ObligationsIndebtedness. 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. Unless expressly released herein, no 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. APPLIED IMAGING CORP. SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx By: /s/ Kxxxx Xxxxxxxx ----------------------- -------------------------- Name: Cxxxx Xxxxxx Name: Kxxxx Xxxxxxxx --------------------- ------------------------ Title: Manager Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: A Smart Move L.L.C. LOAN OFFICER: Kxxxx Xxxxxxxx DATE: June 21, 2005 Documentation Fee $ 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. { } Loan proceeds Borrower (Date) Silicon Valley Bank (Date) Account Officer’s Signature-------------------- ----------------------- APPLIED IMAGING INTERNATIONAL LIMITED
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 Obligations Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the ObligationsIndebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the ObligationsIndebtedness. 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. Unless expressly released herein, no 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. EXODUS COMMUNICATIONS, INC. SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx Xxxx Xxxxx By: /s/ Kxxxx Xxxxxxxx Xxxxxxx Xxxxxxx Name: Cxxxx Xxxxxx Xxxx Xxxxx Name: Kxxxx Xxxxxxxx Xxxxxxx Xxxxxxx Title: Manager Vice President, Finance Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: A Smart Move L.L.C. LOAN OFFICER: Kxxxx Xxxxxxxx DATE: June 21, 2005 Documentation Fee $ 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. { } Loan proceeds Borrower (Date) Silicon Valley Bank (Date) Account Officer’s SignaturePresident
Appears in 1 contract
Samples: Loan Modification Agreement (Exodus Communications 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 Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Obligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Obligations. 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. 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. ROXIO, INC. SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx Nand Xxxxxxxx By: /s/ Kxxxx Xxxxx X. Xxxxxx Name: Nand Xxxxxxxx Name: Cxxxx Xxxxx X. Xxxxxx Title: CFO Title: Vice President The undersigned hereby consent to the modifications to the Obligations pursuant to this Loan Modification Agreement, hereby ratifies all the provisions of the Guaranty and confirms that all provisions of that document are in full force and effect. GUARANTOR: NAPSTER, LLC By: /s/ Xxxxxxx X. Xxxxxxx, Xx. Date: 6 - 8 - 2004 Name: Kxxxx Xxxxxxxx Xxxxxxx, Xxxxxxx Title: Manager Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: A Smart Move L.L.C. LOAN OFFICER: Kxxxx Xxxxxxxx DATE: June 21, 2005 Documentation Fee $ 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. { } Loan proceeds Borrower (Date) Silicon Valley Bank (Date) Account Officer’s SignatureGeneral Counsel
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 Obligations Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the ObligationsIndebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the ObligationsIndebtedness. 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. Unless expressly released herein, no 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. ALTEON NETWORKS, INC. SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx Xxxxx Xxxx By: /s/ Kxxxx Xxxxxxxx Xxxxxx Xxxxxx -------------------------- -------------------------- Name: Cxxxx Xxxxxx Xxxxx Xxxx Name: Kxxxx Xxxxxxxx Xxxxxx Xxxxxx ------------------------ ------------------------ Title: Manager Corporate Controller Title: Senior Asst. Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: A Smart Move L.L.C. LOAN OFFICER: Kxxxx Xxxxxxxx DATE: June 21, 2005 Documentation Fee $ 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. { } Loan proceeds Borrower (Date) Silicon Valley Bank (Date) Account Officer’s Signature----------------------- -----------------------
Appears in 1 contract
Samples: Loan Modification 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 '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 Obligations Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the ObligationsIndebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the ObligationsIndebtedness. 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. Unless expressly released herein, no 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. INTERWOVEN, INC. SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx By: /s/ Kxxxx Xxxxxxxx ------------------------- ---------------------------- Name: Cxxxx Xxxxxx Name: Kxxxx Xxxxxxxx ----------------------- -------------------------- Title: Manager Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR ---------------------- ------------------------- LOAN CHARGES BORROWER: A Smart Move L.L.C. LOAN OFFICER: Kxxxx Xxxxxxxx DATE: June 21MODIFICATION AGREEMENT This Loan Modification Agreement is entered into as of December 11, 2005 Documentation Fee $ 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. { } Loan proceeds Borrower 1998, by and between Interwoven, Inc. (Date"Borrower") and Silicon Valley Bank (Date) Account Officer’s Signature"Bank").
