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 January 29, 2007, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29, 2007, between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of November 30, 2007, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30, 2008, between Borrower and Bank, as further amended by a certain Third Loan Modification Agreement dated as of November 30, 2008, between Borrower and Bank, as further amended by a certain Fourth Loan Modification Agreement dated as of February 26, 2009, between Borrower and Bank, as further amended by a certain Fifth Loan Modification Agreement dated as of April 27, 2009, between Borrower and Bank, as further amended by a certain Sixth Loan Modification Agreement dated as of March 22, 2010, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29, 2010, between Borrower and Bank, as further amended by a certain Eighth Loan Modification Agreement dated as of September 2010, between Borrower and Bank, as further amended by a certain Ninth Loan Modification Agreement dated as of December 17, 2010, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9, 2011, between Borrower and Bank, and as further amended by a certain Eleventh Loan Modification Agreement dated as of June 9, 2011, 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 2 contracts

Samples: Loan and Security Agreement (Meru Networks Inc), Loan Modification Agreement (Meru Networks 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 January 29March 31, 20072011, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of January 29March 31, 2007, between Borrower and Bank2011, as amended by a that certain Consent and First Loan Modification Agreement dated as of November 30June 1, 2007, between Borrower and Bank2011, as further amended by a that certain Consent and Second Loan Modification Agreement dated as of July 30June 14, 2008, between Borrower and Bank2011, as further amended by a that certain Consent and Third Loan Modification Agreement dated as of November 30December 6, 2008, between Borrower and Bank2011, as further amended by a that certain Consent and Fourth Loan Modification Agreement dated as of February 26June 11, 2009, between Borrower and Bank2012, as further amended by a that certain Fifth Loan Modification Agreement dated as of April 27September 7, 2009, between Borrower and Bank, 2012 as further amended by a that certain Consent and Sixth Loan Modification Agreement dated as of March 22Agreement, 2010, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29, 2010, between Borrower and Bank, as further amended by a certain Eighth Loan Modification Agreement dated as of September 201026, between Borrower and Bank, as further amended by a certain Ninth Loan Modification Agreement dated as of December 17, 2010, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9, 2011, between Borrower and Bank, 2012 and as further amended by a that certain Eleventh Consent and Seventh Loan Modification Agreement Agreement, dated as of June 9March 28, 2011, between Borrower and Bank 2013 (as amendedmay be amended from time to time, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011, as amended by that certain Export-Import Bank First Loan Modification Agreement, dated as of March 28, 2013 and as further amended by that certain Export-Import Bank Second Loan Modification Agreement, dated as of the date hereof (as may be further amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. 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 (Aspen Aerogels Inc), 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 January 29, 2007, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29, 2007, between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of November 30, 2007, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30, 2008, between Borrower and Bank, as further amended by a certain Third Loan Modification Agreement dated as of November 30, 2008, between Borrower and Bank, as further amended by a certain Fourth Loan Modification Agreement dated as of February 26, 2009, between Borrower and Bank, as further amended by a certain Fifth Loan Modification Agreement dated as of April 27, 2009, between Borrower and Bank, as further amended by a certain Sixth Loan Modification Agreement dated as of March 22, 2010, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29, 2010, between Borrower and Bank, as further amended by a certain Eighth Loan Modification Agreement dated as of September 2010, between Borrower and Bank, as further amended by a certain Ninth Loan Modification Agreement dated as of December 17, 2010, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9, 2011, between Borrower and Bank, and as further amended by a certain Eleventh Loan Modification Agreement dated as of June 9, 2011, between Borrower and Bank, as further amended by a certain Twelfth Loan Modification Agreement dated as of September 23, 2011, between Borrower and Bank, as further amended by a certain Thirteenth Loan Modification Agreement dated as of November 7, 2011, between Borrower and Bank, as further amended by a certain Fourteenth Loan Modification Agreement dated as of December 28, 2011, between Borrower and Bank, and as further amended by a certain Fifteenth Loan Modification Agreement dated as of February 29, 2012, 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 2 contracts

Samples: Loan and Security Agreement (Meru Networks Inc), Loan Modification Agreement (Meru Networks 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 January 29March 31, 20072011, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of January 29March 31, 2007, between Borrower and Bank2011, as amended by a that certain Consent and First Loan Modification Agreement dated as of November 30June 1, 2007, between Borrower and Bank2011, as further amended by a that certain Consent and Second Loan Modification Agreement dated as of July 30June 14, 2008, between Borrower and Bank2011, as further amended by a that certain Consent and Third Loan Modification Agreement dated as of November 30December 6, 2008, between Borrower and Bank2011, as further amended by a that certain Consent and Fourth Loan Modification Agreement dated as of February 26June 11, 2009, between Borrower and Bank2012, as further amended by a that certain Fifth Loan Modification Agreement dated as of April 27September 7, 2009, between Borrower and Bank, 2012 as further amended by a that certain Consent and Sixth Loan Modification Agreement Agreement, dated as of September 26, 2012 as further amended by that certain Consent and Seventh Loan Modification Agreement, dated as of March 2228, 2010, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29, 2010, between Borrower and Bank, as further amended by a certain Eighth Loan Modification Agreement dated as of September 2010, between Borrower and Bank, as further amended by a certain Ninth Loan Modification Agreement dated as of December 17, 2010, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9, 2011, between Borrower and Bank, 2013 and as further amended by a that certain Eleventh Eighth Loan Modification Agreement Agreement, dated as of June 928, 2011, between Borrower and Bank 2013 (as amendedmay be amended from time to time, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011, as amended by that certain Export-Import Bank First Loan Modification Agreement, dated as of March 28, 2013 and as further amended by that certain Export-Import Bank Second Loan Modification Agreement, dated as of June 28, 2013 (as may be further amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. 