Common use of DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS Clause in Contracts

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of April 17, 2002, evidenced by, among other documents, a certain Second Amended and Restated Loan and Security Agreement dated as of April 17, 2002 between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of December 24, 2002, as further amended by a certain Second Loan Modification Agreement dated as of February 28, 2003, as further amended by a certain Third Loan Modification Agreement dated as of March 31, 2003, and as further amended by a certain Fourth Loan Modification Agreement dated as of February 27, 2004 (as amended, the "Loan Agreement"). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 2 contracts

Samples: Fifth Loan Modification Agreement (Phase Forward Inc), Loan Modification Agreement (Phase Forward Inc)

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DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of April 17February 18, 20022010, evidenced by, among other documents, a certain Second Amended and Restated Loan and Security Agreement dated as of April 17February 18, 2002 2010, between Borrower and Bank, as amended by a certain First Loan Modification Agreement Agreement, dated as of December 24March 7, 20022011, as further amended by a certain Second Loan Modification Agreement Agreement, dated as of February 28May 18, 20032011, as further amended by a certain Third Loan Modification Agreement Agreement, dated as of March 31June 1, 20032012, and as further amended by a certain Fourth Loan Modification Agreement Agreement, dated as of February 27March 1, 2004 2013 (as amended, the "Loan Agreement"). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 1 contract

Samples: Loan Modification Agreement (Luna Innovations Inc)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of April 17January 30, 20022003, evidenced by, among other documents, a certain Second Amended and Restated Loan and Security Agreement dated as of April 17January 30, 2002 2003 between Borrower and Bank, as amended by a certain letter agreement dated February 14, 2003, a certain First Loan Modification Agreement dated as of December 24June 27, 20022003, as further amended by a certain Second Loan Modification Agreement dated as of February 28September 10, 20032004, as further amended by a certain Third Loan Modification Agreement dated as of March 31January 28, 20032005, and as further amended by a certain Fourth Loan Modification Agreement (the “Fourth Amendment”) dated as of February 27April 1, 2004 2005 (as amended, the "Loan Agreement"). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 1 contract

Samples: Fifth Loan Modification Agreement (Aspen Technology Inc /De/)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of April 17May 23, 20022012, evidenced by, among other documents, a certain Second Amended and Restated Loan and Security Agreement dated as of April 17May 23, 2002 2012, between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of December 24April 26, 20022013, as further amended by a certain Second Loan Modification Agreement dated as of February 2818, 20032014, and as further amended by a certain Third Loan Modification Agreement dated as of March 31, 20032015, and as further amended by a certain Fourth Amendment to Loan Modification and Security Agreement dated as of February 27March 29, 2004 2016 (as amended, the "Loan Agreement"). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 1 contract

Samples: Fifth Loan Modification Agreement (Jive Software, Inc.)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of April 17March 31, 20022008, evidenced by, among other documents, a certain Second Fourth Amended and Restated Loan and Security Agreement dated as of April 17March 31, 2002 between 2008, among Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of December 24March 30, 20022009, as further amended by a certain Second Loan Modification Agreement dated as of February 28August 27, 20032009, as further amended by a certain Third Loan Modification Agreement dated as of March December 31, 20032009, and as further amended by a certain Fourth Loan Modification Agreement dated as of February 27April 15, 2004 2010 (as amended, the "Loan Agreement"). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 1 contract

Samples: Fifth Loan Modification Agreement (GlobalOptions Group, Inc.)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to the Bank pursuant to a loan arrangement dated as of April 17December 29, 20022004, evidenced by, among other documents, a certain Second Amended and Restated Loan and Security Agreement (Operating Line of Credit) dated as of April 17December 29, 2002 2004, between Borrower and the Bank, as amended by a that certain First Loan Modification Agreement dated as of December 24June 21, 20022005, as further amended by a that certain Second Loan Modification Agreement dated as of February 28, 2003November 9,2005, as further amended by a that certain Third Amendment to Loan Modification and Security Agreement dated as of March 31June 21, 20032006, and as further amended by a that certain Default Waiver and Fourth Amendment to Loan Modification and Security Agreement dated as of February 27August 22, 2004 2006 (as amended, the "Loan Agreement"). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Infinera Corp)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of April 17October 2, 20022007, evidenced by, among other documents, a certain Second Amended and Restated Loan and Security Agreement dated as of April 17October 2, 2002 2007, between Borrower and Bank, as amended modified by a certain First Loan Modification Agreement dated as of December 24April 28, 20022008, as further amended modified by a certain Second Loan Modification Agreement Agreement, dated as of February 28October 9, 20032008, and as further amended modified by a certain Third Loan Modification Agreement dated Agreement, entered into as of March 31January 26, 20032009, and with an effective date as further amended by a certain Fourth of the Third Loan Modification Agreement dated as of February 27, 2004 Effective Date (as amended, the "Loan Agreement"). Capitalized terms used but not otherwise defined herein shall have the same meaning as given such terms in the Loan Agreement.