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 Obligations indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the ObligationsIndebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the ObligationsIndebtedness. 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. 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANKSILICON: A SMART MOVE L.L.C. DIGIRAD CORPORATION SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx Xxxxx Xxxxxxxx By: /s/ Kxxxx Xxxxx X. Xx Xxxxx ---------------------------- --------------------------------- Name: Xxxxx Xxxxxxxx Name: Cxxxx Xxxxxx Name: Kxxxx Xxxxxxxx Xxxxx X. Xx Xxxxx ---------------------------- --------------------------------- Title: Manager CFO Title: Senior Vice President ---------------------------- --------------------------------- SILICON VALLEY BANK PRO FORMA INVOICE FOR AMENDMENT TO LOAN CHARGES AGREEMENT BORROWER: A Smart Move L.L.C. LOAN OFFICERDIGIRAD CORPORATION DATED: Kxxxx Xxxxxxxx DATE: June 21JULY 31, 2005 Documentation Fee $ 250.00 TOTAL FEE DUE $ 250.00 Please indicate 2001 THIS AMENDMENT TO LOAN DOCUMENTS is entered into between SILICON VALLEY BANK ("Silicon") and the method of payment: { } A check for borrower named above (the total amount is attached"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"). { } Debit DDA # for The Parties agree to amend the total amount. { } Existing Loan proceeds Borrower (Date) Silicon Valley Bank (Date) Account Officer’s SignatureDocuments, as follows:
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 Obligations Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the ObligationsIndebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the ObligationsIndebtedness. 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. Unless expressly released herein, no 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. PLACEWARE, INC. SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx By: /s/ Kxxxx Xxxxxxxx __________________________________ ________________________________ Name: Cxxxx Xxxxxx Name: Kxxxx Xxxxxxxx ________________________________ ______________________________ Title: Manager Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR _______________________________ _____________________________ LOAN CHARGES BORROWER: A Smart Move L.L.C. LOAN OFFICER: Kxxxx Xxxxxxxx DATE: June 21MODIFICATION AGREEMENT This Loan Modification Agreement is entered into as of January 24, 2005 Documentation Fee $ 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. { } Loan proceeds Borrower 2000, by and between Placeware, Inc. (Date"Borrower") and Silicon Valley Bank (Date) Account Officer’s Signature"Bank").
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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 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 Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Obligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Obligations. 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. 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. SYNAPTICS INCORPORATED SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx /s/Rxxx X. Xxxxxxx By: /s/ Kxxxx Xxxxxxxx Txx Xxxxx Name: Cxxxx Xxxxxx Rxxx X. Xxxxxxx Name: Kxxxx Xxxxxxxx Title: Manager Txx Xxxxx Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR and Chief Financial Officer Title: Senior Relationship Manager LOAN CHARGES BORROWER: A Smart Move L.L.C. LOAN OFFICER: Kxxxx Xxxxxxxx DATE: June 21MODIFICATION AGREEMENT This Loan Modification Agreement is entered into as of November 19, 2005 Documentation Fee $ 250.00 TOTAL FEE DUE $ 250.00 Please indicate 2003, by and between Synaptics Incorporated (the method of payment: { } A check for the total amount is attached. { } Debit DDA # for the total amount. { } Loan proceeds Borrower (Date“Borrower”) and Silicon Valley Bank (Date) Account Officer’s Signature‘“Bank”).
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 AgreementAgreement , the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank’s 's agreement to modifications to the existing Obligations Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the ObligationsIndebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the ObligationsIndebtedness. 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. 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANKSILICON: A SMART MOVE L.L.C. DIGIRAD CORPORATION SILICON VALLEY BANK ByBy:/s/ Xxxxx Xxxxxxxx By:/s/ Xxxxx X. Xx Xxxxx ------------------------- ---------------------------- Name: /s/ Cxxxx Xxxxxx By: /s/ Kxxxx Xxxxx Xxxxxxxx Name: Cxxxx Xxxxxx Name: Kxxxx Xxxxxxxx Xxxxx X. Xx Xxxxx ------------------------- --------------------------- Title: Manager CFO Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR SVP ------------------------ -------------------------- LOAN CHARGES BORROWER: A Smart Move L.L.C. LOAN OFFICER: Kxxxx Xxxxxxxx DATE: June 21MODIFICATION AGREEMENT This Loan Modification Agreement is entered into as of April 26, 2005 Documentation Fee $ 250.00 TOTAL FEE DUE $ 250.00 Please indicate 2001, by and between Digirad Corporation (jointly and severally, the method of payment: { } A check for the total amount is attached. { } Debit DDA # for the total amount. { } Loan proceeds Borrower (Date"Borrower") and Silicon Valley Bank (Date) Account Officer’s Signature"Bank").
