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 July 23, 2004, evidenced by, among other documents, a certain Loan and Security Agreement dated as of July 23, 2004, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement dated as of April 11, 2005, between Borrower and Bank, (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 3 contracts

Samples: Loan and Security Agreement (Skillsoft Public Limited Co), Loan and Security Agreement (Skillsoft Public Limited Co), Loan and Security Agreement (Skillsoft Public Limited Co)

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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 July 23June 9, 20042011, evidenced by, among other documents, a certain Loan and Security Agreement dated as of July 23June 9, 20042011, between Borrower and Bank, and as amended by a that certain First Loan Modification Agreement dated as of April 11March 13, 20052012, between Borrower and Bank, Bank (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 3 contracts

Samples: Loan and Security Agreement (Acacia Communications, Inc.), Loan and Security Agreement (Acacia Communications, Inc.), Loan and Security Agreement (Acacia Communications, 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 July 23June 7, 20042007, evidenced by, among other documents, a certain Loan and Security Agreement dated as of July 23June 7, 20042007, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement dated as of April 11December 8, 2005, between Borrower and Bank, 2008 (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 2 contracts

Samples: Loan and Security Agreement (Tremor Video Inc.), Loan and Security 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 July 23March 27, 20042002, evidenced by, among other documents, a certain Loan and Security Agreement dated as of July 23March 27, 20042002, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement dated as of April June 11, 20052003, between Borrower and Bankby a Loan Modification Agreement dated August 13, 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 2 contracts

Samples: Loan Modification Agreement (GTC Biotherapeutics Inc), Loan Modification Agreement (GTC Biotherapeutics 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 July 23September 9, 20042013, evidenced by, among other documents, a certain Loan and Security Agreement Agreement, dated as of July 23September 9, 20042013, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement and Waiver Agreement, dated as of April 11March 25, 2005, between Borrower and Bank, 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 2 contracts

Samples: Loan Modification Agreement (ECPM Holdings, LLC), Loan Modification Agreement (ECPM Holdings, LLC)

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 July 23February 27, 20042003, evidenced by, among other documents, a certain Loan and Security Agreement dated as of July 23February 27, 20042003, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement dated August 4, 2003, and as of April 11further amended by a certain Second Loan Modification Agreement dated February 10, 2005, between Borrower and Bank, 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: Loan and Security Agreement (Constant Contact, Inc.), Loan and Security Agreement (Constant Contact, 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 July 23August 30, 20042007, evidenced by, among other documents, a certain Loan and Security Agreement dated as of July 23August 30, 20042007, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement dated as of April 11June 26, 20052009, between Borrower and Bank, Bank (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: Loan and Security Agreement (T2 Biosystems, Inc.), Loan and Security Agreement (T2 Biosystems, 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 July 23August 5, 20042008, evidenced by, among other documents, a certain Loan and Security Agreement dated as of July 23August 5, 2004, 2008 between Borrower and Bank, and as amended by a that certain First Loan Modification Agreement dated as of April 11May 29, 2005, 2009 between Borrower and Bank, Bank (as amendedcollectively, 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: Loan and Security Agreement (Enernoc Inc), Loan Modification Agreement (Enernoc 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 July 23June 21, 20042011, evidenced by, among other documents, a certain Loan and Security Agreement dated as of July 23June 21, 20042011, between among Borrower and Bank, and Bank (as amended from time to time, including without limitation by a certain the First Loan Modification Agreement dated as of April 11November 17, 20052011, between Borrower and Bankthe Second Loan Modification Agreement dated as of March 21, (as amended, 2012 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 (Alvarion LTD)