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 (Aspen Aerogels Inc), 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 January 29, 2007, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29, 2007, between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of November 30, 2007, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30, 2008, between Borrower and Bank, as further amended by a certain Third Loan Modification Agreement dated as of November 30, 2008, between Borrower and Bank, as further amended by a certain Fourth Loan Modification Agreement dated as of February 26, 2009, between Borrower and Bank, as further amended by a certain Fifth Loan Modification Agreement dated as of April 27, 2009, between Borrower and Bank, as further amended by a certain Sixth Loan Modification Agreement dated as of March 22, 2010, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29, 2010, between Borrower and Bank, as further amended by a certain Eighth Loan Modification Agreement dated as of September 2010, between Borrower and Bank, as further amended by a certain Ninth Loan Modification Agreement dated as of December 17, 2010, between Borrower and Bank, and as further amended by a certain Tenth Loan Modification Agreement dated as of March 9, 2011, between Borrower and Bank, and as further amended by a certain Eleventh Loan Modification Agreement dated as of June 9, 2011, 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 2 contracts

Samples: Loan and Security Agreement (Meru Networks Inc), Loan Modification Agreement (Meru Networks 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 January 29, 2007, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29, 2007, between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of November 30, 2007, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30, 2008, between Borrower and Bank, as further amended by a certain Third Loan Modification Agreement dated as of November 30, 2008, between Borrower and Bank, as further amended by a certain Fourth Loan Modification Agreement dated as of February 26, 2009, between Borrower and Bank, as further amended by a certain Fifth Loan Modification Agreement dated as of April 27, 2009, between Borrower and Bank, as further amended by a certain Sixth Loan Modification Agreement dated as of March 22, 2010, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29, 2010, between Borrower and Bank, as further amended by a certain Eighth Loan Modification Agreement dated as of September 2010, between Borrower and Bank, as further amended by a certain Ninth Loan Modification Agreement dated as of December 17, 2010, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9, 2011, between Borrower and Bank, and as further amended by a certain Eleventh Loan Modification Agreement dated as of June 9, 2011, between Borrower and Bank, as further amended by a certain Twelfth Loan Modification Agreement dated as of September 23, 2011, between Borrower and Bank, as further amended by a certain Thirteenth Loan Modification Agreement dated as of November 7, 2011, between Borrower and Bank, as further amended by a certain Fourteenth Loan Modification Agreement dated as of December 28, 2011, between Borrower and Bank, as further amended by a certain Fifteenth Loan Modification Agreement dated as of February 29, 2012, between Borrower and Bank, as further amended by a certain Sixteenth Loan Modification Agreement dated as of March 30, 2012, between Borrower and Bank, and as further amended by a certain Seventeenth Loan Modification Agreement dated as of June 7, 2012, 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 2 contracts

Samples: Loan and Security Agreement (Meru Networks Inc), Loan Modification Agreement (Meru Networks 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 January 29, 2007, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29, 2007, between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of November 30, 2007, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30, 2008, between Borrower and Bank, as further amended by a certain Third Loan Modification Agreement dated as of November 30, 2008, between Borrower and Bank, as further amended by a certain Fourth Loan Modification Agreement dated as of February 26, 2009, between Borrower and Bank, as further amended by a certain Fifth Loan Modification Agreement dated as of April 27, 2009, between Borrower and Bank, as further amended by a certain Sixth Loan Modification Agreement dated as of March 22, 2010, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29, 2010, between Borrower and Bank, as further amended by a certain Eighth Loan Modification Agreement dated as of September 2010, between Borrower and Bank, and as further amended by a certain Ninth Loan Modification Agreement dated as of December 17, 2010, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9, 2011, between Borrower and Bank, and as further amended by a certain Eleventh Loan Modification Agreement dated as of June 9, 2011, 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 2 contracts

Samples: Loan and Security Agreement (Meru Networks Inc), Loan Modification Agreement (Meru Networks 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 January 29, 2007, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29, 2007, between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of November 30, 2007, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30, 2008, between Borrower and Bank, as further amended by a certain Third Loan Modification Agreement dated as of November 30, 2008, between Borrower and Bank, as further amended by a certain Fourth Loan Modification Agreement dated as of February 26, 2009, between Borrower and Bank, as further amended by a certain Fifth Loan Modification Agreement dated as of April 27, 2009, between Borrower and Bank, as further amended by a certain Sixth Loan Modification Agreement dated as of March 22, 2010, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29, 2010, between Borrower and Bank, as further amended by a certain Eighth Loan Modification Agreement dated as of September 2010, between Borrower and Bank, as further amended by a certain Ninth Loan Modification Agreement dated as of December 17, 2010, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9, 