Appears in 1 contract
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtednessindebtedness, Bank Silicon 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 documents remain unchanged and in full force and effect. Bank’s Silicon's agreement to modifications to the existing Obligations indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Silicon to make any future modifications to the Obligationsindebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Obligationsindebtedness. It is the intention of Bank Silicon and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Silicon in writing. Unless expressly released herein, no 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANKSILICON: A SMART MOVE L.L.C. MISSION CRITICAL SOFTWARE, INC. SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx Xxxxx X. Xxxxxxxx By: /s/ Kxxxx Xxxxxx Xxxxxxx ----------------------------- ------------------------------- Name: Xxxxx X. Xxxxxxxx Name: Cxxxx Xxxxxx Name: Kxxxx Xxxxxxxx Xxxxxxx --------------------------- ----------------------------- Title: Manager President Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: A Smart Move L.L.C. LOAN OFFICER: Kxxxx Xxxxxxxx DATE: June 21, 2005 Documentation Fee $ 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. { } Loan proceeds Borrower (Date) Silicon Valley Bank (Date) Account Officer’s Signature-------------------------- ----------------------------
Appears in 1 contract
Samples: Loan Modification Agreement (Mission Critical Software 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 '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 Obligations Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the ObligationsIndebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the ObligationsIndebtedness. 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. Unless expressly released herein, no 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. QUICKLOGIC CORPORATION SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx XXXXXXX X. XXXXXX By: /s/ Kxxxx Xxxxxxxx XXXXX XXXX ---------------------- ---------------------- Name: Cxxxx Xxxxxx XXXXXXX X. XXXXXX Name: Kxxxx Xxxxxxxx XXXXX XXXX ---------------------- ---------------------- Title: Manager V.P., CFO Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: A Smart Move L.L.C. LOAN OFFICER: Kxxxx Xxxxxxxx DATE: June 21VP ---------------------- ---------------------- LIBOR SUPPLEMENT TO AGREEMENT This LIBOR Supplement to Agreement (the "Supplement") is a supplement to the Loan and Security Agreement (the "Agreement") dated as of August 8, 2005 Documentation Fee $ 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. { } Loan proceeds Borrower (Date) 1996, between Silicon Valley Bank (Date"Bank") Account Officer’s Signatureand Quicklogic Corporation ("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 Modification 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 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 Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Obligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Obligations. 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. 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. PHARSIGHT, INC. SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx By: /s/ Kxxxx Xxxxxxxx Name: Cxxxx Xxxxxx Name: Kxxxx Xxxxxxxx Title: Manager Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: A Smart Move L.L.C. PHARSIGHT, INC. LOAN OFFICER: Kxxxx Xxxxxxxx Xxx Xxxxxxx DATE: June 2118, 2005 2002 Domestic Loan Fee $12,500.00 Exim Loan Fee 22,500.00 Documentation Fee $ 250.00 Exim Application Fee 100.00 TOTAL FEE DUE $ 250.00 $35,350.00 Please indicate the method of payment: { } A check for the total amount is attached. { } Debit DDA # for the total amount. { } Loan proceeds Borrower (Date) Silicon Valley Bank (Date) Account Officer’s Signature:
Appears in 1 contract
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 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 Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Obligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Obligations. 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. 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. COMVERGE, INC. SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx Xxxxx Xxxx By: /s/ Kxxxx Xxxxxxxx Name: Cxxxx Xxxxxx Xxxxxx Name: Kxxxx Xxxxxxxx Xxxxx Xxxx Name: Xxxxxx Xxxxxx Title EVP Title Vice President The undersigned hereby consent to the modifications to the Obligations pursuant to this Loan Modification Agreement. COMVERGE ENERGY MANAGEMENT, INC. By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: Manager VP COMVERGE ENERGY PARTNERS, LTD. By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR VP 6D COMVERGE, INC. By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: VP LOAN CHARGES BORROWER: A Smart Move L.L.C. LOAN OFFICER: Kxxxx Xxxxxxxx DATE: June 21MODIFICATION AGREEMENT This Loan Modification Agreement is entered into as of September 24, 2005 Documentation Fee $ 250.00 TOTAL FEE DUE $ 250.00 Please indicate 2004, by and between Comverge, Inc. (the method of payment: { } A check for the total amount is attached. { } Debit DDA # for the total amount. { } Loan proceeds Borrower (Date“Borrower”) and Silicon Valley Bank (Date) Account Officer’s Signature‘Bank”).
