COUNTERSIGNATURE. This Loan Modification Agreement shall become effective only when it shall have been executed by Borrower and Bank. [remainder of page intentionally left blank] This Loan Modification Agreement is executed as a sealed instrument under the laws of the Commonwealth of Massachusetts as of the date first written above. BORROWER: PICIS, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary, CFO PICIS US, INC., FORMERLY KNOWN XX XXXXXXX SYSTEMS MANAGEMENT, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary, Treasurer PICIS (WISCONSIN), INC. Xx: /x/ X. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Vice President, Secretary, Treasurer IBEX HEALXXXXXX XXXXEMS, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary BANK: SILICON VALLEY BANK, d/b/a SIXXXXX XXXXXY EAST By: /s/ [illegible signature] ------------------------------------- Name: Title: Vice President FOURTH LOAN MODIFICATION AGREEMENT This Fourth Loan Modification Agreement (this "LOAN MODIFICATION AGREEMENT') is entered into as of June 29, 2006, by and between SILICON VALLEY BANK, a California-chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan proxxxxxxx xxxxxx xxxxxxx xx Xxx Xxxxxx Xxxxxxxxx Xark, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462, doing business xxxxx xxx xxxx "Xxxxxxx Xxxxxx Xxxx" ("XXXX") xxx XICIS, INC., a Delaware corporation with offices at 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880, and PICIS (XXXXXXXXX), XXX. x Xxxxxxxxx xxxxxxxxxxx xxxx xxxxxxx xt 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880 (jointly anx xxxxxxxxx, xxxxxxxxxxxx xxx xxxxxxxxxxxx, "XXXXXXXX").
Appears in 2 contracts
Samples: Loan Modification Agreement (Picis Inc), Loan Modification Agreement (Picis Inc)
COUNTERSIGNATURE. This Loan Modification Agreement shall become effective only when it shall have been executed by Borrower and Bank. [remainder of page intentionally left blank] This Loan Modification Agreement is executed as a sealed instrument under the laws of the Commonwealth of Massachusetts as of the date first written above. BORROWER: PICIS, INC. By: /s/ R. ROBERT SCOTT LENTZ ------------------------------------- Name: R. Scotx Rxxxxx Xxxxx XxxleXxxxx Title: SecretaryTreasurer, CFO PICIS US, INC., FORMERLY KNOWN XXXXX XX XXXXXXX SYSTEMS MANAGEMENT, INC. By: /s/ R. ROBERT SCOTT LENTZ ------------------------------------- Name: R. Scotx Rxxxxx Xxxxx XxxleXxxxx Title: SecretaryTreasurer, Treasurer CFO PICIS (WISCONSIN), INC. Xx: /x/ X. XXXXXX XXOTT LENTZ ------------------------------------- Name: Rxxxxx Xxxxx Xxxxx Title: Treasurer, CFO IBEX HEALTHDATA SYSTEMS, XXX. Xx: /x/ XXXERT SCOTT LENTZ ------------------------------------- Name: R. Scotx Rxxxxx Xxxxx XxxleXxxxx Title: Vice PresidentTreasurer, Secretary, Treasurer IBEX HEALXXXXXX XXXXEMS, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary CFO BANK: SILICON VALLEY BANKBAXX, dx/bx/a SIXXXXX XXXXXY x XXXXXXX VALLEY EAST By: /s/ [illegible signature] DAVID G. RODRIGUEZ ------------------------------------- Name: Dxxxx X. Xxxxxxxxx Title: Vice President FOURTH THIRD LOAN MODIFICATION AGREEMENT This Fourth Third Loan Modification Agreement (this "LOAN MODIFICATION AGREEMENTLoan Modification Agreement') is entered into as of June 29December __, 20062005, by and between SILICON VALLEY BANK, a California-chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan proxxxxxxx xxxxxx xxxxxxx xx Xxx Xxxxxx Xxxxxxxxx Xark, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462, doing business xxxxx xxx xxxx "Xxxxxxx Xxxxxx Xxxx" ("XXXXXxxx") xxx XICIS, INC., a Delaware corporation with offices at 100 Quannapowitt Parkway, Wakefield, Massachusetts 01580, PICIS US, XXX., xxxxxxxx xxxxx xx XXXXXXX XXXXXXX XXXXXXXXXX, XXX., a Massachusetts corporation with offices at 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880, and PICIS (XXXXXXXXXWISXXXXXX), XXX. x Xxxxxxxxx xxxxxxxxxxx xxxx xxxxxxx xt 100 xx 000 Quannapowitt Parkway, Wakefield, Massachusetts 01880 01880, and IBEX HXXXXXXXXX XXXXXXX, XXX., x Xxxxxxxx xxxxxxxxxxx xxxx xxxices at 5600 North River Road, Rosemont, Illinois 60018 (jointly anx xxxxxxxxxand severalxx, xxxxxxxxxxxx xxx xxxxxxxxxxxx, "XXXXXXXXXxxxxxxx").
Appears in 2 contracts
Samples: Loan Modification Agreement (Picis Inc), Loan Modification Agreement (Picis Inc)
COUNTERSIGNATURE. This Loan Modification Agreement shall become effective only when it shall have been executed by Borrower and Bank. [remainder of page intentionally left blank] This Loan Modification Agreement is executed as a sealed instrument under the laws of the Commonwealth of Massachusetts as of the date first written above. BORROWER: PICIS, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- --------------------------- Name: R. Scotx Xxxxx XxxleScott Lentz Title: Secretary, CFO Xxxxxxxxx PICIS US, INC., FORMERLY KNOWN XX XXXXXXX SYSTEMS AS MXXXXXX XXXXEMS MANAGEMENT, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- --------------------------- Name: R. Scotx Xxxxx XxxleScott Lentz Title: Secretary, Treasurer Xxxxxxxxx PICIS (WISCONSIN), INC. XxBy: /x/ X. SCOTT LENTZ ------------------------------------- /s/ R. XXXXX XXXXX --------------------------- Name: R. Scotx Xxxxx XxxleScott Lentz Title: Vice President, Secretary, Treasurer Xxxxxxxxx IBEX HEALXXXXXX XXXXEMSHEALTHDATA SYSTEMS, INC. By: /s/ R. SCOTT /x/ X. XXXXX LENTZ ------------------------------------- --------------------------- Name: R. Scotx Xxxxx XxxleScott Lentz Title: Secretary Xxxxxxxxx BANK: SILICON VALLEY BANK, d/b/a SIXXXXX XXXXXY SILXXXX XXXXXX EAST By: /s/ [illegible signature] ------------------------------------- DAVID G. RODRIGUEZ --------------------------- Name: TitleDavid G. Rodrigxxx Xxxxx: Vice President FOURTH Xxxx Xxesident SECOND LOAN MODIFICATION AGREEMENT This Fourth Second Loan Modification Agreement (this "LOAN MODIFICATION AGREEMENTLoan Modification Agreement') is entered into as of June 29__, 20062005, by and between SILICON VALLEY BANK, a California-chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan proxxxxxxx xxxxxx xxxxxxx xx Xxx Xxxxxx Xxxxxxxxx Xark, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462, doing business xxxxx xxx xxxx "Xxxxxxx Xxxxxx Xxxx" ("XXXXXxxx") xxx XICIS, INC., a Delaware corporation with offices at 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880, and PICIS US, XXX., XXXXXXXX XXXXX XX XXXXXXX XXXXXXX XXXXXXXXXX, XXX., a Massachusetts corporation with offices at 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880, PICIS (XXXXXXXXXWISXXXXXX), XXX. x Xxxxxxxxx xxxxxxxxxxx xxxx xxxxxxx xt 100 xx 000 Quannapowitt Parkway, Wakefield, Massachusetts 01880 01880, and IBEX HXXXXXXXXX XXXXXXX, XXX., x Xxxxxxxx xxxxxxxxxxx xxxx xxxices at 5600 North River Road, Rosemont, Illinois 60018 (jointly anx xxxxxxxxxand severalxx, xxxxxxxxxxxx xxx xxxxxxxxxxxx, "XXXXXXXXXxxxxxxx").
Appears in 2 contracts
Samples: Loan Modification Agreement (Picis Inc), Loan Modification Agreement (Picis Inc)
COUNTERSIGNATURE. This Loan Modification Agreement shall become effective only when it shall have been executed by Borrower and Bank. [remainder of page intentionally left blank] This Fifth Loan Modification Agreement is executed as a sealed instrument under the laws of the Commonwealth of Massachusetts as of the date first written above. BORROWER: PICIS, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Scott Lentz ------------------------------------ Name: R. Scotx Xxxxx XxxleS. Lenxx Xxxxx: Secretary, CFO PICIS US, INC., FORMERLY KNOWN XX XXXXXXX SYSTEMS MANAGEMENT, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary, Treasurer Xhief Financial Officer PICIS (WISCONSIN), INC. Xx: /x/ X. SCOTT LENTZ ------------------------------------- R. Scott Lentz ------------------------------------ Name: R. Scotx Xxxxx XxxleS. Lenxx Xxxxx: Vice President, Secretary, Treasurer IBEX HEALXXXXXX XXXXEMS, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary Xhief Financial Officer BANK: SILICON VALLEY BANKBXXX, dx/bx/a SIXXXXX XXXXXY x SILICON VALLEY EAST By: /s/ [illegible signature] ------------------------------------- Jay T. Tracy ------------------------------------ Name: TitleJay T. Txxxx Xxxxx: Vice President FOURTH SIXTH LOAN MODIFICATION AGREEMENT This Fourth Sixth Loan Modification Agreement (this "LOAN MODIFICATION AGREEMENT') is entered into as of June September 29, 2006, by and between SILICON VALLEY BANK, a California-chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan proxxxxxxx xxxxxx xxxxxxx xx Xxx Xxxxxx Xxxxxxxxx Xark, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462, doing business xxxxx xxx xxxx "Xxxxxxx Xxxxxx Xxxx" ("XXXX") xxx XICIS, INC., a Delaware corporation with offices at 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880, and PICIS (XXXXXXXXX), XXX. x Xxxxxxxxx xxxxxxxxxxx xxxx xxxxxxx xt 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880 (jointly anx xxxxxxxxx, xxxxxxxxxxxx xxx xxxxxxxxxxxx, "XXXXXXXX").