2011, between Borrower and Bank, and as further amended by a certain Eleventh Loan Modification Agreement dated as of June 9, 2011, between Borrower and Bank, as further amended by a certain Twelfth Loan Modification Agreement dated as of September 23, 2011, between Borrower and Bank, as further amended by a certain Thirteenth Loan Modification Agreement dated as of November 7, 2011, between Borrower and Bank, and as further amended by a certain Fourteenth Loan Modification Agreement dated as of December 28, 2011, 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 and Security Agreement (Meru Networks 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 January 2930, 20072003, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 2930, 20072003 between Borrower, between Borrower Aspentech, Inc. and Bank, as amended by a certain letter agreement dated February 14, 2003, a certain First Loan Modification Agreement dated as of November 30June 27, 20072003, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30September 10, 20082004, between Borrower and Bank, as further amended by a certain Third Loan Modification Agreement dated as of November 30January 28, 20082005, between Borrower and Bank, as further amended by a certain Fourth Loan Modification Agreement dated as of February 26April 1, 20092005, between Borrower and Bank, as further amended by a certain Fifth Loan Modification Agreement dated as of April 27May 6, 20092005, between Borrower and Bank, as further amended by a certain Sixth Loan Modification Agreement dated as of March 22June 15, 20102005, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29September, 20102005, between Borrower and Bank, as further amended by a certain Eighth Amendment to Loan Modification and Security Agreement dated as of September 2010November 22, between Borrower and Bank2005, as further amended by a certain Ninth Loan Modification Agreement dated as of December July 17, 20102006, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9September 15, 20112006, between Borrower and Bank, and as further amended by a certain Eleventh Loan Modification Agreement dated September 27, 2006, a certain Twelfth Loan Modification Agreement dated January 12, 2007, a certain Thirteenth Loan Modification Agreement dated April 13, 2007, a certain Fourteenth Loan Modification Agreement dated June 28, 2007, a certain Waiver Agreement dated June 28, 2007, a certain Fifteenth Loan Modification Agreement dated August 30, 2007, a certain Sixteenth Loan Modification Agreement dated October 16, 2007, a certain Seventeenth Loan Modification Agreement dated December 28, 2007, a certain Eighteenth Loan Modification Agreement dated January 24, 2008, a certain Nineteenth Loan Modification Agreement dated April 11, 2008, a certain Twentieth Loan Modification Agreement dated May 15, 2008, a certain Twenty-first Loan Modification Agreement dated June 13, 2008, a certain Twenty-second Loan Modification Agreement dated July 15, 2008, a certain Twenty-third Loan Modification Agreement, dated September 30, 2008, a certain Twenty-fourth Loan Modification Agreement, dated as of June 9November 17, 20112008, between Borrower a certain Twenty-fifth Loan Modification Agreement, dated as of January 15, 2009, a certain Twenty-sixth Loan Modification Agreement, dated as of May 15, 2009 and Bank a certain Twenty-seventh Loan Modification Agreement, dated as of November 3, 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 (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 January 2930, 20072003, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 2930, 20072003 between Borrower, between Borrower Aspentech, Inc. and Bank, as amended by a certain letter agreement dated February 14, 2003, a certain First Loan Modification Agreement dated as of November 30June 27, 20072003, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30September 10, 20082004, between Borrower and Bank, as further amended by a certain Third Loan Modification Agreement dated as of November 30January 28, 20082005, between Borrower and Bank, as further amended by a certain Fourth Loan Modification Agreement dated as of February 26April 1, 20092005, between Borrower and Bank, as further amended by a certain Fifth Loan Modification Agreement dated as of April 27May 6, 20092005, between Borrower and Bank, as further amended by a certain Sixth Loan Modification Agreement dated as of March 22June 15, 20102005, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29September, 20102005, between Borrower and Bank, as further amended by a certain Eighth Amendment to Loan Modification and Security Agreement dated as of September 2010November 22, between Borrower and Bank2005, as further amended by a certain Ninth Loan Modification Agreement dated as of December July 17, 20102006, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9September 15, 20112006, between Borrower and Bank, and as further amended by a certain Eleventh Loan Modification Agreement dated as of September 27, 2006, a certain Twelfth Loan Modification Agreement dated January 12, 2007, a certain Thirteenth Loan Modification Agreement dated April 13, 2007, a certain Fourteenth Loan Modification Agreement dated June 928, 20112007, between Borrower a certain Waiver Agreement dated June 28, 2007, a certain Fifteenth Loan Modification Agreement dated August 30, 2007, a certain Sixteenth Loan Modification Agreement dated October 16, 2007 and Bank a certain Seventeenth Loan Modification Agreement dated December 28, 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 (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 January 2930, 20072003, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 2930, 20072003 between Borrower, between Borrower Aspentech, Inc. and Bank, as amended by a certain letter agreement dated February 14, 2003, a certain First Loan Modification Agreement dated as of November 30June 27, 20072003, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30September 10, 20082004, between Borrower and Bank, as further amended by a certain Third Loan Modification Agreement dated as of November 30January 28, 20082005, between Borrower and Bank, as further amended by a certain Fourth Loan Modification Agreement dated as of February 26April 1, 20092005, between Borrower and Bank, as further amended by a certain Fifth Loan Modification Agreement dated as of April 27May 6, 20092005, between Borrower and Bank, as further amended by a certain Sixth Loan Modification Agreement dated as of March 22June 15, 20102005, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29September, 20102005, between Borrower and Bank, as further amended by a certain Eighth Amendment to Loan Modification and Security Agreement dated as of September 2010November 22, between Borrower and Bank2005, as further amended by a certain Ninth Loan Modification Agreement dated as of December July 17, 20102006, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9September 