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. BankLender’s agreement to modifications to the existing Obligations Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the ObligationsIndebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the ObligationsIndebtedness. 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. Unless expressly released herein, no 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. This Loan Modification Agreement is executed as of the date first written above. BORROWERBORROWERS: BANKMANUGISTICS GROUP, INC. By: A SMART MOVE L.L.C. /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 : MANUGISTICS ATLANTA, INC. By: /s/ Rxxxxxxx Xxxxxx Name: Rxxxxxxx Xxxxxx Title: Executive Vice President and Chief Financial Officer : LENDER: SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx By: /s/ Kxxxx Xxxxxxxx Megan Sheffel________________ Name: Cxxxx Xxxxxx Name: Kxxxx Xxxxxxxx Mxxxx Xxxxxxx Title: Manager Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: A Smart Move L.L.C. LOAN OFFICER: Kxxxx Xxxxxxxx DATE: June 21, 2005 Documentation Fee $ 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. { } Loan proceeds Borrower (Date) Silicon Valley Bank (Date) Account Officer’s SignaturePresident
Appears in 1 contract
Samples: Loan Modification Agreement (Manugistics Group 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 '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. Bank’s Lender's agreement to modifications to the existing Obligations Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the ObligationsIndebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the ObligationsIndebtedness. 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. Unless expressly released herein, no 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANKLENDER: A SMART MOVE L.L.C. REMEDY CORP. SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx GEORXX XX XXXXXXX By: /s/ Kxxxx Xxxxxxxx [SIG] ------------------------------- ------------------------------- Name: Cxxxx Xxxxxx Georxx xx Xxxxxxx Name: Kxxxx Xxxxxxxx Watexxxx ----------------------------- ----------------------------- Title: Manager Vice President of Finance Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR SVP ---------------------------- ---------------------------- EXHIBIT "A" SUPPLEMENT TO LOAN CHARGES BORROWER: A Smart Move L.L.C. LOAN OFFICER: Kxxxx Xxxxxxxx DATE: MODIFICATION AGREEMENT This supplement to Loan Modification Agreement (this "Agreement") is a supplement to the Loan Modification Agreement (the "Loan Modification Agreement") dated June 21, 2005 Documentation Fee $ 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. { } Loan proceeds Borrower (Date) 1996 between Silicon Valley Bank and Remedy Corp. (Date"Borrower") Account Officer’s Signatureand forms a part of and is incorporated into the Loan Modification Agreement.
Appears in 1 contract
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 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 Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Obligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Obligations. 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. 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. SYNAPTICS INCORPORATED SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx Rxxx X. Xxxxxxx By: /s/ Kxxxx Xxxxxxxx Txx Xxxxx Name: Cxxxx Xxxxxx Rxxx X. Xxxxxxx Name: Kxxxx Xxxxxxxx Txx Xxxxx Title: Manager Chief Financial Officer Title: Senior Vice President Relationship Manager SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: A Smart Move L.L.C. SYNAPTICS INCORPORATED LOAN OFFICER: Kxxxx Xxxxxxxx Txx Xxxxx DATE: June 215, 2005 2002 Documentation Fee $ $250.00 (Waived) TOTAL FEE DUE $ 250.00 $0.00 Please indicate the method of payment: { } A check for the total amount is attached. { } Debit DDA # for the total amount. { } Loan proceeds Borrower SYNAPTICS INCORPORATED (Date) /s/Txx Xxxxx Silicon Valley Bank (Date) Account Officer’s SignatureSignature LOAN MODIFICATION AGREEMENT This Loan Modification Agreement is entered into as of October 17, 2002, by and between Synaptics Incorporated (the “Borrower”) and Silicon Valley Bank (‘“Bank”).