Appears in 2 contracts
Samples: Loan Modification Agreement (Picis Inc), Loan Modification Agreement (Picis Inc)
COUNTERSIGNATURE. This Loan Modification Agreement shall become effective only when it shall have been executed by Borrower and BankBank (provided, however, in no event shall this Loan Modification Agreement become effective until signed by an officer of Bank in California). [remainder of page intentionally left blank] This Loan Modification Agreement is executed as a sealed instrument under the laws of the Commonwealth of Massachusetts as of the date first written above. BORROWER: PICISBANK: ATHENAHEALTH, INC. SILICON VALLEY BANK, doing business as SILICON VALLEY EAST By: /s/ Xxxx Xxxxx By: /s/ R. SCOTT LENTZ ------------------------------------- Xxxxx Xxxxx --------------------------------- ------------------------------------ Name: Xxxx Xxxxx Name: R. Scotx Xxxxx XxxleXxxxx Title: Secretary, CFO PICIS US, INC., FORMERLY KNOWN XX XXXXXXX SYSTEMS MANAGEMENT, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary, Treasurer PICIS (WISCONSIN), INC. Xx: /x/ X. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Vice President, Secretary, Treasurer IBEX HEALXXXXXX XXXXEMS, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary BANK: SILICON VALLEY BANK, d/b/a SIXXXXX XXXXXY EAST By: /s/ [illegible signature] ------------------------------------- Name: Title: Vice President SILICON VALLEY BANK By: /s/ Xxxxxxxxx Le ------------------------------------ Name: Xxxxxxxxx Le Title: Operations Supervisor (signed in Santa Xxxxx County, California) EXHIBIT A BORROWING BASE CERTIFICATE Borrower: Athenahealth, Inc. Lender: Silicon Valley Bank Commitment Amount: $5,000,000.00 ACCOUNTS RECEIVABLE (1) Accounts Receivable Book Value as of _________________ $__________________ (2) Additions (please explain on reverse) $__________________ (3) TOTAL ACCOUNTS RECEIVABLE $__________________ ACCOUNTS RECEIVABLE DEDUCTIONS (without duplication) (4) Amounts over 90 days due $__________________ (5) Balance of 50% over 90 day accounts $__________________ (6) Credit balances over 90 days $__________________ (7) Concentration Limits $__________________ (8) Foreign Accounts $__________________ (9) Governmental Accounts $__________________ (10) Contra Accounts $__________________ (11) Promotion or Demo Accounts $__________________ (12) Intercompany/Employee Accounts $__________________ (13) Deferred Revenue $__________________ (14) Other (please explain on reverse) $__________________ (15) TOTAL ACCOUNTS RECEIVABLE DEDUCTIONS $__________________ (16) Eligible Accounts (#3 minus #15) $__________________ (17) LOAN VALUE OF ACCOUNTS ( 80% of #16) $__________________ BALANCES (18) Maximum Loan Amount $__________________ (19) Total Funds Available (Lesser of #17 or #18) $__________________ (20) Present balance owing on Line of Credit $__________________ (21) Outstanding under Sublimits (Cash Mtg/L/C) $__________________ (22) RESERVE POSITION (#19 minus #20 and #21) $__________________ The undersigned represents and warrants that this is true, complete and correct, and that the information in this Borrowing Base Certificate complies with the representations and warranties in the Loan and Security Agreement between the undersigned and Silicon Valley Bank. COMMENTS: By: --------------------------------- Authorized Signer BANK USE ONLY Received by: ------------------------ AUTHORIZED SIGNER Date: ------------------------------- Verified: --------------------------- AUTHORIZED SIGNER Date: ------------------------------- Compliance Status: Yes No EXHIBIT B TO FOURTH LOAN MODIFICATION AGREEMENT This Fourth Loan Modification Agreement (this "LOAN MODIFICATION AGREEMENT') is entered into as of June 29, 2006, by and between SILICON VALLEY BANK, a California-chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan proxxxxxxx xxxxxx xxxxxxx xx Xxx Xxxxxx Xxxxxxxxx Xark, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462, doing business xxxxx xxx xxxx "Xxxxxxx Xxxxxx Xxxx" ("XXXX") xxx XICIS, INC., a Delaware corporation with offices at 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880, and PICIS (XXXXXXXXX), XXX. x Xxxxxxxxx xxxxxxxxxxx xxxx xxxxxxx xt 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880 (jointly anx xxxxxxxxx, xxxxxxxxxxxx xxx xxxxxxxxxxxx, "XXXXXXXX").
Appears in 1 contract
COUNTERSIGNATURE. This Loan Modification Agreement shall become effective only when it shall have been executed by Borrower and BankBank (provided, however, in no event shall this Loan Modification Agreement become effective until signed by an officer of Bank in California). [remainder of page intentionally left blank] This Loan Modification Agreement is executed as a sealed instrument under the laws of the Commonwealth of Massachusetts as of the date first written above. BORROWER: PICISBANK: CENTRA SOFTWARE, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary, CFO PICIS US, INC., FORMERLY KNOWN XX XXXXXXX SYSTEMS MANAGEMENT, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary, Treasurer PICIS (WISCONSIN), INC. Xx: /x/ X. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Vice President, Secretary, Treasurer IBEX HEALXXXXXX XXXXEMS, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary BANK: SILICON VALLEY BANK, d/b/a SIXXXXX XXXXXY doing business as SILICON VALLEY EAST By: /s/ [illegible signature] ------------------------------------- Xxxxxxx X. Xxxxxxx By: /s/Xxxxxx Tsho ---------------------------------- --------------------------------- Name: XXXXXXX X. XXXXXXX Name: XXXXXX TSHO -------------------------------- ------------------------------- Title: Vice President FOURTH DIRECTOR OF FINANCE AND ADMIN. Title: VICE PRESIDENT ------------------------------- ------------------------------ SILICON VALLEY BANK By: /s/Xxxxxxxx X. Xxxxxxxx --------------------------------- Name: XXXXXXXX X. XXXXXXXX ------------------------------- Title: ASST. VICE PRESIDENT ------------------------------ (Signed at Santa Xxxxx County, CA) FIRST LOAN MODIFICATION AGREEMENT This Fourth First Loan Modification Agreement (this "LOAN MODIFICATION AGREEMENT') is entered into as of June 29December 30, 20061998, by and between CENTRA SOFTWARE, INC., a Delaware corporation with its principal place of business at 000 Xxxxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxxxxxx 00000 ("Borrower") and SILICON VALLEY BANK, BANK a California-chartered bankbank ("Bank"), with its principal place of business at 3003 Tasman Drive0000 Xxxxxx Xxxxx, Santa ClaraXxxxx Xxxxx, California 95054 XX 00000 and with a loan proxxxxxxx xxxxxx xxxxxxx xx Xxx production office located at Wellesley Office Park, 00 Xxxxxxx Xxxxxx Xxxxxxxxx XarkSuite 350, Suite 200Wellesley, 2221 Washington Street, Newton, Massachusetts 02462MA 02481, doing business xxxxx xxx xxxx under the name "Xxxxxxx Xxxxxx Xxxx" (Silicon Valley East"XXXX") xxx XICIS, INC., a Delaware corporation with offices at 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880, and PICIS (XXXXXXXXX), XXX. x Xxxxxxxxx xxxxxxxxxxx xxxx xxxxxxx xt 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880 (jointly anx xxxxxxxxx, xxxxxxxxxxxx xxx xxxxxxxxxxxx, "XXXXXXXX").
Appears in 1 contract
COUNTERSIGNATURE. This Loan Modification Agreement shall become effective only when it shall have been executed by Borrower and BankBank (provided, however, in no event shall this Loan Modification Agreement become effective until signed by an officer of Bank in California). [The remainder of this page is intentionally left blank] This Loan Modification Agreement is executed as a sealed instrument under the laws of the Commonwealth of Massachusetts as of the date first written above. BORROWER: PICISBANK: CRITICAL THERAPEUTICS, INC. SILICON VALLEY BANK, doing business as SILICON VALLEY EAST By: /s/ Edith Estabrook By: /s/ R. SCOTT LENTZ ------------------------------------- Bryan Jadot ---------------------------- ---------------------------------- Name: Edith Estabrook Name: R. Scotx Xxxxx XxxleBryan Jadot Title: SecretaryDxxxxxxx, CFO PICIS US, INC., FORMERLY KNOWN XX XXXXXXX SYSTEMS MANAGEMENT, INC. Xxxxxxions Title: Vice Xxxxxxxxx SILICON VALLEY BANK By: /s/ R. SCOTT LENTZ ------------------------------------- Maggie Garcia ---------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary, Treasurer PICIS (WISCONSIN), INC. Xx: /x/ X. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Vice President, Secretary, Treasurer IBEX HEALXXXXXX XXXXEMS, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary BANK: SILICON VALLEY BANK, d/b/a SIXXXXX XXXXXY EAST By: /s/ [illegible signature] ------------------------------------- Name: Maggie Garcia Title: Vice President FOURTH Loxx Xxxxx. Xxxm Leader (signed in Santa Clara County, Califoxxxx) SECOND LOAN MODIFICATION AGREEMENT This Fourth Second Loan Modification Agreement (this "LOAN MODIFICATION AGREEMENT'Loan Modification Agreement") is entered into as of June 29April 10, 20062003, by and between SILICON VALLEY BANK, a California-chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan proxxxxxxx prodxxxxxx xxxxxx xxxxxxx xx Xxx Xxxxxx Xxxxxxxxx XarkXxrk, Suite 200, 2221 Washington Street, Newton, Massachusetts Masxxxxxxetts 02462, doing business xxxxx uxxxx xxx xxxx "Xxxxxxx Xxxxxx Xxxx" ("XXXXXxxx") xxx XICISXXITICAL THERAPEUTICS, INC., a Delaware corporation with offices its chief executive office located at 100 Quannapowitt Parkway675 Massachusetts Avenue, Wakefield14th Floor, Cambridge, Massachusetts 01880, and PICIS 02139 (XXXXXXXXX), XXX. x Xxxxxxxxx xxxxxxxxxxx xxxx xxxxxxx xt 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880 (jointly anx xxxxxxxxx, xxxxxxxxxxxx xxx xxxxxxxxxxxx, "XXXXXXXXXxxxxxxx").