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 July 23November 9, 20042007, evidenced by, among other documents, a certain Loan and Security Agreement dated as of July 23November 9, 20042007, between Borrower and Bank, and as amended by a that certain First Loan Modification Agreement dated as of April 11March 28, 20052008, between Borrower and Bank, Bank (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 (BG Medicine, 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 July 23February 13, 20042012, evidenced by, among other documents, a certain Loan and Security Agreement dated as of July 23February 13, 20042012, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement dated as of April 11May 10, 20052012, between Borrower and Bank, Bank (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 (Sagent Pharmaceuticals, Inc.)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bankthe Lenders, Borrower is indebted to Bank the Lenders pursuant to a loan arrangement dated as of July 23September 9, 20042016, evidenced by, among other documents, a certain Loan and Security Agreement dated as of July 23September 9, 20042016, between Borrower by and Bankamong Borrower, Agent and the Lenders, as amended by a that certain First Loan Modification Agreement Agreement, dated as of April 11December 30, 2005, between Borrower and Bank, 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: Loan Modification Agreement (Vericel 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 July 23September 13, 20042005, evidenced by, among other documents, a certain Amended and Restated Loan and Security Agreement dated as of July 23September 13, 20042005, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement dated as of April 11March 14, 20052006, between Borrower and Bank, Bank (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 (Axs One Inc)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bankthe Lenders, Borrower is indebted to Bank the Lenders pursuant to a loan arrangement dated as of July 23November 13, 20042019, evidenced by, among other documents, a certain Loan and Security Agreement dated as of July 23November 13, 20042019, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement dated as of April 11, 2005, between Borrower and Bank, the Lenders (as may be amended, modified, restated, replaced or supplemented 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: Loan Modification Agreement (Eidos Therapeutics, Inc.)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bankthe Lenders, Borrower is indebted to Bank the Lenders pursuant to a loan arrangement dated as of July 23March 29, 20042006, evidenced by, among other documents, a certain Loan and Security Agreement dated as of July 23March 29, 20042006, between Borrower and Bankthe Lenders, and as amended by a certain First Loan Modification Agreement dated as of April 11October 16, 20052006, between Borrower and Bank, Lenders (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 (GAIN Capital Holdings, 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 July 23October 11, 20042007, evidenced by, among other documents, a certain Loan and Security Agreement dated as of July 23October 11, 20042007, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement dated as of April 11August 1, 20052008, between Borrower and Bank, Bank (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 (Network Engines 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 July 23January 31, 20042005, evidenced by, among other documents, a certain Loan and Security Agreement dated as of July 23January 31, 2004, 2005 between Borrower and Bank, and as amended by a certain First Loan Modification Agreement dated as of April 11May 31, 20052005 and a certain Second Loan Modification Agreement dated as of November 8, between Borrower and Bank, 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: Loan Modification Agreement (Satcon Technology 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 July 23March 13, 20042015, evidenced by, among other documents, a certain Second Amended and Restated Loan and Security Agreement dated as of July 23March 13, 20042015, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement dated as of April 11January 28, 2005, between Borrower and Bank, 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: Loan and Security Agreement (Appian 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 July 23March 27, 20042002, evidenced by, among other documents, a certain Loan and Security Agreement dated as of July 23March 27, 20042002, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement dated as of April June 11, 20052003, between Borrower and Bankby a Loan Modification Agreement dated August 13, 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 (GTC Biotherapeutics 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 July 23August 20, 20042002, evidenced by, among other documents, a certain Loan and Security Agreement dated as of July 23August 20, 20042002, between Borrower and Bank, and as amended by a that certain First Loan Modification Agreement dated as of April 11August 5, 20052003, between Borrower and Bank, Bank (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 (Athenahealth 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 July 23June 19, 20042008, evidenced by, among other documents, a certain Loan and Security Agreement dated as of July 23June 19, 20042008, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement dated as of April 1116, 20052009, between Borrower and Bank, Bank (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 (Chyron 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 July 23August 29, 20042019, evidenced by, among other documents, a certain Xxxxxxx and Restated Loan and Security Agreement dated as of July 23August 29, 20042019, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement dated as of April 11March 9, 2005, between Borrower and Bank, 2020 (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 (Molekule 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 Bank pursuant to a loan arrangement dated as of July 23, 2004, evidenced by, among other documents, a certain Loan and Security Agreement dated as of July 23, 2004, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement dated as of April 11, 2005, between Borrower and Bank, (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 (Skillsoft Public Limited Co)