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 Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Obligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Obligations. 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. 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. iPASS INC. SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx Donald McCauley By: /s/ Kxxxx Xxxxxxxx Heather Haxxxxxx ---------------------------------------- ---------------------------------------- Name: Cxxxx Xxxxxx Donald C. McCauley Name: Kxxxx Xxxxxxxx Heather Haxxxxxx -------------------------------------- -------------------------------------- Title: Manager VP AND Chief Financial Officer Title: Senior Vice President SVP ------------------------------------- ------------------------------------- [SILICON VALLEY BANK LOGO] SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: A Smart Move L.L.C. iPASS INC. LOAN OFFICER: Kxxxx Xxxxxxxx HEATHER HAMILTON DATE: June 21AUGUST 22, 2005 Documentation Fee $ 2002 XXXXXXXXXXXXX XEE $250.00 TOTAL FEE DUE $ $250.00 Please indicate the method of paymentPLEASE INDICATE THE METHOD OF PAYMENT: { } A check for the total amount is attachedCHECK FOR THE TOTAL AMOUNT IS ATTACHED. { } Debit DEBIT DDA # for __________________ FOR THE TOTAL AMOUNT. {X} LOAN PROCEEDS /S/ FRANK VERDECANNA 8/26/02 --------------------------------- BORROWXX (DATE) /S/ HEATHER HAMILTON 8/26/02 --------------------------------- SILICOX XXXXXX XXXX (DATE) ACCOUNT OFFICER'S SIGNATURE LOAN MODIFICATION AGREEMENT This Loan Modification Agreement is entered into as of January 17 , 2003, by and between iPASS Inc. (the total amount. { } Loan proceeds Borrower (Date"Borrower") and Silicon Valley Bank (Date) Account Officer’s Signature"Bank").
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 Obligations Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the ObligationsIndebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the ObligationsIndebtedness. 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. Unless expressly released herein, no 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. T/R SYSTEMS, INC. SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx Xxxx X. Xxxxxxx By: /s/ Kxxxx Xxxxxxxx Xxxx X. Xxxxxxx ------------------------------------- ----------------------------------------- Name: Cxxxx Xxxxxx Xxxx X. Xxxxxxx Name: Kxxxx Xxxxxxxx Title: Manager Xxxx X. Xxxxxxx ----------------------------------- --------------------------------------- Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWERand CFO Title: A Smart Move L.L.C. LOAN OFFICER: Kxxxx Xxxxxxxx DATE: June 21, 2005 Documentation Fee $ 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. { } Loan proceeds Borrower (Date) Silicon Valley Bank (Date) Account Officer’s SignatureSenior Vice President --------------------------------- --------------------------------------
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 Obligations Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the ObligationsIndebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the ObligationsIndebtedness. 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. Unless expressly released herein, no 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. INVENTA CORPORATION SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx [ILLEGIBLE]^^ By: /s/ Kxxxx Xxxxxxxx Xxxxxxx X. Xxxxx ------------------- ------------------------ Name: Cxxxx Xxxxxx [ILLEGIBLE]^^ Name: Kxxxx Xxxxxxxx Xxx Xxxxx ------------------- ------------------------ Title: Manager Controller Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR ------------------ ----------------------- LOAN CHARGES BORROWER: A Smart Move L.L.C. LOAN OFFICER: Kxxxx Xxxxxxxx DATE: MODIFICATION AGREEMENT This Loan Modification Agreement is entered into as of June 2122, 2005 Documentation Fee $ 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. { } Loan proceeds Borrower 1999, by and between Inventa Corporation (Date"Borrower") and Silicon Valley Bank a California-chartered bank (Date) Account Officer’s Signature"Bank").
Appears in 1 contract
Samples: Loan and Security Agreement (Inventa Technologies 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 '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 Obligations Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the ObligationsIndebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the ObligationsIndebtedness. 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. Unless expressly released herein, no 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. ACCRUE SOFTWARE, INC. SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx GREGXXX X. XXXXXX By: /s/ Kxxxx Xxxxxxxx R. BRYAX XXXXX -------------------------------- -------------------------------- Name: Cxxxx Gregxxx X. Xxxxxx Name: Kxxxx Xxxxxxxx R. Bryax Xxxxx -------------------------------- -------------------------------- Title: Manager CFO Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: A Smart Move L.L.C. LOAN OFFICER: Kxxxx Xxxxxxxx DATE: June 21, 2005 Documentation Fee $ 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. { } Loan proceeds Borrower (Date) Silicon Valley Bank (Date) Account Officer’s SignatureOfficer -------------------------------- --------------------------------