Appears in 1 contract
Samples: Loan Modification Agreement (Critical Therapeutics Inc)
COUNTERSIGNATURE. This Loan Modification Agreement shall become effective only when it shall have been executed by Borrower and BankBank (provided, however, in no event shall this Loan Modification Agreement become effective until signed by an officer of Bank in California). [remainder of page intentionally left blank] This Loan Modification Agreement is executed as a sealed instrument under the laws of the Commonwealth of Massachusetts as of the date first written above. BORROWER: PICISBANK: CRITICAL THERAPEUTICS, INC. SILICON VALLEY BANK, doing business as SILICON VALLEY EAST By: /s/ Edith Estabrook By: /s/ R. SCOTT LENTZ ------------------------------------- Bryan Jadot ------------------------------- ---------------------------------- Name: Edith Estabrook Name: R. Scotx Xxxxx XxxleBryan Jadot Title: SecretaryDxxxxxxx, CFO PICIS US, INC., FORMERLY KNOWN XX XXXXXXX SYSTEMS MANAGEMENT, INC. Xxxxxxions Title: Vice Xxxxxxxxx SILICON VALLEY BANK By: /s/ R. SCOTT LENTZ ------------------------------------- Maggie Garcia ---------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary, Treasurer PICIS (WISCONSIN), INC. Xx: /x/ X. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Vice President, Secretary, Treasurer IBEX HEALXXXXXX XXXXEMS, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary BANK: SILICON VALLEY BANK, d/b/a SIXXXXX XXXXXY EAST By: /s/ [illegible signature] ------------------------------------- Name: Maggie Garcia Title: Vice President FOURTH AVX (signed in Santa Clara County, Californix) THIRD LOAN MODIFICATION AGREEMENT This Fourth Third Loan Modification Agreement (this "LOAN MODIFICATION AGREEMENT'Loan Modification Agreement") is entered into as of June 2930, 20062004, by and between SILICON VALLEY BANK, a California-chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan proxxxxxxx prodxxxxxx xxxxxx xxxxxxx xx Xxx Xxxxxx Xxxxxxxxx XarkXxrk, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462, doing business xxxxx uxxxx xxx xxxx "Xxxxxxx Xxxxxx Xxxx" ("XXXXXxxx") xxx XICISXXITICAL THERAPEUTICS, INC., a Delaware corporation with offices its chief executive office located at 100 Quannapowitt Parkway675 Massachusetts Avenue, Wakefield14th Floor, Cambridge, Massachusetts 01880, and PICIS 02139 (XXXXXXXXX), XXX. x Xxxxxxxxx xxxxxxxxxxx xxxx xxxxxxx xt 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880 (jointly anx xxxxxxxxx, xxxxxxxxxxxx xxx xxxxxxxxxxxx, "XXXXXXXXXxxxxxxx").
Appears in 1 contract
Samples: Loan Modification Agreement (Critical Therapeutics Inc)
COUNTERSIGNATURE. This Loan Modification Agreement shall become effective only when it shall have been executed by Borrower and BankBank (provided, however, in no event shall this Loan Modification Agreement become effective until signed by an officer of Bank in California). [remainder of page intentionally left blank] This Loan Modification Agreement is executed as a sealed instrument under the laws of the Commonwealth of Massachusetts as of the date first written above. BORROWER: PICIS, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary, CFO PICIS US, INC., FORMERLY KNOWN XX XXXXXXX SYSTEMS MANAGEMENT, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary, Treasurer PICIS (WISCONSIN), INC. Xx: /x/ X. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Vice President, Secretary, Treasurer IBEX HEALXXXXXX XXXXEMS, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary BANK: PHOENIX TECHNOLOGIES, LTD, SILICON VALLEY BANK, d/b/a SIXXXXX XXXXXY doing business as SILICON VALLEY EAST By: /s/ [illegible signature] ------------------------------------- Xxxxx X. Xxxxxx By: /s/ Xxxxx X. Xxxxxxx ---------------------------- ---------------------------- Name: Xxxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxxx -------------------------- -------------------------- VP FINANCE & C.F.O ASSISTANT VICE PRESIDENT Title: Vice President FOURTH LOAN MODIFICATION AGREEMENT This Fourth ------------------------- Title: ------------------------- SILICON VALLY BANK By: ---------------------------- Name: -------------------------- Title: ------------------------- (Signed at San Jose, California) Each of the undersigned consents to the modifications to the Indebtedness pursuant to this Loan Modification Agreement (this "LOAN MODIFICATION AGREEMENT') is entered into as Agreement, hereby ratifies the provisions of June 29, 2006, by the Guaranty and between SILICON VALLEY BANK, a California-chartered bank, with its principal place confirms that all provisions of business at 3003 Tasman Drive, Santa Clara, California 95054 that document are in full force and with a loan proxxxxxxx xxxxxx xxxxxxx xx Xxx Xxxxxx Xxxxxxxxx Xark, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462, doing business xxxxx xxx xxxx "Xxxxxxx Xxxxxx Xxxx" ("XXXX") xxx XICISeffect. GUARANTOR: PHOENIX PERIPHERAL SYSTEMS, INC., a Delaware corporation with offices at 100 Quannapowitt ParkwayBy: /s/ Xxxxxx X. Xxxxxx ---------------------------- XXXXXX X. XXXXXX Name: -------------------------- V.P. FINANCE & C.F.O. Title: ------------------------- PHOENIX COMPUTER PRODUCTS, WakefieldINC., a Washington corporation By: /s/ Xxxxxx X. Xxxxxx ---------------------------- XXXXXX X. XXXXXX Name: -------------------------- V.P. FINANCE & C.F.O. Title: ------------------------- PHOENIX SECURITIES CORPORATION, a Massachusetts 01880corporation By: /s/ Xxxxxx X. Xxxxxx ---------------------------- XXXXXX X. XXXXXX Name: -------------------------- V.P. FINANCE & C.F.O. Title: ------------------------- QUADTEL CORPORATION, and PICIS A California corporation By: /s/ Xxxxxx X. Xxxxxx ---------------------------- XXXXXX X. XXXXXX Name: -------------------------- V.P. FINANCE & C.F.O. Title: ------------------------- PHOENIX TECHNOLOGIES (XXXXXXXXXTAIWAN), XXX. x Xxxxxxxxx xxxxxxxxxxx xxxx xxxxxxx xt 100 Quannapowitt ParkwayLTD., Wakefield, Massachusetts 01880 (jointly anx xxxxxxxxx, xxxxxxxxxxxx xxx xxxxxxxxxxxx, "XXXXXXXX").A Delaware corporation
Appears in 1 contract
Samples: Loan Modification Agreement (Phoenix Technologies LTD)
COUNTERSIGNATURE. This Loan Modification Agreement Modificatixx Xxreement shall become effective only when it shall have been executed by Borrower and BankBank (provided, however, in no event shall this Loan Modification Agreement become effective until signed by an officer of Bank in California). [remainder of page intentionally left blank] This Loan Modification Agreement is executed as a sealed instrument under the laws of the Commonwealth of Massachusetts as of the date first written above. BORROWER: PICISBANK: VIACELL, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary, CFO PICIS US, INC., FORMERLY KNOWN XX XXXXXXX SYSTEMS MANAGEMENT, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary, Treasurer PICIS (WISCONSIN), INC. Xx: /x/ X. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Vice President, Secretary, Treasurer IBEX HEALXXXXXX XXXXEMS, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary BANK: SILICON VALLEY BANK, d/b/a SIXXXXX XXXXXY doing business as SILICON VALLEY EAST By: /s/ [illegible signature] ------------------------------------- Marc Beer By: /s/ Naomi Herman ---------------------------- ----------------------------------- Name: Marc Beer Name: Naomi Herman -------------------------- --------------------------------- Title: Vice President FOURTH LOAN MODIFICATION AGREEMENT This Fourth CEO Title: Associate ------------------------- -------------------------------- SILICON VALLEY BANK By: /s/ Maggie Garcia ------------------------------------ Name: Maggie Garcia ---------------------------------- Title: Loan Admin.Team Leader --------------------------------- (Signed at Santa Clara County, CA) The undersigned hereby consent to the modificatixxx xo the Indebtedness pursuant to this Loan Modification Agreement (this "LOAN MODIFICATION AGREEMENT') is entered into as Agreement, hereby ratifies all the provisions of June 29the Guaranty and confirms that all provisions of that document are in full force and effect. GUARANTOR: VIACORD, 2006, by and between INC. Date: 3/14/01 -------------------- By: /s/ Morey Kraus --------------------------- Name: Morey Kraus ------------------------- Title: ------------------------- [LOGO] SILICON VALLEY BANK, a CaliforniaBANK LETTERHEAD RECEIPT FOR TERM DEPOSIT Class Code 780 Account Number 8800054341 Interest Rate 4.40% Annual Percentage Yield 4.40% Issue Date 12/26/00 Maturity Date 12/21/01 Term 360 days Amount Deposited *****$1,000,000.00***** Dollars -------------------------------------------------------------- IN THE NAME(S) OF ******Viacell Inc.******* 66A 043244816 INTEREST PAYMENT FREQUENCY { } Monthly { } Quarter { } Semi-chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan proxxxxxxx xxxxxx xxxxxxx xx Xxx Xxxxxx Xxxxxxxxx Xark, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462, doing business xxxxx xxx xxxx "Xxxxxxx Xxxxxx Xxxx" ("XXXX") xxx XICIS, INCAnnually { } Annually {X} At Maturity Of The Certificate METHOD OF INTEREST DISTRIBUTION { } Credit To Certificate At Maturity Only {X} Credit To Acct. No. 3300210718 ----------- TCD HELD FOR COLLATERAL X TRADE NOTE CASH Signature on File _ FINANCE _ DEPT. _ MGT ------------------------- BANK AUTHORIZED SIGNATURE This Term Deposit is Subject To The Terms And Conditions Hereon And As Specified On The Signature Card And Agreement On File With Silicon Valley Bank., a Delaware corporation with offices at 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880, and PICIS (XXXXXXXXX), XXX. x Xxxxxxxxx xxxxxxxxxxx xxxx xxxxxxx xt 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880 (jointly anx xxxxxxxxx, xxxxxxxxxxxx xxx xxxxxxxxxxxx, "XXXXXXXX").