15, 20112006, between Borrower and Bank, and as further amended by a certain Eleventh Loan Modification Agreement dated as of September 27, 2006, a certain Twelfth Loan Modification Agreement dated January 12, 2007, a certain Thirteenth Loan Modification Agreement dated April 13, 2007, a certain Fourteenth Loan Modification Agreement dated June 928, 20112007 and a certain Waiver Agreement dated June 28, 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 (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 January 2930, 20072003, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 2930, 20072003 between Borrower, between Borrower Aspentech, Inc. and Bank, as amended by a certain letter agreement dated February 14, 2003, a certain First Loan Modification Agreement dated as of November 30June 27, 20072003, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30September 10, 20082004, between Borrower and Bank, as further amended by a certain Third Loan Modification Agreement dated as of November 30January 28, 20082005, between Borrower and Bank, as further amended by a certain Fourth Loan Modification Agreement dated as of February 26April 1, 20092005, between Borrower and Bank, as further amended by a certain Fifth Loan Modification Agreement dated as of April 27May 6, 20092005, between Borrower and Bank, as further amended by a certain Sixth Loan Modification Agreement dated as of March 22June 15, 20102005, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29September, 20102005, between Borrower and Bank, as further amended by a certain Eighth Amendment to Loan Modification and Security Agreement dated as of September 2010November 22, between Borrower and Bank2005, as further amended by a certain Ninth Loan Modification Agreement dated as of December July 17, 20102006, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9September 15, 20112006, between Borrower and Bank, and as further amended by a certain Eleventh Loan Modification Agreement dated as of September 27, 2006, a certain Twelfth Loan Modification Agreement dated January 12, 2007, a certain Thirteenth Loan Modification Agreement dated April 13, 2007, a certain Fourteenth Loan Modification Agreement dated June 928, 20112007, between Borrower a certain Waiver Agreement dated June 28, 2007, a certain Fifteenth Loan Modification Agreement dated August 30, 2007, a certain Sixteenth Loan Modification Agreement dated October 16, 2007, a certain Seventeenth Loan Modification Agreement dated December 28, 2007 and Bank a certain Eighteenth Loan Modification Agreement dated January 24, 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 (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 January 29November 30, 20072011, evidenced by, among other documents, (i) a certain Amended and Restated Export-Import Bank Loan and Security Agreement dated as of January November 30, 2011, as amended by a certain Export-Import Bank First Loan Modification Agreement, dated as of March 30, 2012, as further amended by a certain Export-Import Bank Second Loan Modification and Waiver Agreement, dated as of May 1, 2012, as further amended by a certain Export-Import Bank Third Loan Modification Agreement, dated as of May 7, 2012 and as further amended by that certain Export-Import Bank Fourth Loan Modification, dated as of March 29, 20072013 (as may be amended from time to time, between Borrower the “Loan Agreement”) and Bank(ii) a certain Second Amended and Restated Loan and Security Agreement (Domestic), dated as of November 30, 2011, as amended by a certain First Loan Modification Agreement (Domestic), dated as of November March 30, 2007, between Borrower and Bank2012, as further amended by a certain Second Loan Modification and Waiver Agreement (Domestic), dated as of July 30May 1, 2008, between Borrower and Bank, 2012 as further amended by a certain Third Loan Modification Agreement (Domestic), dated as of November 30May 7, 2008, between Borrower and Bank2012, as further amended by a certain Fourth Loan Modification Agreement (Domestic), dated as of February 26December 28, 2009, between Borrower and Bank2012, as further amended by a certain Fifth Loan Modification Agreement dated as of April 27(Domestic), 2009, between Borrower and Bank, as further amended by a certain Sixth Loan Modification Agreement dated as of March 22, 2010, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29, 2010, between Borrower and Bank, as further amended by a certain Eighth Loan Modification Agreement dated as of September 2010, between Borrower and Bank, as further amended by a certain Ninth Loan Modification Agreement dated as of December 17, 2010, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9, 2011, between Borrower and Bank, 2013 and as further amended by a that certain Eleventh Sixth Loan Modification Agreement and Waiver Agreement, dated as of June 9the date hereof (as may be amended from time to time, 2011the “Domestic Agreement”), in each case between Borrower and Bank (as amended, the “Loan Agreement”)Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement and/or the Domestic Agreement, as applicable.

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 January 29, 2007arrangement, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of January 29March 31, 2007, between Borrower and Bank2011, as amended by a that certain Consent and First Loan Modification Agreement dated as of November 30June 1, 2007, between Borrower and Bank2011, as further amended by a that certain Consent and Second Loan Modification Agreement dated as of July 30June 14, 2008, between Borrower and Bank2011, as further amended by a that certain Consent and Third Loan Modification Agreement dated as of November 30December 6, 2008, between Borrower and Bank2011, as further amended by a that certain Consent and Fourth Loan Modification Agreement dated as of February 26June 11, 2009, between Borrower and Bank2012, as further amended by a that certain Fifth Loan Modification Agreement dated as of April 27September 7, 2009, between Borrower and Bank, 2012 as further amended by a that certain Consent and Sixth Loan Modification Agreement Agreement, dated as of September 26, 2012 as further amended by that certain Consent and Seventh Loan Modification Agreement, dated as of March 2228, 2010, between Borrower and Bank, 2013 as further amended by a that certain Seventh Eighth Loan Modification Agreement (“Seventh Amendment”) Agreement, dated as of June 2928, 2010, between Borrower and Bank, as further amended by a certain Eighth Loan Modification Agreement dated as of September 2010, between Borrower and Bank, as further amended by a certain Ninth Loan Modification Agreement dated as of December 17, 2010, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9, 2011, between Borrower and Bank, 2013 and as further amended by a that certain Eleventh Ninth Loan Modification Agreement Agreement, dated as of June 9November 5, 2011, between Borrower and Bank 2013 (as may be further amended, restated, modified or supplemented, from time to time, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011, as amended by that certain Export-Import Bank First Loan Modification Agreement, dated as of March 28, 2013, as further amended by that certain Export-Import Bank Second Loan Modification Agreement, dated as of June 28, 2013 and as further amended by that certain Export-Import Bank Third Loan Modification Agreement, dated as of the date hereof (as may be further amended, restated, modified or supplemented from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. 