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 Obligations Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the ObligationsIndebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the ObligationsIndebtedness. 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. Unless expressly released herein, no 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. This Loan Modification Agreement is executed as of the date first written above. BORROWERBORROWERS: BANKMANUGISTICS GROUP, INC. By: A SMART MOVE L.L.C. /s/ Xxxxxxxx Xxxxxx ---------------------------------------- Name: Xxxxxxxx Xxxxxx Title: Chief Financial Officer MANUGISTICS, INC. By: /s/ Xxxxxxxx Xxxxxx ---------------------------------------- Name: Xxxxxxxx Xxxxxx Title: Chief Financial Officer MANUGISTICS ATLANTA, INC. By: /s/ Xxxxxxxx Xxxxxx ---------------------------------------- Name: Xxxxxxxx Xxxxxx Title: President LENDER: SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx By: /s/ Kxxxx Xxxxx Xxxxxxxx --------------------------------- Name: Cxxxx Xxxxxx Name: Kxxxx Xxxxx Xxxxxxxx Title: Manager Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: A Smart Move L.L.C. LOAN OFFICER: Kxxxx Xxxxxxxx DATE: June 21, 2005 Documentation Fee $ 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. { } Loan proceeds Borrower (Date) Silicon Valley Bank (Date) Account Officer’s SignatureVP
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 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 Obligations pursuant to this Loan Modification Agreement Amendment in no way shall obligate Bank to make any future modifications to the Obligations. Nothing in this Loan Modification Agreement Amendment shall constitute a satisfaction of the Obligations. 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. 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. THIS AMENDMENT AND THE EXISTING LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. PERFICIENT, INC. SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx By: /s/ Kxxxx Xxxxxxxx Name: Cxxxx Xxxxxx Name: Kxxxx Xxxxxxxx TitleIts: Manager TitleIts: Senior Vice President SILICON VALLEY BANK PERFICIENT CANADA, CORP. By: Name: Its: EXHIBIT A COMPLIANCE CERTIFICATE EXHIBIT B – Loan Supplement EXHIBIT F FORM OF LOAN AGREEMENT SUPPLEMENT EXHIBIT C – Form of Stock Power Certificate IRREVOCABLE STOCK POWER EXHIBIT D – Form of Joinder Agreement PRO FORMA INVOICE FOR - LOAN CHARGES BORROWER: MODIFICATION AGREEMENT EXHIBIT A Smart Move L.L.C. LOAN OFFICER: Kxxxx Xxxxxxxx DATE: June 21, 2005 Documentation Fee $ 250.00 TOTAL FEE DUE $ 250.00 Please indicate the method of payment: { } FORM OF LANDLORD’S CONSENT EXHIBIT B INTELLECTUAL PROPERTY SECURITY AGREEMENT EXHIBIT A check for the total amount is attached. { } Debit DDA # for the total amount. { } Loan proceeds Borrower (Date) Silicon Valley Bank (Date) Account Officer’s Signatureto Intellectual Property Security Agreement Copyrights EXHIBIT B to Intellectual Property Security Agreement Patents EXHIBIT C to Intellectual Property Security Agreement Trademarks EXHIBIT D to Intellectual Property Security Agreement Mask Works EXHIBIT C CORPORATE BORROWING RESOLUTION
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 Obligations Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the ObligationsIndebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the ObligationsIndebtedness. 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. Unless expressly released herein, no 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. MAXIM PHARMACEUTICALS, INC. SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx XXXXX X. XXXXXXXXX By: /s/ Kxxxx Xxxxxxxx XXXXX X. XXXXXXX Name: Cxxxx Xxxxxx Xxxxx X. Xxxxxxxxx Name: Kxxxx Xxxxxxxx Xxxxx X. Xxxxxxx Title: Manager President and CEO Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: A Smart Move L.L.C. LOAN OFFICER: Kxxxx Xxxxxxxx DATE: June 21, 2005 Documentation Fee $ 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. { } Loan proceeds Borrower (Date) Silicon Valley Bank (Date) Account Officer’s SignatureExhibit 10.3
Appears in 1 contract
Samples: Loan Modification Agreement (Maxim Pharmaceuticals Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) Seller understands and agrees that in modifying the ------------------- existing Indebtedness, Bank Buyer is relying upon Borrower’s Seller's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Factoring Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank’s Buyer's agreement to modifications to the existing Obligations Indebtedness pursuant to this Loan Factoring Modification Agreement in no way shall obligate Bank Buyer to make any future modifications to the ObligationsIndebtedness. Nothing in this Loan Factoring Modification Agreement shall constitute a satisfaction of the ObligationsIndebtedness. It is the intention of Bank Buyer and Borrower Seller to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Buyer in writing. Unless expressly released herein, no No maker, endorser, or guarantor will be released by virtue of this Loan Factoring Modification Agreement. The terms of this paragraph apply not only to this Loan Factoring Modification Agreement, but also to all any subsequent loan factoring modification agreements. This Loan Factoring