Appears in 1 contract
COUNTERSIGNATURE. This Loan Modification Agreement shall become effective only when it shall have been executed by Borrower and BankBank (provided, however, in no event shall this Loan Modification Agreement become effective until signed by an officer of Bank in California). [The remainder of this page is intentionally left blank] This Loan Modification Agreement is executed as a sealed instrument under the laws of the Commonwealth of Massachusetts as of the date first written above. BORROWER: PICIS, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary, CFO PICIS US, INC., FORMERLY KNOWN XX XXXXXXX SYSTEMS MANAGEMENT, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary, Treasurer PICIS (WISCONSIN), INC. Xx: /x/ X. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Vice President, Secretary, Treasurer IBEX HEALXXXXXX XXXXEMS, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary BANK: PHASE FORWARD INCORPORATED SILICON VALLEY BANK, d/b/a SIXXXXX XXXXXY doing business as SILICON VALLEY EAST By: /s/ [illegible signature] ------------------------------------- Xxxx X. Xxxxxxxxxx By: /s/ Xxxxxxx Xxxxxxx ________________________________ ___________________________________ Name: Xxxx X. Xxxxxxxxxx Name: Xxxxxxx Xxxxxxx ______________________________ _________________________________ Title: Senior VP & CFO Title: Vice President FOURTH LOAN MODIFICATION AGREEMENT This Fourth _____________________________ ________________________________ SILICON VALLEY BANK By:___________________________________ Name:_________________________________ Title:________________________________ (signed in Santa Xxxxx County, California) The undersigned, PHASE FORWARD SECURITIES CORPORATION, ratifies, confirms and reaffirms, all and singular, the terms and conditions of a certain Unlimited Guaranty dated May 3, 1999 (the "Guaranty") and acknowledges, confirms and agrees that the Guaranty shall remain in full force and effect and shall in no way be limited by the execution of this Loan Modification Agreement Agreement, or any other documents, instruments and/or agreements executed and/or delivered in connection herewith. PHASE FORWARD SECURITIES CORPORATION By: /s/ Xxxx X. Xxxxxxxxxx _________________________________________ Name: Xxxx X. Xxxxxxxxxx Title: Treasurer EXHIBIT A The Collateral consists of all right, title and interest of Borrower in and to the following: All goods, equipment, inventory, contract rights or rights to payment of money, license agreements, franchise agreements, general intangibles (this "LOAN MODIFICATION AGREEMENT') including payment intangibles), accounts (including health-care receivables), documents, instruments (including any promissory notes), chattel paper (whether tangible or electronic), cash, deposit accounts, fixtures, letters of credit rights (whether or not the letter of credit is entered into evidenced by a writing), commercial tort claims, securities, and all other investment property supporting obligations, and financial assets, whether now owned or hereafter acquired, wherever located; 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, attachments, accessories, accessions and improvements to and replacements, products, proceeds and insurance proceeds of any or all of the foregoing. The Collateral does not include: Any copyright rights, copyright applications, copyright registrations and like protections in each work of authorship and derivative work, whether published or unpublished, now owned or later acquired; any patents, trademarks, service marks and applications therefor; any trade secret rights, including any rights to unpatented inventions, now owned or hereafter acquired. Notwithstanding the foregoing, the Collateral shall include all accounts, license and royalty fees and other revenues, proceeds, or income arising out of or relating to any of the foregoing intellectual property. To the extent a court of competent jurisdiction holds that a security interest in any Intellectual Property is necessary to have a security interest in any accounts, license and royalty fees and other revenues, proceeds, or income arising out of or relating to any of the foregoing Intellectual Property, then the Collateral shall, effective as of June 29the Closing Date, 2006include the Intellectual Property, by to the extent necessary to permit perfection of the Bank's security interest in such accounts, license and between royalty fees and other revenues, proceeds, or income arising out of or relating to any of the Intellectual Property. EXHIBIT B COMPLIANCE CERTIFICATE TO: SILICON VALLEY BANKBANK FROM: PHASE FORWARD INCORPORATED The undersigned authorized officer of PHASE FORWARD INCORPORATED certifies that under the terms and conditions of the Loan and Security Agreement between Borrower and Bank (the "Agreement"), a California-chartered bank, (i) Borrower is in complete compliance for the period ending _______________ with its principal place 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 business at 3003 Tasman Drive, Santa Clara, California 95054 and determination that Borrower is not in compliance with a loan proxxxxxxx xxxxxx xxxxxxx xx Xxx Xxxxxx Xxxxxxxxx Xark, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462, doing business xxxxx xxx xxxx "Xxxxxxx Xxxxxx Xxxx" ("XXXX") xxx XICIS, INC., a Delaware corporation with offices at 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880any of the terms of the Agreement, and PICIS (XXXXXXXXX), XXX. x Xxxxxxxxx xxxxxxxxxxx xxxx xxxxxxx xt 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880 (jointly anx xxxxxxxxx, xxxxxxxxxxxx xxx xxxxxxxxxxxx, "XXXXXXXX")that compliance is determined not just at the date this certificate is delivered.
Appears in 1 contract
Samples: Fifth Loan Modification Agreement (Phase Forward Inc)
COUNTERSIGNATURE. This Loan Modification Agreement shall become effective only when it shall have been executed by Borrower and BankBank (provided, however, in no event shall this Loan Modification Agreement become effective until signed by an officer of Bank in California). [remainder of page intentionally left blank] This Loan Modification Agreement is executed as a sealed instrument under the laws of the Commonwealth of Massachusetts as of the date first written above. BORROWER: PICISBANK: CRITICAL THERAPEUTICS, INC. SILICON VALLEY BANK, doing business as SILICON VALLEY EAST By: /s/ Frank E. Thomas By: /s/ R. Bryan Jadot ---------------------------- ---------------------------------- Name: Frank E. Thomas Name: R. Bryan Jadot Title: Vxxx Xxxxxxxxx, CFO Title: Vice Xxxxxxxxx SILICON VALLEY BANK By: /s/ Jacquelyn Le ------------------------------- Name: Jacquelyn Le Title: Opxxxxxxxx Supervisor (signed in Santa Clara County, Californxx) The undersigned, CTI SECURITIES CORP., a Massachusetts corporation, ratifies, confirms and reaffirms, all and singular, the terms and conditions of a certain Unconditional Guaranty dated December 3, 2003 (the "Guaranty") and a certain Security Agreement dated December 3, 2003 (the "Security Agreement") and acknowledges, confirms and agrees that the Guaranty and the Security Agreement shall remain in full force and effect and shall in no way be limited by the execution of this Loan Modification Agreement, or any other documents, instruments and/or agreements executed and/or delivered in connection herewith. CTI SECURITIES CORP. By: /s/ R. SCOTT LENTZ ------------------------------------- Frank E. Thomas ---------------------------------- Name: R. Scotx Xxxxx XxxleFrank E. Thomas Title: SecretaryXxxx Xxxxxxxxx, CFO PICIS US56120/581 EXHIBIT D LOAN PAYMENT/ADVANCE REQUEST FORM DEADLINE FOR SAME DAY PROCESSING IS 3:00 E.S.T. Fax To: (617) 969-5965 Date: _____________ -------------------------------------------------------------------------------- LOAN PAYMENT: Sample documents Client Name (Borrower) From Account #________________________ To Account #___________________________ (Deposit Account #) (Loan Account #) Principal $___________________________ and/or Interest $______________________ All Borrower's representation and warranties in the Loan and Security Agreement are true, INC.correct and complete in all material respects on the date of the telephone transfer request for an advance, FORMERLY KNOWN XX XXXXXXX SYSTEMS MANAGEMENTbut those representations and warranties expressly referring to another date shall be true, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary, Treasurer PICIS (WISCONSIN), INC. Xx: /x/ X. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Vice President, Secretary, Treasurer IBEX HEALXXXXXX XXXXEMS, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary BANK: SILICON VALLEY BANK, d/b/a SIXXXXX XXXXXY EAST By: /s/ [illegible signature] ------------------------------------- Name: Title: Vice President FOURTH LOAN MODIFICATION AGREEMENT This Fourth Loan Modification Agreement (this "LOAN MODIFICATION AGREEMENT') is entered into correct and complete in all material respects as of June 29such date: AUTHORIZED SIGNATURE: _________________ Phone Number: _____________________ -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- LOAN ADVANCE: Complete Outgoing Wire Request section below if all or a portion of the funds from this loan advance are for an outgoing wire. From Account #________________________ To Account #___________________________ (Loan Account #) (Deposit Account #) Amount of Advance $___________________ All Borrower's representation and warranties in the Loan and Security Agreement are true, 2006correct and complete in all material respects on the date of the telephone transfer request for an advance, by but those representations and between SILICON VALLEY BANKwarranties expressly referring to another date shall be true, a California-chartered bankcorrect and complete in all material respects as of such date: AUTHORIZED SIGNATURE: _________________ Phone Number: _____________________ -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- OUTGOING WIRE REQUEST COMPLETE ONLY IF ALL OR A PORTION OF FUNDS FROM THE LOAN ADVANCE ABOVE ARE TO BE WIRED. Deadline for same day processing is 3:00 pm, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan proxxxxxxx xxxxxx xxxxxxx xx Xxx Xxxxxx Xxxxxxxxx Xark, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462, doing business xxxxx xxx xxxx "Xxxxxxx Xxxxxx Xxxx" ("XXXX") xxx XICIS, INC., a Delaware corporation with offices at 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880, and PICIS (XXXXXXXXX), XXX. x Xxxxxxxxx xxxxxxxxxxx xxxx xxxxxxx xt 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880 (jointly anx xxxxxxxxx, xxxxxxxxxxxx xxx xxxxxxxxxxxx, "XXXXXXXX").E.S.T.