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 January 29, 2007, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29, 2007, between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of November 30, 2007, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30, 2008, between Borrower and Bank, as further amended by a certain Third Loan Modification Agreement dated as of November 30, 2008, between Borrower and Bank, as further amended by a certain Fourth Loan Modification Agreement dated as of February 26, 2009, between Borrower and Bank, as further amended by a certain Fifth Loan Modification Agreement dated as of April 27, 2009, between Borrower and Bank, as further amended by a certain Sixth Loan Modification Agreement dated as of March 22, 2010, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement ("Seventh Amendment") dated as of June 29, 2010, between Borrower and Bank, as further amended by a certain Eighth Loan Modification Agreement dated as of September 2010, between Borrower and Bank, as further amended by a certain Ninth Loan Modification Agreement dated as of December 17, 2010, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9, 2011, between Borrower and Bank, and as further amended by a certain Eleventh Loan Modification Agreement dated as of June 9, 2011, between Borrower and Bank, as further amended by a certain Twelfth Loan Modification Agreement dated as of September 23, 2011, between Borrower and Bank, and as further amended by a certain Thirteenth Loan Modification Agreement dated as of November 7, 2011, 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 (Meru Networks 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 January 29November 30, 20072011, evidenced by, among other documents, (i) a certain Second Amended and Restated Loan and Security Agreement (Domestic) dated as of January 29November 30, 2007, between Borrower and Bank2011, as amended by a certain First Loan Modification Agreement (Domestic), dated as of November March 30, 2007, between Borrower and Bank2012, as further amended by a certain Second Loan Modification and Waiver Agreement (Domestic), dated as of July 30May 1, 2008, between Borrower and Bank2012, as further amended by a certain Third Loan Modification Agreement Agreement, dated as of November 30May 7, 2008, between Borrower 2012 and Bank, as further amended by a certain Fourth Loan Modification Agreement (Domestic), dated as of February 26December 28, 20092012 (as may be amended from time to time, between Borrower the “Loan Agreement”) and Bank(ii) a certain Amended and Restated Export-Import Bank Loan and Security Agreement, dated as of November 30, 2011, as amended by a certain Export-Import Bank First Loan Modification Agreement, dated as March 30, 2012, as amended by that certain Export-Import Bank Second Loan Modification and Waiver Agreement, dated as of May 1, 2012, as further amended by a that certain Fifth Export-Import Bank Third Loan Modification Agreement Agreement, dated as of April 27May 7, 2009, between Borrower and Bank, as further amended by a certain Sixth Loan Modification Agreement dated as of March 22, 2010, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29, 2010, between Borrower and Bank, as further amended by a certain Eighth Loan Modification Agreement dated as of September 2010, between Borrower and Bank, as further amended by a certain Ninth Loan Modification Agreement dated as of December 17, 2010, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9, 2011, between Borrower and Bank, 2012 and as further amended by a certain Eleventh Export-Import Bank Fourth Loan Modification Agreement Agreement, dated as of June 9the date hereof (as may be amended from time to time, 2011the “EXIM Bank Loan and Security Agreement”), in each case between Borrower and Bank (as amended, the “Loan Agreement”)Bank. 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 January 29November 30, 20072011, evidenced by, among other documents, (i) a certain Second Amended and Restated Loan and Security Agreement (Domestic) dated as of January 29November 30, 2007, between Borrower and Bank2011, as amended by a certain First Loan Modification Agreement (Domestic), dated as of November March 30, 2007, between Borrower and Bank2012, as further amended by a certain Second Loan Modification and Waiver Agreement (Domestic), dated as of July 30May 1, 2008, between Borrower and Bank2012, as further amended by a certain Third Loan Modification Agreement Agreement, dated as of November 30May 7, 2008, between Borrower and Bank2012, as further amended by a certain Fourth Loan Modification Agreement (Domestic), dated as of February 26December 28, 2009, between Borrower 2012 and Bank, as further amended by a certain Fifth Loan Modification Agreement (Domestic), dated as of April 27March 29, 20092013 (as may be amended from time to time, between Borrower the “Loan Agreement”) and Bank(ii) a certain Amended and Restated Export-Import Bank Loan and Security Agreement, dated as of November 30, 2011, as amended by a certain Export-Import Bank First Loan Modification Agreement, dated as of March 30, 2012, as amended by that certain Export-Import Bank Second Loan Modification and Waiver Agreement, dated as of May 1, 2012, as further amended by that certain Export-Import Bank Third Loan Modification Agreement, dated as of May 7, 2012, as further amended by a certain Sixth Export-Import Bank Fourth Loan Modification Agreement Agreement, dated as of March 22, 2010, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29, 2010, between Borrower and Bank, as further amended by a certain Eighth Loan Modification Agreement dated as of September 2010, between Borrower and Bank, as further amended by a certain Ninth Loan Modification Agreement dated as of December 17, 2010, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9, 2011, between Borrower and Bank2013, and as further amended by a certain Eleventh Export-Import Bank Fifth Loan Modification Agreement Agreement, dated as of June 9the date hereof (as may be amended from time to time, 2011the “EXIM Bank Loan and Security Agreement”), in each case between Borrower and Bank (as amended, the “Loan Agreement”)Bank. 