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 July 23March 28, 20042012, evidenced by, among other documents, a certain Loan and Security Agreement dated as of July 23March 28, 20042012, between Borrower and Bank, and as amended by a that certain First Loan Modification Agreement dated as of April 11July 10, 20052012, between Borrower and Bank, Bank (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 (Aegerion Pharmaceuticals, 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 July 23January 4, 20042008, evidenced by, among other documents, a certain Loan and Security Agreement (growth capital facility) dated as of July 23May 21, 20042008, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement dated as of April 11July 18, 2005, between Borrower and Bank, 2008 (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 (Cyoptics 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 July 23December 29, 20042003, evidenced by, among other documents, a certain Loan and Security Agreement dated as of July 23December 29, 20042003, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement dated as of April 11May 28, 20052004, by and between Borrower and Bank, Bank (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 (Voxware 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 July 23March 6, 20042009, evidenced by, among other documents, a certain Second Amended and Restated Loan and Security Agreement Agreement, dated as of July 23March 6, 20042009, by and between Borrower and Bank, and as amended modified by a that certain First Loan Modification Agreement modification Agreement, dated as of April December 11, 2005, between Borrower and Bank, 2009 (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 (Caliper Life Sciences 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 July May 23, 20042012, evidenced by, among other documents, a certain Second Amended and Restated Loan and Security Agreement dated as of July May 23, 20042012, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement dated as of April 1126, 2005, between Borrower and Bank, 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 (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 July 23August 10, 20042006, evidenced by, among other documents, a certain Loan and Security Agreement dated as of July 23August 10, 20042006, as affected by a certain Waiver Agreement dated as of June 8, 2008, between Borrower and Bank, and Bank (the “Waiver Agreement”) (as amended by a certain First Loan Modification Agreement dated as of April 11, 2005, between Borrower and Bank, (as amendedfrom 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: Loan Modification Agreement (Salary. Com, 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 July 23September 13, 20042010, evidenced by, among other documents, a certain Export-Import Bank Loan and Security Agreement Agreement, dated as of July 23September 13, 20042010, between Borrower and Bank, and as amended by a certain Export-Import Bank First Loan Modification Agreement Agreement, dated as of April 11March 15, 2005, between Borrower and Bank, 2011 (as amended, the "“Existing 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 (AtriCure, 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 July 23May 25, 20042007, evidenced by, among other documents, a certain Loan and Security Agreement dated as of July 23May 25, 2004, 2007 between Borrower and Bank, and as amended by a certain First Loan Modification Agreement dated October 15, 2007 and made effective as of April 11September 30, 2005, between Borrower and Bank, 2007 (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 (Vertical Communications, 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 July 23June 21, 20042011, evidenced by, among other documents, a certain Loan and Security Agreement dated as of July 23June 21, 20042011, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement dated as of April 11November 17, 20052011, between Borrower and Bank, Bank (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 (Alvarion LTD)

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 July 23January 30, 20042003, evidenced by, among other documents, a certain Loan and Security Agreement dated as of July 23January 30, 2004, 2003 between Borrower and Bank, and as amended by a certain letter agreement dated February 14, 2003 and a certain First Loan Modification Agreement dated as of April 11June 27, 2005, between Borrower and Bank, 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 (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 July 23August 19, 20042009, evidenced by, among other documents, a certain Amended and Restated Loan and Security Agreement dated as of July 23August 19, 20042009, between Borrower and Bank, and as amended by a that certain First Loan Modification Agreement dated as of April 11October 19, 2005, 2009 between Borrower and Bank, Bank (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 (Trustwave Holdings, 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 July 23August 11, 20042003, evidenced by, among other documents, a certain Loan and Security Agreement dated as of July 23August 11, 20042003, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement dated as of April 11June 30, 20052004, between Borrower and Bank, Bank (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 (American Science & Engineering 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 July 23August 4, 20042022, evidenced by, among other documents, a certain Xxxxxxx and Restated Loan and Security Agreement dated as of July 23August 4, 20042022, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement dated as of April 11, 2005, between Borrower and Bank, Bank (as may be amended, modified, restated, replaced or supplemented 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: Loan Modification Agreement (Innovid 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 July 23October 1, 20041999, evidenced by, among other documents, a certain Amended and Restated Loan and Security Agreement dated as of July 2324, 20042002, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement dated as of April 11October 17, 2005, between Borrower and Bank, 2002 (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 (LTX 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 July 23December 7, 20042006, evidenced by, among other documents, a certain Loan and Security Agreement dated as of July 23December 7, 20042006, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement dated as of April 11February 25, 20052009 and a Second Loan Modification Agreement dated as of March 27, between Borrower and Bank, 2009 (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 (LTX-Credence Corp)