Appears in 1 contract

Samples: Fourth Loan Modification Agreement (Ibasis Inc)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of April 17, 20022003, evidenced by, among other documents, a certain Second Amended and Restated Loan and Security Agreement dated as of April 17, 2002 between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of December 24, 2002, as further amended by a certain Second Loan Modification Agreement dated as of February 28, 2003, and as further amended by a certain Third Loan Modification Agreement dated as of March 31, 2003, and as further amended by a certain Fourth Loan Modification Agreement dated as of February 27, 2004 2003 (as amended, the "Loan Agreement"). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 1 contract

Samples: Loan Modification Agreement (Phase Forward Inc)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of April 17June 13, 2002, evidenced by, among other documents, a certain Second Amended and Restated Loan and Security Agreement dated as of April 17June 13, 2002 2002, between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of December 24September 27, 2002, as further amended by a certain Amendment dated as of October __, 2002, as further amended by a certain Second Loan Modification Agreement dated as of February 28December 24, 20032002, and as further amended by a certain Third Loan Modification Agreement dated as of March 31October 20, 2003, and as further amended by a certain Fourth Loan Modification Agreement dated as of February 27, 2004 2003 (as amended, the "Loan Agreement"). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 1 contract

Samples: Fourth Loan Modification Agreement (Art Technology Group Inc)

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DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of April 17May 23, 20022012, evidenced by, among other documents, a certain Second Amended and Restated Loan and Security Agreement dated as of April 17May 23, 2002 2012, between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of December 24April 26, 20022013, as further amended by a certain Second Loan Modification Agreement dated as of February 2818, 20032014, and as further amended by a certain Third Loan Modification Agreement dated as of March 31, 2003, and as further amended by a certain Fourth Loan Modification Agreement dated as of February 27, 2004 2015 (as amended, the "Loan Agreement"). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 1 contract

Samples: Fourth Loan Modification Agreement (Jive Software, Inc.)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of April 17September 8, 20022008, evidenced by, among other documents, a certain Second Amended and Restated Loan and Security Agreement dated as of April 17September 8, 2002 2008, between Borrower and Bank, as amended by a certain First Loan Modification Agreement Agreement, dated as of December 24September 30, 20022009, as further amended by a certain Second Loan Modification Agreement Agreement, dated as of February 28March 8, 20032011, as further amended by a certain Third Loan Modification Agreement and Waiver Agreement, dated as of March 312, 2003, 2012 and as further amended by a certain Fourth Loan Modification Agreement Agreement, dated as of February 27October 3, 2004 2012 (as amended, the "Loan Agreement"). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 1 contract

Samples: Fifth Loan Modification and Waiver Agreement (World Energy Solutions, Inc.)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of April 17January 30, 20022009, evidenced by, among other documents, a certain Second Amended and Restated Loan and Security Agreement dated as of April 17January 30, 2002 2009, between Borrower and Bank, as amended by a certain First Loan Modification and Reinstatement Agreement dated as of December 24April 26, 20022010, as further amended by a certain Second Loan Modification Agreement dated as of February 28May 24, 20032011, and as further amended by a certain Third Loan Modification and Reinstatement Agreement dated as of March 31December 12, 20032012, and as further amended modified by a certain Fourth Loan Modification and Reinstatement Agreement dated as of February 27, 2004 2014 (the “Fourth Loan Modification”) (as amended, the "Loan Agreement"). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 1 contract

Samples: Fifth Loan Modification Agreement (Imprivata Inc)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of April 17June 7, 20022007, evidenced by, among other documents, a certain Second Amended and Restated Loan and Security Agreement dated as of April 17June 7, 2002 2007, between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of December 248, 20022008, as further amended by a certain Second Loan Modification Agreement dated as of February 28December 7, 20032009, as further amended by a certain Third Loan Modification Agreement dated as of March 31February 7, 20032010, and as further amended by a certain Fourth Loan Modification Agreement dated as of February 27March 7, 2004 2011, and as further amended by a certain Fifth Loan Modification Agreement dated as of December 30, 2011 (as amendedamended from time to time, the "Loan Agreement"). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 1 contract

Samples: Sixth Loan Modification Agreement (Tremor Video Inc.)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of April 17March 13, 20022007, evidenced by, among other documents, a certain Second Amended and Restated Loan and Security Agreement (working capital line of credit) dated as of April 17March 13, 2002 between 2007, among Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of December 24August 11, 20022008, as further amended amend by a certain Second Loan Modification Agreement dated as of February 28March 18, 20032009, as further amended by a certain Third Loan Modification Agreement dated as of March 31May 4, 20032009, and as further amended by a certain Fourth Loan Modification Agreement dated as of February 27July 2, 2004 2009 (the “Fourth Loan Modification Agreement”) (as amended, the "Loan Agreement"). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 1 contract

Samples: Fifth Loan Modification Agreement (Paradigm Holdings, Inc)

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