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 January 2930, 20072003, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 2930, 20072003 between Borrower, between Borrower Aspentech, Inc. and Bank, as amended by a certain letter agreement dated February 14, 2003, a certain First Loan Modification Agreement dated as of November 30June 27, 20072003, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30September 10, 20082004, between Borrower and Bank, as further amended by a certain Third Loan Modification Agreement dated as of November 30January 28, 20082005, between Borrower and Bank, as further amended by a certain Fourth Loan Modification Agreement dated as of February 26April 1, 20092005, between Borrower and Bank, as further amended by a certain Fifth Loan Modification Agreement dated as of April 27May 6, 20092005, between Borrower and Bank, as further amended by a certain Sixth Loan Modification Agreement dated as of March 22June 15, 20102005, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29September, 20102005, between Borrower and Bank, as further amended by a certain Eighth Amendment to Loan Modification and Security Agreement dated as of September 2010November 22, between Borrower and Bank2005, as further amended by a certain Ninth Loan Modification Agreement dated as of December July 17, 20102006, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9September 15, 20112006, between Borrower and Bank, and as further amended by a certain Eleventh Loan Modification Agreement dated as of September 27, 2006, a certain Twelfth Loan Modification Agreement dated January 12, 2007, a certain Thirteenth Loan Modification Agreement dated April 13, 2007, a certain Fourteenth Loan Modification Agreement dated June 928, 20112007, between Borrower a certain Waiver Agreement dated June 28, 2007, a certain Fifteenth Loan Modification Agreement dated August 30, 2007, a certain Sixteenth Loan Modification Agreement dated October 16, 2007, a certain Seventeenth Loan Modification Agreement dated December 28, 2007, a certain Eighteenth Loan Modification Agreement dated January 24, 2008, a certain Nineteenth Loan Modification Agreement dated April 11, 2008, a certain Twentieth Loan Modification Agreement dated May 15, 2008, a certain Twenty-first Loan Modification Agreement dated June 13, 2008 a certain Twenty-second Loan Modification Agreement dated July 15, 2008, and Bank a certain Twenty-third Loan Modification Agreement, dated September 30, 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 (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 January 2930, 20072003, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 2930, 20072003 between Borrower, between Borrower Aspentech, Inc. and Bank, as amended by a certain letter agreement dated February 14, 2003, a certain First Loan Modification Agreement dated as of November 30June 27, 20072003, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30September 10, 20082004, between Borrower and Bank, as further amended by a certain Third Loan Modification Agreement dated as of November 30January 28, 20082005, between Borrower and Bank, as further amended by a certain Fourth Loan Modification Agreement dated as of February 26April 1, 20092005, between Borrower and Bank, as further amended by a certain Fifth Loan Modification Agreement dated as of April 27May 6, 20092005, between Borrower and Bank, as further amended by a certain Sixth Loan Modification Agreement dated as of March 22June 15, 20102005, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29September, 20102005, between Borrower and Bank, as further amended by a certain Eighth Amendment to Loan Modification and Security Agreement dated as of September 2010November 22, between Borrower and Bank2005, as further amended by a certain Ninth Loan Modification Agreement dated as of December July 17, 20102006, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9September 15, 20112006, between Borrower and Bank, and as further amended by a certain Eleventh Loan Modification Agreement dated September 27, 2006, a certain Twelfth Loan Modification Agreement dated January 12, 2007, a certain Thirteenth Loan Modification Agreement dated April 13, 2007, a certain Fourteenth Loan Modification Agreement dated June 28, 2007, a certain Waiver Agreement dated June 28, 2007, a certain Fifteenth Loan Modification Agreement dated August 30, 2007, a certain Sixteenth Loan Modification Agreement dated October 16, 2007, a certain Seventeenth Loan Modification Agreement dated December 28, 2007, a certain Eighteenth Loan Modification Agreement dated January 24, 2008, a certain Nineteenth Loan Modification Agreement dated April 11, 2008, a certain Twentieth Loan Modification Agreement dated May 15, 2008, a certain Twenty-first Loan Modification Agreement dated June 13, 2008, a certain Twenty-second Loan Modification Agreement dated July 15, 2008, a certain Twenty-third Loan Modification Agreement, dated September 30, 2008, a certain Twenty-fourth Loan Modification Agreement, dated as of November 17, 2008, a certain Twenty-fifth Loan Modification Agreement, dated as of January 15, 2009, a certain Twenty-sixth Loan Modification Agreement, dated as of May 15, 2009 a certain Twenty-seventh Loan Modification Agreement, dated as of November 3, 2009 and a certain Twenty-eighth Loan Modification Agreement, dated as of June 97, 2011, 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 (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 January 2930, 20072003, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 2930, 20072003 between Borrower, between Borrower Aspentech, Inc. and Bank, as amended by a certain letter agreement dated February 14, 2003, a certain First Loan Modification Agreement dated as of November 30June 27, 20072003, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30September 10, 20082004, between Borrower and Bank, as further amended by a certain Third Loan Modification Agreement dated as of November 30January 28, 20082005, between Borrower and Bank, as further amended by a certain Fourth Loan Modification Agreement dated as of February 26April 1, 20092005, between Borrower and Bank, as further amended by a certain Fifth Loan Modification Agreement dated as of April 27May 6, 20092005, between Borrower and Bank, as further amended by a certain Sixth Loan Modification Agreement dated as of March 22June 15, 20102005, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29September, 20102005, between Borrower and Bank, as further amended by a certain Eighth Amendment to Loan Modification and Security Agreement dated as of September 2010November 22, between Borrower and Bank2005, as further amended by a certain Ninth Loan Modification Agreement dated as of December July 17, 20102006, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9September 15, 20112006, between Borrower and Bank, and as further amended by a certain Eleventh Loan Modification Agreement dated as of September 27, 2006, a certain Twelfth Loan Modification Agreement dated January 12, 2007, a certain Thirteenth