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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 July 23June 17, 20042013, evidenced by, among other documents, a certain Amended and Restated Loan and Security Agreement dated as of July 23June 17, 20042013, between Borrower and Bank, and as amended by a that certain First Loan Modification Agreement dated as of April 11October 7, 20052013, between Borrower and Bank, Bank (as amended, the "Loan Agreement"). Capitalized terms used but not otherwise defined herein shall have the same meaning meanings as in the Loan Agreement.

Appears in 1 contract

Samples: Loan Modification Agreement (Control4 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 July 23September 3, 20042014, evidenced by, among other documents, a certain Amended and Restated Loan and Security Agreement Agreement, dated as of July 23September 3, 20042014, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement dated as of April 11, 2005, between Borrower and Bank, Bank (as amended, and as may be further amended, modified or supplemented 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: Loan and Security Agreement (Aspen Aerogels 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 July 23August 4, 20042006, evidenced by, among other documents, a certain Loan and Security Agreement dated as of July 23August 4, 20042006, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement dated as of April 11February 14, 20052007, between Borrower and Bank, Bank (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 (Technest Holdings 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 July 23November 16, 20042009, evidenced by, among other documents, a certain Second Amended and Restated Loan and Security Agreement dated as of July 23November 16, 20042009, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement (Domestic) dated as of April 11June 15, 2005, between Borrower and Bank, 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: Loan Modification Agreement (SPIRE 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 July 23October 18, 20042012, evidenced by, among other documents, a certain Subordinated Loan and Security Agreement dated as of July 23October 18, 20042012, between Borrower and Bank, and as amended by a that certain Joinder and First Loan Modification to Senior Loan and Security Agreement dated as of April 11February 13, 2005, between Borrower and Bank, 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 (Mavenir Systems 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 July 23October 14, 20042010, evidenced by, among other documents, a certain Loan and Security Agreement (Working Capital Line of Credit) dated as of July 23October 14, 20042010, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement dated as of April 11May 16, 2005, between Borrower and Bank, 2011 (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 (Alimera Sciences 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 July 2318, 20042007, evidenced by, among other documents, a certain Second Amended and Restated Loan and Security Agreement dated as of July 2318, 20042007, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement dated as of April 11November 12, 2005, between Borrower and Bank, 2007 (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 (Axs One 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 July 23December 14, 20042018, evidenced by, among other documents, a certain Second Amended and Restated Loan and Security Agreement dated as of July 23December 14, 20042018, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement dated as of April 11, 2005, between Borrower and Bank, Bank (as may be amended, modified, restated, replaced or supplemented 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: Loan Modification Agreement (Brightcove 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 July 23November 13, 20042001, evidenced by, among other documents, a certain Loan and Security Agreement dated as of July 23November 13, 20042001, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement Agreements dated as of April June 11, 20052001, between Borrower June 26, 2001, December 6, 2002, and BankJune 25, 2003 (as amended, the "Loan Agreement"). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement. Hereinafter, the Loan Agreement, together with all other documents evidencing the Obligations shall be referred to as the "Existing Loan Documents".