Modification Agreement is executed as of the date first written above. BORROWERSELLER: BANKBUYER: A SMART MOVE L.L.C. Forecross Corporation SILICON VALLEY BANK FINANCIAL SERVIES, a division of Silicon Valley Bank By:/s/ Xxxxxxxxxx X. Xxxxxxxx By: /s/ Cxxxx Xxxxxx ByXxx Xxxxxxx ------------------------ ------------------- Name: /s/ Kxxxx Xxxxxxxxxx x. Xxxxxxxx Name: Cxxxx Xxxxxx Name: Kxxxx Xxxxxxxx Xxx Xxxxxxx ------------------------ ------------------- Title: Manager Sr. Vice President & CFO Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER---------------------------- ----------------------- [Guarantor consents to the modifications to the Indebtedness pursuant to this Factoring Modification Agreement, hereby ratifies the provisions of the Guaranty and confirms that all provisions of that document are in full force and effect.] GUARANTOR: A Smart Move L.L.C. LOAN OFFICERs/ Xxxxxxxxxx X. Xxxxxxxx Date: Kxxxx Xxxxxxxx DATE: June 21, 2005 Documentation Fee $ 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. { } Loan proceeds Borrower (Date) Silicon Valley Bank (Date) Account Officer’s Signature1-15-98 ---------------------------- -------
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 Obligations Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the ObligationsIndebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the ObligationsIndebtedness. 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. Unless expressly released herein, no 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANKLENDER: A SMART MOVE L.L.C. QUICKLOGIC CORPORATION SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx By: /s/ Kxxxx Xxxxxxxx ____________________________ ____________________________ Name: Cxxxx Xxxxxx Name: Kxxxx Xxxxxxxx __________________________ __________________________ Title: Manager Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR _________________________ _________________________ 2 LOAN CHARGES BORROWER: A Smart Move L.L.C. LOAN OFFICER: Kxxxx Xxxxxxxx DATE: MODIFICATION AGREEMENT This Loan Modification Agreement is entered into as of June 2124, 2005 Documentation Fee $ 250.00 TOTAL FEE DUE $ 250.00 Please indicate the method of payment: { } A check for the total amount 1996, by and between QuickLogic Corporation ("Borrower') whose address is attached. { } Debit DDA # for the total amount. { } Loan proceeds Borrower (Date) 0000 Xxxxxx Xxxx Xxxx, Xxxxx Xxxxx, XX 00000, and Silicon Valley Bank (Date"Lender") Account Officer’s Signaturewhose address is 0000 Xxxxxx Xxxxx, Xxxxx Xxxxx, XX 00000.
Appears in 1 contract
Samples: Loan Modification Agreement (Quicklogic Corporation)
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 Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Obligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Obligations. 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. 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. PHARSIGHT CORPORATION SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx Xxxxxxx Xxxxxxxx By: /s/ Kxxxx Xxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxx Name: Cxxxx Xxxxxx Name: Kxxxx Xxxxxxxx Title: Manager Xxxx Xxxxxxxxx Title: Senior Vice President & Chief Financial Officer Title: Relationship Manager SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: A Smart Move L.L.C. PHARSIGHT CORPORATION LOAN OFFICER: Kxxxx Xxxxxxxx Xxxx Xxxxxxxxx DATE: June 21May 26, 2005 Documentation Fee $ 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. { } Loan proceeds /s/ Xxxxxxx Xxxxxxxx May 25, 2005 Borrower (Date) /s/ Xxxx Xxxxxxxxx May 26, 2005 Silicon Valley Bank (Date) Account Officer’s SignatureSignature (Date)
Appears in 1 contract
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing ------------------- below) understands and agrees that in modifying the existing Indebtedness, Bank Silicon 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 Silicon's agreement to modifications to the existing Obligations Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Silicon to make any future modifications to the ObligationsIndebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the ObligationsIndebtedness. It is the intention of Bank Silicon and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Silicon in writing. Unless expressly released herein, no 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANKSILICON: A SMART MOVE L.L.C. VITESSE SEMICONDUCTOR CORPORATION SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx Xxxxxxx By:_____________________________ --------------------------- Name: Xxxxxx Xxxxxxx Name:___________________________ ------------------------- Title: Vice President Title:__________________________ ------------------------ Acknowledged and agreed: VITESSE MANUFACTURING & DEVELOPMENT CORPORATION By: /s/ Kxxxx Xxxxxxxx Xxxxxx Xxxxxxx ----------------------------- Name: Cxxxx Xxxxxx Name: Kxxxx Xxxxxxxx Xxxxxxx --------------------------- Title: Manager Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: A Smart Move L.L.C. LOAN OFFICER: Kxxxx Xxxxxxxx DATE: June 21, 2005 Documentation Fee $ 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. { } Loan proceeds Borrower (Date) Silicon Valley Bank (Date) Account Officer’s SignatureSecretary -------------------------- VITESSE SEMICONDUCTOR SALES CORP.