Loan Modification Agreement dated April 13, 2007, a certain Fourteenth Loan Modification Agreement dated June 928, 20112007, between Borrower a certain Waiver Agreement dated June 28, 2007, a certain Fifteenth Loan Modification Agreement dated August 30, 2007, a certain Sixteenth Loan Modification Agreement dated October 16, 2007, a certain Seventeenth Loan Modification Agreement dated December 28, 2007, a certain Eighteenth Loan Modification Agreement dated January 24, 2008, a certain Nineteenth Loan Modification Agreement dated April 11, 2008, a certain Twentieth Loan Modification Agreement dated May 15, 2008, a certain Twenty-first Loan Modification Agreement dated June 13, 2008 and Bank a certain Twenty-second Loan Modification Agreement dated July 15, 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 (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 January 29, 2007, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29, 2007, between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of November 30, 2007, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30, 2008, between Borrower and Bank, as further amended by a certain Third Loan Modification Agreement dated as of November 30, 2008, between Borrower and Bank, as further amended by a certain Fourth Loan Modification Agreement dated as of February 26, 2009, between Borrower and Bank, as further amended by a certain Fifth Loan Modification Agreement dated as of April 27, 2009, between Borrower and Bank, as further amended by a certain Sixth Loan Modification Agreement dated as of March 22, 2010, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29, 2010, between Borrower and Bank, as further amended by a certain Eighth Loan Modification Agreement dated as of September 2010, between Borrower and Bank, as further amended by a certain Ninth Loan Modification Agreement dated as of December 17, 2010, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9, 2011, between Borrower and Bank, and as further amended by a certain Eleventh Loan Modification Agreement dated as of June 9, 2011, between Borrower and Bank, as further amended by a certain Twelfth Loan Modification Agreement dated as of September 23, 2011, between Borrower and Bank, and as further amended by a certain Thirteenth Loan Modification Agreement dated as of November 7, 2011, 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 and Security Agreement (Meru Networks 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 January 2930, 20072003, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 2930, 20072003 between Borrower, between Borrower Aspentech, Inc. and Bank, as amended by a certain letter agreement dated February 14, 2003, a certain First Loan Modification Agreement dated as of November 30June 27, 20072003, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30September 10, 20082004, between Borrower and Bank, as further amended by a certain Third Loan Modification Agreement dated as of November 30January 28, 20082005, between Borrower and Bank, as further amended by a certain Fourth Loan Modification Agreement dated as of February 26April 1, 20092005, between Borrower and Bank, as further amended by a certain Fifth Loan Modification Agreement dated as of April 27May 6, 20092005, between Borrower and Bank, as further amended by a certain Sixth Loan Modification Agreement dated as of March 22June 15, 20102005, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29September, 20102005, between Borrower and Bank, as further amended by a certain Eighth Amendment to Loan Modification and Security Agreement dated as of September 2010November 22, between Borrower and Bank2005, as further amended by a certain Ninth Loan Modification Agreement dated as of December July 17, 20102006, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9September 15, 20112006, between Borrower and Bank, and as further amended by a certain Eleventh Loan Modification Agreement dated as of September 27, 2006, a certain Twelfth Loan Modification Agreement dated January 12, 2007, a certain Thirteenth Loan Modification Agreement dated April 13, 2007, a certain Fourteenth Loan Modification Agreement dated June 928, 20112007, between Borrower a certain Waiver Agreement dated June 28, 2007, a certain Fifteenth Loan Modification Agreement dated August 30, 2007, a certain Sixteenth Loan Modification Agreement dated October 16, 2007, a certain Seventeenth Loan Modification Agreement dated December 28, 2007, a certain Eighteenth Loan Modification Agreement dated January 24, 2008, a certain Nineteenth Loan Modification Agreement dated April 11, 2008 and Bank a certain Twentieth Loan Modification Agreement dated May 15, 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 (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 January 29August 20, 20072002, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29August 20, 20072002, between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of November 30August 5, 20072003, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30November 4, 20082003, between Borrower and Bank, as further amended by a certain Third Loan Modification Agreement dated as of November 30September 29, 20082004, between Borrower and Bank, as further amended by a certain Fourth Loan Modification Agreement dated as of February 26December 17, 20092004, between Borrower and Bank, as further amended by a certain Fifth Loan Modification Agreement dated as of April 27February 28, 20092005, between Borrower and Bank, as further amended by a certain Sixth Loan Modification Agreement dated as of March 22September 23, 20102005, and effective as of August 17, 2005, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29January 24, 20102006, between Borrower and Bank, and as further amended by a certain Eighth Loan Modification Agreement dated as of September 201021, between Borrower and Bank2006, as further amended by a certain Ninth Loan Modification Agreement dated but effective as of December 17August 15, 2010, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9, 2011, between Borrower and Bank, and as further amended by a certain Eleventh Loan Modification Agreement dated as of June 9, 2011, between Borrower and Bank 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 (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 January 29, 2007, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29, 2007, between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of November 30, 2007, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30, 2008, between Borrower and Bank, as further amended by a certain Third Loan Modification Agreement dated as of November 30, 2008, between Borrower and Bank, as further amended by a certain Fourth Loan Modification Agreement dated as of February 26, 2009, between Borrower and Bank, as further amended by a certain Fifth Loan Modification Agreement dated as of April 27, 2009, between Borrower and Bank, as further