Appears in 1 contract
Samples: Loan Modification Agreement (Critical Therapeutics Inc)
COUNTERSIGNATURE. This Loan Modification Agreement shall become effective only when it shall have been executed by Borrower and BankBank (provided, however, in no event shall this Loan Modification Agreement become effective until signed by an officer of Bank in California). [remainder of page intentionally left blank] This Loan Modification Agreement is executed as a sealed instrument under the laws of the Commonwealth of Massachusetts as of the date first written above. BORROWER: PICIS, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary, CFO PICIS US, INC., FORMERLY KNOWN XX XXXXXXX SYSTEMS MANAGEMENT, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary, Treasurer PICIS (WISCONSIN), INC. Xx: /x/ X. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Vice President, Secretary, Treasurer IBEX HEALXXXXXX XXXXEMS, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary BANK: PHASE FORWARD INCORPORATED SILICON VALLEY BANK, d/b/a SIXXXXX XXXXXY doing business as SILICON VALLEY EAST By: /s/ [illegible signature] ------------------------------------- William G. Porter By: /s/ Jack Gaziano -------------------------- ---------------------------------------- Name: William G. Porter Name: Jack Gaziano Title: Vice President FOURTH Presidenx, Xxxxxxx Xitle: SVP Phxxx Xxxxxxx Incorporated SILICON VALLEY BANK By: /s/ Maggie Garcia ---------------------------------------- Name: Maggie Garcia Title: AVP (Signed in Santa Clara County, California) The undersigned, PHASE FORWARD SECURXXXXX CORPORATION, ratifies, confirms and reaffirms, all and singular, the terms and conditions of a certain Unlimited Guaranty dated May 3, 1999 (the "Guaranty") and acknowledges, confirms and agrees that the Guaranty shall remain in full force and effect and shall in no way be limited by the execution of this Loan Modification Agreement, or any other documents, instruments and/or agreements executed and/or delivered in connection herewith. PHASE FORWARD SECURITIES CORPORATION By: /s/ John J. Schickling ---------------------------------------- Name: John J. Schickling Title: Treasurxx THIRD LOAN MODIFICATION AGREEMENT This Fourth Third Loan Modification Agreement (this "LOAN MODIFICATION AGREEMENTLoan Modification Agreement') is entered into as of June 29March 31, 20062003, by and between SILICON VALLEY BANK, a California-chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan proxxxxxxx prodxxxxxx xxxxxx xxxxxxx xx Xxx Xxxxxx Xxxxxxxxx XarkXxrk, Suite 200, 2221 200,2221 Washington Street, Newton, Massachusetts 02462, doing business xxxxx under xxx xxxx "Xxxxxxx Xxxxxx Xxxx" ("XXXXXxxx") xxx XICIS, INC.XXASE FORWARD INCORPORATED, a Delaware corporation with offices its principal place of business at 100 Quannapowitt Parkway1440 Main Street, WakefieldWaltham, Massachusetts 01880, and PICIS 02451 (XXXXXXXXX), XXX. x Xxxxxxxxx xxxxxxxxxxx xxxx xxxxxxx xt 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880 (jointly anx xxxxxxxxx, xxxxxxxxxxxx xxx xxxxxxxxxxxx, "XXXXXXXXBorrower").
Appears in 1 contract
COUNTERSIGNATURE. This Loan Modification Agreement shall become effective only when it shall have been executed by Borrower and BankBank (provided, however, in no event shall this Loan Modification Agreement become effective until signed by an officer of Bank in California). [remainder of page intentionally left blankTHE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] This Loan Modification Agreement is executed as a sealed instrument under the laws of the Commonwealth COMMONWEALTH OF MASSACHUSETTS AS OF THE DATE FIRST WRITTEN ABOVE. BORROWER: KANBAY INTERNATIONAL, INC. KANBAY AUSTRALIA PTY. LTD. By: /s/ Xxxxxxx Xxxxxxxx By: /s/ Xxxxxxx Xxxxxxxx ---------------------------- ---------------------------- Name: XXXXXXX XXXXXXXX Name: XXXXXXX XXXXXXXX -------------------------- -------------------------- Title: VP&CFO Title: DIRECTOR ------------------------- ------------------------- KANBAY INCORPORATED KANBAY XXX.XXX. By: /s/ Xxxxxxx Xxxxxxxx By: /s/ Xxxxxxx Xxxxxxxx ---------------------------- ---------------------------- Name: XXXXXXX XXXXXXXX Name: XXXXXXX XXXXXXXX -------------------------- -------------------------- Title: VP&CFO Title: DIRECTOR ------------------------- ------------------------- KANBAY EUROPE LTD. KANBAY HK LTD. By: /s/ Xxxxxxx Xxxxxxxx By: /s/ Xxxxxxx Xxxxxxxx ---------------------------- ---------------------------- Name: XXXXXXX XXXXXXXX Name: XXXXXXX XXXXXXXX -------------------------- -------------------------- Title: DIRECTOR Title: DIRECTOR ------------------------- ------------------------- BANK: SILICON VALLEY BANK By: ---------------------------- Name: -------------------------- Title: ------------------------- EXHIBIT A COMPLIANCE CERTIFICATE TO: SILICON VALLEY BANK FROM: KANBAY INTERNATIONAL, INC. The undersigned authorized officer of Massachusetts KANBAY INTERNATIONAL, INC. ("Kanbay") hereby certifies that in accordance with the terms and conditions of the Loan and Security Agreement between Kanbay and certain of Kanbay's direct and indirect subsidiaries (collectively, the 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 of Borrowers stated in the Agreement are true and correct in all material respects as of the date first written abovehereof. BORROWER: PICIS, INCAttached herewith are the required documents supporting the certification. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary, CFO PICIS US, INC., FORMERLY KNOWN XX XXXXXXX SYSTEMS MANAGEMENT, INCThe Officer further certifies that these are prepared in accordance with Generally Accepted Accounting Principles (GAAP) and are consistently applied from one period to the next except as explained in an accompanying letter or footnotes. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary, Treasurer PICIS (WISCONSIN), INC. Xx: /x/ X. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Vice President, Secretary, Treasurer IBEX HEALXXXXXX XXXXEMS, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary BANK: SILICON VALLEY BANK, d/b/a SIXXXXX XXXXXY EAST By: /s/ [illegible signature] ------------------------------------- Name: Title: Vice President FOURTH LOAN MODIFICATION AGREEMENT This Fourth Loan Modification Agreement (this "LOAN MODIFICATION AGREEMENT') is entered into as The Officer expressly acknowledges that no borrowings may be requested by the Borrowers at any time or date of June 29, 2006, by and between SILICON VALLEY BANK, a California-chartered bank, determination that Borrowers are not in compliance with its principal place any of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan proxxxxxxx xxxxxx xxxxxxx xx Xxx Xxxxxx Xxxxxxxxx Xark, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462, doing business xxxxx xxx xxxx "Xxxxxxx Xxxxxx Xxxx" ("XXXX") xxx XICIS, INC., a Delaware corporation with offices at 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880the terms of the Agreement, and PICIS that such 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 ------------------ -------- -------- Financial Statements & CC Quarterly w/in 30 days* Yes No Annual (XXXXXXXXX), XXX. x Xxxxxxxxx xxxxxxxxxxx xxxx xxxxxxx xt 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880 (jointly anx xxxxxxxxx, xxxxxxxxxxxx xxx xxxxxxxxxxxx, "XXXXXXXX").CPA Audited) FYE within 90 days Yes No Aggregate Transfers to Foreign Borrowers ** Yes No *monthly within 30 days when borrowing or if Quick Ratio falls below 1.50:1.0 **as set forth in the Loan and Security Agreement
Appears in 1 contract
Samples: Fourth Loan Modification Agreement (Kanbay International Inc)
COUNTERSIGNATURE. This Loan Modification Agreement shall become effective only when it shall have been executed by Borrower and Bank. [remainder of page intentionally left blank] This Fourth Loan Modification Agreement is executed as a sealed instrument under the laws of the Commonwealth of Massachusetts as of the date first written above. BORROWER: PICIS, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- --------------------------- Name: R. Scotx Scott Lentz Titxx: Xxxxx Xxxle: Secretary, CFO PICIS US, INC., FORMERLY KNOWN XX XXXXXXX SYSTEMS MANAGEMENT, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary, Treasurer Financial Officer PICIS (WISCONSIN), INC. Xx: /x/ X. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Vice President, Secretary, Treasurer IBEX HEALXXXXXX XXXXEMS, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- --------------------------- Name: R. Scotx Xxxxx XxxleScott Lentz Titxx: Secretary Xxxx Xresident, Treasurer BANK: SILICON VALLXX XXXX, X/B/A SILICON VALLEY BANK, d/b/a SIXXXXX XXXXXY EAST By: /s/ [illegible signatureIllegible Signature] ------------------------------------- --------------------------- Name: Title: Senior Vice President FOURTH FIFTH LOAN MODIFICATION AGREEMENT This Fourth Fifth Loan Modification Agreement (this "LOAN MODIFICATION AGREEMENT'") is entered into as of June 29August 17, 2006, by and between SILICON VALLEY BANK, a California-chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan proxxxxxxx xxxxxx xxxxxxx xx Xxx Xxxxxx Xxxxxxxxx Xark, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462, doing business xxxxx xxx xxxx "Xxxxxxx Xxxxxx Xxxx" ("XXXX") xxx XICIS, INC., a Delaware corporation with offices at 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880, and PICIS (XXXXXXXXX), XXX. x Xxxxxxxxx xxxxxxxxxxx xxxx xxxxxxx xt 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880 (jointly anx xxxxxxxxx, xxxxxxxxxxxx xxx xxxxxxxxxxxx, "XXXXXXXX").