Appears in 1 contract

Samples: Loan Modification Agreement (Moldflow 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 July 23November 18, 20042010, evidenced by, among other documents, a certain Loan and Security Agreement dated as of July 23November 18, 20042010, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement dated as of April 11March 30, 20052011, between Borrower and Bank, Bank (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 (ExactTarget, 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 July 23January 20, 20042006, evidenced by, among other documents, a certain Loan and Security Agreement dated as of July 23January 20, 20042006, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement dated as of April 11January 18, 20052007, between Borrower and Bank, Bank (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 (Equallogic 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 July 23October 18, 20042012, evidenced by, among other documents, a certain Senior Loan and Security Agreement dated as of July 23October 18, 20042012, between Borrower and Bank, and as amended by a that certain Joinder and First Loan Modification to Senior Loan and Security Agreement dated as of April 11February 13, 2005, between Borrower and Bank, 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 (Mavenir Systems 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 July 23May 27, 20042003, evidenced by, among other documents, a certain Loan and Security Accounts Receivable Financing Agreement dated as of July 23May 27, 20042003, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement ("First Loan Modification Agreement") dated as of April 11January 30, 2005, between Borrower and Bank, 2004 (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: Loan Modification Agreement (Navisite 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 July 23August 7, 20042017, evidenced by, among other documents, a certain Loan and Security Agreement dated as of July 23August 7, 20042017, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement dated as of April 11March 22, 2005, between Borrower and Bank, 2018 (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 (Icad 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 July 23June 26, 20042009, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of July 23June 26, 20042009, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement dated as of April 11, 2005, between Borrower and Bank, Bank (as amended, the "Loan Agreement"”) and (ii) a certain Export Import Bank Loan and Security Agreement, dated as of June 26, 2009 (the “EXIM 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 (NMT Medical 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 July 23May 27, 20042009, evidenced by, among other documents, a certain Amended and Restated Loan and Security Agreement dated as of July 23May 27, 20042009, between Borrower and Bank, and as amended by a certain Joinder and First Loan Modification Agreement Agreement, dated as of April 11December 31, 2005, between Borrower and Bank, 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: Loan Modification Agreement (Safeguard Scientifics 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 July 23September 13, 20042010, evidenced by, among other documents, a certain Amended and Restated Loan and Security Agreement dated as of July 23September 13, 20042010, between Borrower and Bank, and as further amended by a certain First Loan Modification Agreement dated entered into and effective as of April 11March 15, 2005, between Borrower and Bank, 2011 (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 (AtriCure, 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 July 23June 29, 20042011, evidenced by, among other documents, a certain Amended and Restated Loan and Security Agreement dated as of July 23June 29, 20042011, between Borrower and Bank, and as further amended by a certain First Loan Modification Agreement Agreement, dated as of April 11December 15, 20052011, in each case between Borrower and Bank, Bank (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 (Global Telecom & Technology, 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 July 23March 13, 20042007, evidenced by, among other documents, a certain Loan and Security Agreement (working capital line of credit) dated as of July 23March 13, 20042007, between among Borrower and Bank, and as amended by a certain First Loan Modification Agreement dated as of April August 11, 2005, between Borrower and Bank, 2008 (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 (Paradigm Holdings, 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 July 23May 14, 20042021, evidenced by, among other documents, a certain Third Amended and Restated Loan and Security Agreement dated as of July 23May 14, 20042021, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement dated as of April 11, 2005, between Borrower and Bank, Bank (as may be amended, modified, restated, replaced or supplemented 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: Loan Modification Agreement (Velo3D, 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 July 23April 30, 2004, evidenced by, among other documents, a certain Loan and Security Agreement dated as of July 23April 30, 2004, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement dated as of April 11November 3, 20052004, between Borrower and Bank, Bank (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 (Stereotaxis, 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 July 23February 18, 20042010, evidenced by, among other documents, a certain Loan and Security Agreement dated as of July 23February 18, 20042010, between Borrower and Bank, and as amended by a certain First Loan Modification Agreement Agreement, dated as of April 11March 7, 2005, between Borrower and Bank, 2011 (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 the Bank pursuant to a loan arrangement dated as of July 23December 29, 2004, evidenced by, among other documents, a certain Loan and Security Agreement (Operating Line of Credit) dated as of July 23December 29, 2004, between Borrower and the Bank, and as amended by a that certain First Loan Modification Agreement dated as of April 11June 21, 2005, between Borrower and Bank, 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: 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 July 23April 29, 2004, evidenced by, among other documents, a certain Loan and Security Agreement dated as of July 23April 29, 2004, 2004 between Borrower and Bank, and as amended by a certain First Loan Modification Agreement (the "First Modification") dated as of April 11February 24, 2005, between Borrower and Bank, 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: Loan Modification Agreement (Chyron Corp)

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