Appears in 1 contract
Samples: Loan Modification Agreement (Vitesse Semiconductor Corp)
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 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 Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Obligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Obligations. 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. 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: A SMART MOVE L.L.C. PHARSIGHT CORPORATION SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx XXXXXXX XXXX By: /s/ Kxxxx Xxxxxxxx X.X. XXXXX Name: Cxxxx Xxxxxx Xxxxxxx Xxxx Name: Kxxxx Xxxxxxxx Xxxxx X. Xxxxx Title: Manager Vice President, Finance Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: A Smart Move L.L.C. PHARSIGHT CORPORATION LOAN OFFICER: Kxxxx Xxxxxxxx Xxx Xxxxxxx DATE: June 2126, 2005 2002 Documentation Fee $ $250.00 TOTAL FEE DUE $ $250.00 Please indicate the method of payment: { } o A check for the total amount is attached. { } o Debit DDA # __________________ for the total amount. { } o Loan proceeds Borrower (Date) Silicon Valley Bank (Date) Account Officer’s Signature
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 '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 Lender's agreement to modifications to the existing Obligations Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the ObligationsIndebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the ObligationsIndebtedness. 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. Unless expressly released herein, no 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANKLENDER: A SMART MOVE L.L.C. AURUM SOFTWARE, INC. SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx Xxxxx X. Xxxx By: /s/ Kxxxx Xxxxxxxx Xxxxxxx Xxxxxx --------------------------- ---------------------------------- Name: Cxxxx Xxxxxx Xxxxx X. Xxxx Name: Kxxxx Xxxxxxxx Xxxxxxx Xxxxxx ------------------------- -------------------------------- Title: Manager CFO Title: Senior Vice President ------------------------ ------------------------------- COMPLIANCE CERTIFICATE To: SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWERFrom: A Smart Move L.L.C. LOAN OFFICER: Kxxxx Xxxxxxxx DATE: June 21AURUM SOFTWARE, 2005 Documentation Fee $ 250.00 TOTAL FEE DUE $ 250.00 INC. Credit Department 0000 Xxxxxx Xxxxx Xxxxx Xxxxx, XX 00000 The undersigned authorized Officer of Aurum Software, Inc. ("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 the method of payment: { } A check for the total amount is attached. { } Debit DDA # for the total amount. { } Loan proceeds Borrower (Date) Silicon Valley Bank (Date) Account Officer’s Signaturecompliance status by circling Yes/No under "Complies" column.
Appears in 1 contract
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 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 Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Obligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Obligations. 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. 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. This Loan Modification Agreement is executed as of the date first written above. BORROWER: PERFICIENT, INC. By: Name: Title: PERFICIENT CANADA, CORP. By: Name: Title: PERFICIENT GENISYS, INC. By: Name: Title: PERFICIENT MERITAGE, INC. By: Name: Title: BANK: A SMART MOVE L.L.C. SILICON VALLEY BANK By: /s/ Cxxxx Xxxxxx By: /s/ Kxxxx Xxxxxxxx Name: Cxxxx Xxxxxx Name: Kxxxx Xxxxxxxx Title: Manager Title: Senior Vice President SILICON VALLEY BANK PRO FORMA INVOICE FOR LOAN CHARGES BORROWER: A Smart Move L.L.C. Perficient, Inc., Perficient Canada, Corp., Perficient Genisys, Inc. and Perficient Meritage, Inc. LOAN OFFICER: Kxxxx Xxxxxxxx Xxxxxxx Xxxxxx DATE: June 21September 28, 2005 2004 Documentation Fee $ 250.00 TOTAL FEE DUE $ 250.00 Please indicate the method of payment: { } o A check for the total amount is attached. { } o Debit DDA # for the total amount. { } o Loan proceeds Borrower (Date) Silicon Valley Bank (Date) Account Officer’s Signature
Appears in 1 contract