Appears in 1 contract
COUNTERSIGNATURE. This Loan Modification Agreement shall become effective ---------------- only when it shall have been executed by Borrower and BankBank (provided, however, in no event shall this Loan Modification Agreement become effective until signed by an officer of Bank in California). [The remainder of this page is intentionally left blank] This Loan Modification Agreement is executed as a sealed instrument under the laws of the Commonwealth of Massachusetts as of the date first written above. ("BORROWER: PICIS, INC. ") LTX CORPORATION By: /s/ R. SCOTT LENTZ ------------------------------------- :______________________________________ Name: R. Scotx Xxxxx Xxxle: Secretary, CFO PICIS US, INC., FORMERLY KNOWN XX XXXXXXX SYSTEMS MANAGEMENT, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary, Treasurer PICIS :____________________________________ Title:___________________________________ (WISCONSIN), INC. Xx: /x/ X. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Vice President, Secretary, Treasurer IBEX HEALXXXXXX XXXXEMS, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary "BANK: ") SILICON VALLEY BANK, d/b/a SIXXXXX XXXXXY doing business as SILICON VALLEY EAST By:______________________________________ Name:____________________________________ Title:___________________________________ SILICON VALLEY BANK By:______________________________________ Name:____________________________________ Title:___________________________________ (signed in Santa Xxxxx County, California) EXHIBIT A BORROWING BASE CERTIFICATE ________________________________________________________________________________ Borrower: /s/ [illegible signature] ------------------------------------- NameLTX Corporation Lender: TitleSilicon Valley Bank Commitment Amount: Vice President FOURTH LOAN MODIFICATION AGREEMENT This Fourth Loan Modification Agreement (this "LOAN MODIFICATION AGREEMENT') is entered into $15,000,000.00 ________________________________________________________________________________ ACCOUNTS RECEIVABLE 1. Accounts Receivable Book Value as of June 29____________________ $ _____________ 2. Additions (please explain on reverse) $ _____________ 3. TOTAL ACCOUNTS RECEIVABLE $ _____________ ACCOUNTS RECEIVABLE DEDUCTIONS (without duplication) 4. Amounts over 90 days due $ _____________ 5. Balance of 50% over 90 day accounts $ _____________ 6. Credit balances over 90 days $ _____________ 7. Concentration Limits $ _____________ 8. Foreign Accounts (excluding Eligible Foreign Accounts) $ _____________ 9. Governmental Accounts $ _____________ 10. Contra Accounts $ _____________ 11. Promotion or Demo Accounts $ _____________ 12. Intercompany/Employee Accounts $ _____________ 13. Other (please explain on reverse) $ _____________ 14. TOTAL ACCOUNTS RECEIVABLE DEDUCTIONS $ _____________ 15. Eligible Accounts (#3 minus #14) $ _____________ 16. LOAN VALUE OF ACCOUNTS ( 80% of #15) $ _____________ BALANCES 17. Maximum Loan Amount $15,000,000.00 18. Total Funds Available [Lesser of #17 or #16] $ _____________ 19. Present balance owing on Line of Credit $ _____________ 20. Outstanding under Sublimits $ _____________ 21. RESERVE POSITION (#18 minus #19 and #20) $ _____________ The undersigned represents and warrants that this is true, 2006complete and correct, by and that the information in this Borrowing Base Certificate complies with the representations and warranties in the Loan and Security Agreement between the undersigned and Silicon Valley Bank. ----------------------------------- COMMENTS: BANK USE ONLY By: ___________________________ Received by: _____________________ Authorized Signer Authorized signer Date: ____________________________ Verified: ________________________ Authorized signer Date: ____________________________ Compliance Status: Yes No 3 ----------------------------------- EXHIBIT B COMPLIANCE CERTIFICATE TO: SILICON VALLEY BANKBANK FROM: LTX CORPORATION The undersigned authorized officer of LTX CORPORATION certifies that under the terms and conditions of the Loan and Security Agreement between Borrower and Bank (the "Agreement"), a California-chartered bank, (i) Borrower is in complete compliance for the period ending _______________ with its principal place 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 business at 3003 Tasman Drive, Santa Clara, California 95054 and determination that Borrower is not in compliance with a loan proxxxxxxx xxxxxx xxxxxxx xx Xxx Xxxxxx Xxxxxxxxx Xark, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462, doing business xxxxx xxx xxxx "Xxxxxxx Xxxxxx Xxxx" ("XXXX") xxx XICIS, INC., a Delaware corporation with offices at 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880any of the terms of the Agreement, and PICIS (XXXXXXXXX), XXXthat compliance is determined not just at the date this certificate is delivered. x Xxxxxxxxx xxxxxxxxxxx xxxx xxxxxxx xt 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880 (jointly anx xxxxxxxxx, xxxxxxxxxxxx xxx xxxxxxxxxxxx, Please indicate compliance status by circling Yes/No under "XXXXXXXX")Complies" column.
Appears in 1 contract
COUNTERSIGNATURE. This Loan Modification Agreement shall become effective only when it shall have been executed by Borrower and Bank. [remainder of page intentionally left blank] This Fifth Loan Modification Agreement is executed as a sealed instrument under the laws of the Commonwealth of Massachusetts as of the date first written above. BORROWER: PICIS, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Scott Lentz ---------------------------------- Name: R. Scotx Xxxxx XxxleScott Lenxx Xxxxx: Secretary, CFO PICIS US, INC., FORMERLY KNOWN XX XXXXXXX SYSTEMS MANAGEMENT, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary, Treasurer Xhief Financial Officer PICIS (WISCONSIN), INC. Xx: /x/ X. SCOTT LENTZ ------------------------------------- Scott Lentz ---------------------------------- Name: R. Scotx Xxxxx XxxleScott Lenxx Xxxxx: Vice President, Secretary, Treasurer IBEX HEALXXXXXX XXXXEMS, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary Xreasurer BANK: SILICON VALLEY BANK, dD/bB/a A SIXXXXX XXXXXY EAST By: /s/ [illegible signature] ------------------------------------- Michael J. Tramack ---------------------------------- Name: TitleMichaxx X. Xxxxxxx Xxxxe: Senior Vice President FOURTH SEVENTH LOAN MODIFICATION AGREEMENT This Fourth Seventh Loan Modification Agreement (this "LOAN MODIFICATION AGREEMENT'") is entered into as of June 29December 26, 2006, by and between SILICON VALLEY BANK, a California-chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan proxxxxxxx xxxxxx xxxxxxx xx Xxx Xxxxxx Xxxxxxxxx Xark, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462, doing business xxxxx xxx xxxx "Xxxxxxx Xxxxxx Xxxx" ("XXXX") xxx XICIS, INC., a Delaware corporation with offices at 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880, and PICIS (XXXXXXXXX), XXX. x Xxxxxxxxx xxxxxxxxxxx xxxx xxxxxxx xt 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880 (jointly anx xxxxxxxxx, xxxxxxxxxxxx xxx xxxxxxxxxxxx, "XXXXXXXX").
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COUNTERSIGNATURE. This Loan Modification Agreement shall become effective only when it shall have been executed by Borrower and BankBank (provided, however, in no event shall this Loan Modification Agreement become effective until signed by an officer of Bank in California). [remainder of page intentionally left blankTHE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] This Loan Modification Agreement is executed as a sealed instrument under the laws of the Commonwealth of Massachusetts as of the date first written above. BORROWER: PICISKANBAY INTERNATIONAL, INC. KANBAY AUSTRALIA PTY. LTD. By: /s/ R. SCOTT LENTZ ------------------------------------- Xxxxxxx Xxxxxxxx By: /s/ Xxxxxxx Xxxxxxxx ------------------------------------ ------------------------- Name: R. Scotx Xxxxx XxxleXxxxxxx Xxxxxxxx Name: Secretary, Xxxxxxx Xxxxxxxx ---------------------------------- ----------------------- Title: VP & CFO PICIS US, INC., FORMERLY KNOWN XX XXXXXXX SYSTEMS MANAGEMENT, INCTitle: Director --------------------------------- ---------------------- KANBAY INCORPORATED MEGATEC PTY. LTD. By: /s/ R. SCOTT LENTZ ------------------------------------- Xxxxxxx Xxxxxxxx By: /s/ Xxxxxxx Xxxxxxxx ------------------------------------ ------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary, Treasurer PICIS (WISCONSIN), INC. Xx: /x/ X. SCOTT LENTZ ------------------------------------- Xxxxxxx Xxxxxxxx Name: R. Scotx Xxxxx XxxleXxxxxxx Xxxxxxxx ---------------------------------- ----------------------- Title: Vice President, Secretary, Treasurer IBEX HEALXXXXXX XXXXEMS, INCDirector Title: Director --------------------------------- --------------------- KANBAY EUROPE LTD. KANBAY HK LTD. By: /s/ R. SCOTT LENTZ ------------------------------------- Xxxxxxx Xxxxxxxx By: /s/ Xxxxxxx Xxxxxxxx ------------------------------------ ------------------------- Name: R. Scotx Xxxxx XxxleXxxxxxx Xxxxxxxx Name: Secretary Xxxxxxx Xxxxxxxx ---------------------------------- ----------------------- Title: Director Title: Director --------------------------------- --------------------- BANK: SILICON VALLEY BANK, d/b/a SIXXXXX XXXXXY EAST BANK By: /s/ [illegible signature] ------------------------------------- ------------------------------------ Name: ---------------------------------- Title: Vice President FOURTH --------------------------------- CORPORATE RESOLUTIONS FOR AMENDING LOAN MODIFICATION AGREEMENT This Fourth Loan Modification Agreement ARRANGEMENT Xxxxxxx Xxxxxxxx, being the Secretary of KANBAY INCORPORATED, a corporation duly organized, validly existing, and in good standing under the laws of the State of Illinois, CERTIFIES that the following resolutions were adopted CHECK [] at a duly called and conducted meeting of the Directors of ONE said corporation held on ______________ at which a quorum was present and voting throughout, [xx] by the unanimous consent of the Directors of said corporation, the originals of which consents having been placed with the records of meetings of Directors of said corporation, and are in conformity with the Certificate of Incorporation and By-Laws of said corporation (each as amended to date) and that each of the following resolutions presently is in full force and effect without change: AMENDMENT OF LOAN ARRANGEMENT RESOLVED, That this corporation amend its loan arrangements with Silicon Valley Bank (hereinafter, with any successor, the "LOAN MODIFICATION AGREEMENT'Bank") in such manner as has been or is entered into as of June 29, 2006, hereafter discussed and negotiated by and between SILICON VALLEY BANKthe Bank on the one hand and any of the following, a California-chartered bankacting on behalf of this corporation, on the other: Insert title, only, if Persons to act on behalf of corporation have titles. Otherwise, insert names. In connection with the foregoing, each of said officers and/or persons, acting as described above, is authorized to execute, seal, acknowledge, and deliver in the name of and on behalf of this corporation such instruments, documents, and papers which relate thereto as may be appropriate, each in such form and upon such terms as the officer(s) and/or person(s) so authorized determines, such execution and delivery to be conclusive of such officer'(s) and/or person'(s) authority so to act in the name of and on behalf of this corporation. DELEGATION OF AUTHORITY RESOLVED, That any one of the officers and/or persons authorized by the foregoing Resolution, acting singly, may by written instrument furnished the Bank delegate to any other officer or person the same authority which is vested singly and individually by said Resolution in the person(s) or officer(s) so delegating authority, which written delegation shall be in such form as may be requested by the Bank and may be subject to such restrictions and limitations as may be indicated thereon. CONTINUATION OF AUTHORITY RESOLVED, That all resolutions and delegations relative to the authority of any officer or person to act on behalf of this corporation shall remain in full force and effect until the Bank's receipt of written notice of the revocation or modification of such authority from the person signing below as the Secretary of this corporation or from that person whom the Bank reasonably believes to be authorized to act in this regard on behalf of this corporation. RATIFICATION OF PRIOR TRANSACTIONS RESOLVED, That all action heretofore taken on behalf of this corporation and all instruments, documents, and papers heretofore executed in the name of and on behalf of this corporation concerning this corporation's relationship with the Bank be, and they hereby are, approved, adopted, and ratified. This corporation shall indemnify, defend, and hold the Bank harmless of and from any loss, liability, or damage the Bank may suffer or incur on account of this corporation's relationship with the Bank. REVOCATION OF INCONSISTENT RESOLUTIONS RESOLVED, That any and all resolutions of this corporation which may be in conflict with any of the foregoing resolutions be, and they hereby are, revoked. RESOLVED, That the resolutions of this corporation's Directors concerning this corporation's relationship with and borrowing from Silicon Valley Bank (the "Bank"), with its principal place of business offices at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan proxxxxxxx xxxxxx xxxxxxx xx Xxx One Xxxxxx Xxxxxxxxx XarkExecutive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462Massachusetts, doing business xxxxx xxx xxxx "Xxxxxxx Xxxxxx Xxxx" ("XXXX") xxx XICISpursuant to which, INC.among other things, this corporation may be granting the Bank a Delaware corporation with offices at 100 Quannapowitt Parkwaysecurity interest or other collateral in and to, Wakefieldand/or mortgaging, Massachusetts 01880all or any portion of the assets of this corporation, be, and PICIS (XXXXXXXXX)said resolutions are hereby approved, XXXadopted, and incorporated herein by reference. x Xxxxxxxxx xxxxxxxxxxx xxxx xxxxxxx xt 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880 (jointly anx xxxxxxxxx, xxxxxxxxxxxx xxx xxxxxxxxxxxx, "XXXXXXXX").PERSONS PRESENTLY AUTHORIZED TO ACT I further CERTIFY that the following persons presently are authorized under the preceding Resolutions to act: NAME TITLE SPECIMEN SIGNATURES --------------------------------------------------------------------------------
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Samples: Third Loan Modification Agreement (Kanbay International Inc)
COUNTERSIGNATURE. This Loan Modification Agreement shall become effective only when it shall have been executed by Borrower and Bank. [remainder of page intentionally left blank] This Loan Modification Agreement is executed as a sealed instrument under the laws of the Commonwealth of Massachusetts as of the date first written above. BORROWER: PICISBANK: ATHENAHEALTH, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary, CFO PICIS US, INC., FORMERLY KNOWN XX XXXXXXX SYSTEMS MANAGEMENT, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary, Treasurer PICIS (WISCONSIN), INC. Xx: /x/ X. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Vice President, Secretary, Treasurer IBEX HEALXXXXXX XXXXEMS, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary BANK: SILICON VALLEY BANK, d/b/a SIXXXXX XXXXXY EAST By: /s/ [illegible signature] ------------------------------------- Xxxxxxxx Xxxx By: /s/ Xxxxx Xxxxx --------------------------------- ------------------------------------ Name: Xxxxxxxx Xxxx Name: Xxxxx Xxxxx Title: Vice President FOURTH & CEO Title: RM PATENT APPLICATIONS PATENT DOCKET APPLICATION FILING DESCRIPTION NO. COUNTRY NUMBER DATE STATUS ----------- ------ ------- ----------- ------- ------- "Method for Sharing of Medical Information" USA 60/818,181 6/30/06 Pending Automated Installation and Configuration of USA 60/832,073 7/20/06 Pending Medical Practice Management Systems" "Medical Image Annotation" USA 11/514,469 9/1/06 Pending TRADEMARKS (INCLUDING BUT NOT LIMITED TO) TRADEMARK REGISTRATION REG. DESCRIPTION COUNTRY DATE NO. STATUS ----------- ------- ------------- ------- ------ ATHENAHEALTH** USA July 15, 2003 2737212 Active athenaClinicals None Payerview None ** Originally XXXXXXXXXXXX.XXX TRADEMARK APPLICATIONS TRADEMARK DATE SERIAL DESCRIPTION FILED NUMBER ----------- ------- -------- "RUN A PRACTICE NOT AN OBSTACLE COURSE" 6/12/06 78905735 OLIVE BRANCH (DESIGN) 1/30/06 78802459 NINTH LOAN MODIFICATION AGREEMENT This Fourth Ninth Loan Modification Agreement (this "LOAN MODIFICATION AGREEMENT'Loan Modification Agreement") is entered into as of June January 29, 20062007, by and between SILICON VALLEY BANK, a California-chartered bank, with its principal place of business at 3003 Tasman Drive0000 Xxxxxx Xxxxx, Santa ClaraXxxxx Xxxxx, California 95054 Xxxxxxxxxx 00000 and with a loan proxxxxxxx xxxxxx xxxxxxx xx Xxx Xxxxxx Xxxxxxxxx Xarkproduction office located at One Newton Executive Park, Suite 200, 2221 Washington Street0000 Xxxxxxxxxx Xxxxxx, NewtonXxxxxx, Massachusetts 02462, doing business xxxxx xxx xxxx "Xxxxxxx Xxxxxx Xxxx" Xxxxxxxxxxxxx 00000 ("XXXXBank") xxx XICISand ATHENAHEALTH, INC., a Delaware corporation with offices its chief executive office located at 100 Quannapowitt Parkway000 Xxxxxxx Xxxxxx, WakefieldXxxxxxxxx, Massachusetts 01880, and PICIS Xxxxxxxxxxxxx 00000 (XXXXXXXXX), XXX. x Xxxxxxxxx xxxxxxxxxxx xxxx xxxxxxx xt 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880 (jointly anx xxxxxxxxx, xxxxxxxxxxxx xxx xxxxxxxxxxxx, "XXXXXXXXBorrower").
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COUNTERSIGNATURE. This Loan Modification Agreement shall become effective only when it shall have been executed by Borrower and BankBank (provided, however, in no event shall this Loan Modification Agreement become effective until signed by an officer of Bank in California). [remainder of page intentionally left blank] This Loan Modification Agreement is executed as a sealed instrument under the laws of the Commonwealth of Massachusetts as of the date first written above. BORROWERBORROWERS: PICIS, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary, CFO PICIS US, INC., FORMERLY KNOWN XX XXXXXXX SYSTEMS MANAGEMENT, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary, Treasurer PICIS (WISCONSIN), INC. Xx: /x/ X. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Vice President, Secretary, Treasurer IBEX HEALXXXXXX XXXXEMS, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary BANK: VISUAL NETWORKS, INC SILICON VALLEY BANK, d/b/a SIXXXXX XXXXXY doing business as SILICON VALLEY EAST By: /s/ [illegible signature] ------------------------------------- Xxxxx X. Xxxxxxxx By: /s/ Xxxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Name: Xxxxxx X. Xxxxxxxx Title: Chief Financial Officer Title: Vice President FOURTH LOAN MODIFICATION AGREEMENT This Fourth Loan Modification Agreement (this "LOAN MODIFICATION AGREEMENT') is entered into as of June 29VISUAL NETWORKS OPERATIONS, 2006INC SILICON VALLEY BANK By: /s/ Xxxxx X. Xxxxxxxx By: /s/ Xxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxxx Name: Xxx X. Xxxxxxx Title: Treasurer Title: Sr. Vice President VISUAL NETWORKS INVESTMENTS, INC By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Treasurer VISUAL NETWORKS TECHNOLOGIES, INC By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Treasurer VISUAL NETWORKS OF TEXAS, L.P., by and between SILICON VALLEY BANKVisual Networks Texas Operations, a California-chartered bankInc., with its principal place of business at 3003 Tasman DriveGeneral Partner By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Treasurer BORROWERS: (Cont’d) VISUAL NETWORKS INSURANCE, Santa ClaraINC By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Treasurer INVERSE NETWORK TECHNOLOGY By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: President AVESTA TECHNOLOGIES, California 95054 and with a loan proxxxxxxx xxxxxx xxxxxxx xx Xxx Xxxxxx Xxxxxxxxx Xark, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462, doing business xxxxx xxx xxxx "Xxxxxxx Xxxxxx Xxxx" ("XXXX") xxx XICIS, INC., a Delaware corporation with offices at 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880, and PICIS (XXXXXXXXX), XXX. x Xxxxxxxxx xxxxxxxxxxx xxxx xxxxxxx xt 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880 (jointly anx xxxxxxxxx, xxxxxxxxxxxx xxx xxxxxxxxxxxx, "XXXXXXXX").INC By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx
Appears in 1 contract
Samples: Accounts Receivable Financing Agreement (Visual Networks Inc)
COUNTERSIGNATURE. This Loan Modification Agreement shall become effective only when it shall have been executed by Borrower and BankBank (provided, however, in no event shall this Loan Modification Agreement become effective until signed by an officer of Bank in California). [remainder of page intentionally left blank] This Loan Modification Agreement is executed as a sealed instrument under the laws of the Commonwealth of Massachusetts as of the date first written above. BORROWER: PICIS, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary, CFO PICIS US, INC., FORMERLY KNOWN XX XXXXXXX SYSTEMS MANAGEMENT, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary, Treasurer PICIS (WISCONSIN), INC. Xx: /x/ X. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Vice President, Secretary, Treasurer IBEX HEALXXXXXX XXXXEMS, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary BANK: ROVING SOFTWARE INCORPORATED SILICON VALLEY BANK, d/b/a SIXXXXX XXXXXY doing business as SILICON VALLEY EAST By: /s/ [illegible signature] ------------------------------------- Gail Goodmax By: /s/ Pamela Aldsxxxxx --------------------------------- ------------------------------------ Name: Gail Goodmax Name: Pamela Aldsxxxxx ------------------------------- ---------------------------------- Title: Vice President FOURTH LOAN MODIFICATION AGREEMENT This Fourth Loan Modification Agreement (this "LOAN MODIFICATION AGREEMENT') is entered into as of June 29, 2006, by and between CEO Title: SCO ------------------------------ --------------------------------- SILICON VALLEY BANKBANK By: /s/ Maggie Garcxx ------------------------------------ Name: Maggie Garcxx ---------------------------------- Title: AVP --------------------------------- (signed in Santa Clara Countx, a California-chartered bank) SILICON VALLEY BANK INVOICE FOR LOAN CHARGES BORROWER: ROVING SOFTWARE INCORPORATED LOAN OFFICER: MR. MICHAEL XXXX XXXX: February 10, with its principal place 2004 2004 Equipment Line Fee $4,500.00 --------- TOTAL FEES DUE $4,500.00 ========= Please indicate the method of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan proxxxxxxx xxxxxx xxxxxxx xx Xxx Xxxxxx Xxxxxxxxx Xark, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462, doing business xxxxx xxx xxxx "Xxxxxxx Xxxxxx Xxxx" ("XXXX") xxx XICIS, INC., a Delaware corporation with offices at 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880, and PICIS (XXXXXXXXX), XXXpayment: [ ] A check for the total amount is attached. x Xxxxxxxxx xxxxxxxxxxx xxxx xxxxxxx xt 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880 (jointly anx xxxxxxxxx, xxxxxxxxxxxx xxx xxxxxxxxxxxx, "XXXXXXXX").[X] Debit DDA 3300147118 for the total amount. [ ] Loan proceeds
Appears in 1 contract
Samples: Loan Modification Agreement (Constant Contact, Inc.)
COUNTERSIGNATURE. This Loan Modification Agreement shall become effective only when it shall have been executed by Borrower and Bank. [remainder of page intentionally left blank] This Fourth Loan Modification Agreement is executed as a sealed instrument under the laws of the Commonwealth of Massachusetts as of the date first written above. BORROWER: PICIS, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- --------------------------- Name: R. Scotx Scott Lentz Titxx: Xxxxx Xxxle: Secretary, CFO PICIS US, INC., FORMERLY KNOWN XX XXXXXXX SYSTEMS MANAGEMENT, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary, Treasurer Financial Officer PICIS (WISCONSIN), INC. Xx: /x/ X. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Vice President, Secretary, Treasurer IBEX HEALXXXXXX XXXXEMS, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- --------------------------- Name: R. Scotx Xxxxx XxxleScott Lentz Titxx: Secretary Xxxx Xresident, Treasurer BANK: SILICON VALLXX XXXX, X/B/A SILICON VALLEY BANK, d/b/a SIXXXXX XXXXXY EAST By: /s/ [illegible signatureIllegible Signature] ------------------------------------- --------------------------- Name: Title: Senior Vice President FOURTH FIFTH LOAN MODIFICATION AGREEMENT This Fourth Fifth Loan Modification Agreement (this "LOAN MODIFICATION AGREEMENT'") is entered into as of June 29August 17, 2006, by and between SILICON VALLEY BANK, a California-chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan proxxxxxxx xxxxxx xxxxxxx xx Xxx Xxxxxx Xxxxxxxxx Xark, Suite 200, 2221 Washington Street, Newton, Massachusetts Maxxxxxxsetts 02462, doing business xxxxx xxx xxxx "Xxxxxxx Xxxxxx Xxxx" ("XXXX") xxx XICIS, INC., a Delaware corporation with offices at 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880, and PICIS (XXXXXXXXX), XXX. x Xxxxxxxxx xxxxxxxxxxx xxxx xxxxxxx xt 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880 (jointly anx xxxxxxxxx, xxxxxxxxxxxx xxx xxxxxxxxxxxx, "XXXXXXXX").
Appears in 1 contract
COUNTERSIGNATURE. This Loan Modification Agreement shall become effective only when it shall have been executed by Borrower and BankBank (provided, however, in no event shall this Loan Modification Agreement become effective until signed by an officer of Bank in California). [The remainder of this page is intentionally left blank] This Loan Modification Agreement is executed as a sealed instrument under the laws of the Commonwealth of Massachusetts as of the date first written above. BORROWER: PICIS, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary, CFO PICIS US, INC., FORMERLY KNOWN XX XXXXXXX SYSTEMS MANAGEMENT, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary, Treasurer PICIS (WISCONSIN), INC. Xx: /x/ X. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Vice President, Secretary, Treasurer IBEX HEALXXXXXX XXXXEMS, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary BANK: PHASE FORWARD INCORPORATED SILICON VALLEY BANK, d/b/a SIXXXXX XXXXXY doing business as SILICON VALLEY EAST By: /s/ [illegible signature] ------------------------------------- William G. Porter By: /s/ Michael Tromack ---------------------------- --------------------------------------- Name: William G. Porter Name: Michael Tromack Title: Vice President FOURTH Prexxxxxx, Xxxxxxx Title: Vice Prexxxxxx Phase Forward Incorporated SILICON VALLEY BANK By: /s/ Maggie Garcia --------------------------------------- Name: Maggie Garcia Title: AVP (signed in Santa Clara County, California) The undersigned, PHASE FORWARD SECURXXXXX CORPORATION, ratifies, confirms and reaffirms, all and singular, the terms and conditions of a certain Unlimited Guaranty dated May 3, 1999 (the "Guaranty") and acknowledges, confirms and agrees that the Guaranty shall remain in full force and effect and shall in no way be limited by the execution of this Loan Modification Agreement, or any other documents, instruments and/or agreements executed and/or delivered in connection herewith. PHASE FORWARD SECURITIES CORPORATION By: /s/ John J. Schickling --------------------------------------- Name: John J. Schickling Title: Treasuxxx FIRST LOAN MODIFICATION AGREEMENT This Fourth First Loan Modification Agreement (this "LOAN MODIFICATION AGREEMENT'Loan Modification Agreement") is entered into as of June 29December 24, 20062002, by and between SILICON VALLEY BANK, a California-chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan proxxxxxxx prodxxxxxx xxxxxx xxxxxxx xx Xxx Xxxxxx Xxxxxxxxx XarkXxrk, Suite 200, 2221 Washington Street, Newton, Massachusetts Masxxxxxxetts 02462, doing business xxxxx uxxxx xxx xxxx "Xxxxxxx Xxxxxx Xxxx" ("XXXXXxxx") xxx XICIS, INC.XXASE FORWARD INCORPORATED, a Delaware corporation with offices its principal place of business at 100 Quannapowitt Parkway1440 Main Street, WakefieldWaltham, Massachusetts 01880, and PICIS 02451 (XXXXXXXXX), XXX. x Xxxxxxxxx xxxxxxxxxxx xxxx xxxxxxx xt 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880 (jointly anx xxxxxxxxx, xxxxxxxxxxxx xxx xxxxxxxxxxxx, "XXXXXXXXBorrower").
Appears in 1 contract
COUNTERSIGNATURE. This Loan Modification Agreement shall become effective only when it shall have been executed by Borrower and BankBank (provided, however, in no event shall this Loan Modification Agreement become effective until signed by an officer of Bank in California). [The remainder of this page is intentionally left blank] This Loan Modification Agreement is executed as a sealed instrument under the laws of the Commonwealth of Massachusetts as of the date first written above. BORROWER: PICIS, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary, CFO PICIS US, INC., FORMERLY KNOWN XX XXXXXXX SYSTEMS MANAGEMENT, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary, Treasurer PICIS (WISCONSIN), INC. Xx: /x/ X. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Vice President, Secretary, Treasurer IBEX HEALXXXXXX XXXXEMS, INC. By: /s/ R. SCOTT LENTZ ------------------------------------- Name: R. Scotx Xxxxx Xxxle: Secretary BANK: PHASE FORWARD INCORPORATED SILICON VALLEY BANK, d/b/a SIXXXXX XXXXXY doing business as SILICON VALLEY EAST By: /s/ [illegible signature] ------------------------------------- John J. Schickling By: /s/ Michael Tramack ________________________________ ___________________________________ Name: John J. Schickling Name: Michael Tramack ______________________________ _________________________________ Title: Senior VP & CFO Title: Vice President _____________________________ ________________________________ SILICON VALLEY BANK By:___________________________________ Name:_________________________________ Title:________________________________ (signed in Santa Clara County, California) The undersigned, PHASE FORWARD SEXXXXXIES CORPORATION, ratifies, confirms and reaffirms, all and singular, the terms and conditions of a certain Unlimited Guaranty dated May 3, 1999 (the "Guaranty") and acknowledges, confirms and agrees that the Guaranty shall remain in full force and effect and shall in no way be limited by the execution of this Loan Modification Agreement, or any other documents, instruments and/or agreements executed and/or delivered in connection herewith. PHASE FORWARD SECURITIES CORPORATION By: /s/ John J. Schickling _________________________________________ Name: John J. Schickling Title: Treasurer FOURTH LOAN MODIFICATION AGREEMENT This Fourth Loan Modification Agreement (this "LOAN MODIFICATION AGREEMENTLoan Modification Agreement') is entered into as of June 29February 27, 20062004, by and between SILICON VALLEY BANK, a California-chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan proxxxxxxx prodxxxxxx xxxxxx xxxxxxx xx Xxx Xxxxxx Xxxxxxxxx XarkXxrk, Suite 200, 2221 Washington Street, Newton, Massachusetts Masxxxxxxetts 02462, doing business xxxxx uxxxx xxx xxxx "Xxxxxxx Xxxxxx Xxxx" ("XXXXXxxx") xxx XICIS, INC.XXASE FORWARD INCORPORATED, a Delaware corporation with offices at 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880, and PICIS (XXXXXXXXX), XXX. x Xxxxxxxxx xxxxxxxxxxx xxxx xxxxxxx xt 100 Quannapowitt Parkway, Wakefield, Massachusetts 01880 (jointly anx xxxxxxxxx, xxxxxxxxxxxx xxx xxxxxxxxxxxx, "XXXXXXXXBorrower").
Appears in 1 contract