amended by a certain Sixth Loan Modification Agreement dated as of March 22, 2010, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29, 2010, between Borrower and Bank, as further amended by a certain Eighth Loan Modification Agreement dated as of September 2010, between Borrower and Bank, as further amended by a certain Ninth Loan Modification Agreement dated as of December 17, 2010, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9, 2011, between Borrower and Bank, and as further amended by a certain Eleventh Loan Modification Agreement dated as of June 9, 2011, between Borrower and Bank, as further amended by a certain Twelfth Loan Modification Agreement dated as of September 23, 2011, between Borrower and Bank, as further amended by a certain Thirteenth Loan Modification Agreement dated as of November 7, 2011, between Borrower and Bank, as further amended by a certain Fourteenth Loan Modification Agreement dated as of December 28, 2011, between Borrower and Bank, as further amended by a certain Fifteenth Loan Modification Agreement dated as of February 29, 2012, between Borrower and Bank, and as further amended by a certain Sixteenth Loan Modification Agreement dated as of March 30, 2012, 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 and Security Agreement (Meru Networks 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 January 2930, 20072003, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 2930, 20072003 between Borrower, between Borrower Aspentech, Inc. and Bank, as amended by a certain letter agreement dated February 14, 2003, a certain First Loan Modification Agreement dated as of November 30June 27, 20072003, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30September 10, 20082004, between Borrower and Bank, as further amended by a certain Third Loan Modification Agreement dated as of November 30January 28, 20082005, between Borrower and Bank, as further amended by a certain Fourth Loan Modification Agreement dated as of February 26April 1, 20092005, between Borrower and Bank, as further amended by a certain Fifth Loan Modification Agreement dated as of April 27May 6, 20092005, between Borrower and Bank, as further amended by a certain Sixth Loan Modification Agreement dated as of March 22June 15, 20102005, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29September, 20102005, between Borrower and Bank, as further amended by a certain Eighth Amendment to Loan Modification and Security Agreement dated as of September 2010November 22, between Borrower and Bank2005, as further amended by a certain Ninth Loan Modification Agreement dated as of December July 17, 20102006, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9September 15, 20112006, between Borrower and Bank, and as further amended by a certain Eleventh Loan Modification Agreement dated September 27, 2006, a certain Twelfth Loan Modification Agreement dated January 12, 2007, a certain Thirteenth Loan Modification Agreement dated April 13, 2007, a certain Fourteenth Loan Modification Agreement dated June 28, 2007, a certain Waiver Agreement dated June 28, 2007, a certain Fifteenth Loan Modification Agreement dated August 30, 2007, a certain Sixteenth Loan Modification Agreement dated October 16, 2007, a certain Seventeenth Loan Modification Agreement dated December 28, 2007, a certain Eighteenth Loan Modification Agreement dated January 24, 2008, a certain Nineteenth Loan Modification Agreement dated April 11, 2008, a certain Twentieth Loan Modification Agreement dated May 15, 2008, a certain Twenty-first Loan Modification Agreement dated June 13, 2008, a certain Twenty-second Loan Modification Agreement dated July 15, 2008, a certain Twenty-third Loan Modification Agreement, dated September 30, 2008, a certain Twenty-fourth Loan Modification Agreement, dated as of June 9November 17, 20112008, between Borrower and Bank a certain Twenty-fifth Loan Modification Agreement, dated as of January 15, 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 (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 January 2930, 20072003, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 2930, 20072003 between Borrower, between Borrower Aspentech, Inc. and Bank, as amended by a certain letter agreement dated February 14, 2003, a certain First Loan Modification Agreement dated as of November 30June 27, 20072003, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30September 10, 20082004, between Borrower and Bank, as further amended by a certain Third Loan Modification Agreement dated as of November 30January 28, 20082005, between Borrower and Bank, as further amended by a certain Fourth Loan Modification Agreement dated as of February 26April 1, 20092005, between Borrower and Bank, as further amended by a certain Fifth Loan Modification Agreement dated as of April 27May 6, 20092005, between Borrower and Bank, as further amended by a certain Sixth Loan Modification Agreement dated as of March 22June 15, 20102005, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29September, 20102005, between Borrower and Bank, as further amended by a certain Eighth Amendment to Loan Modification and Security Agreement dated as of September 2010November 22, between Borrower and Bank2005, as further amended by a certain Ninth Loan Modification Agreement dated as of December July 17, 20102006, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9September 15, 20112006, between Borrower and Bank, and as further amended by a certain Eleventh Loan Modification Agreement dated as of September 27, 2006, a certain Twelfth Loan Modification Agreement dated January 12, 2007, a certain Thirteenth Loan Modification Agreement dated April 13, 2007, a certain Fourteenth Loan Modification Agreement dated June 928, 20112007, between Borrower a certain Waiver Agreement dated June 28, 2007, a certain Fifteenth Loan Modification Agreement dated August 30, 2007, a certain Sixteenth Loan Modification Agreement dated October 16, 2007, a certain Seventeenth Loan Modification Agreement dated December 28, 2007, a certain Eighteenth Loan Modification Agreement dated January 24, 2008, a certain Nineteenth Loan Modification Agreement dated April 11, 2008, a certain Twentieth Loan Modification Agreement dated May 15, 2008 and Bank a certain Twenty-first Loan Modification Agreement dated June 13, 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 (Aspen Technology Inc /De/)

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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 January 29August 20, 20072002, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29August 20, 20072002, between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of November 30August 5, 20072003, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30November 4, 20082003, between Borrower and Bank, as further amended by a certain Third Loan Modification Agreement dated as of November 30September 29, 20082004, between Borrower and Bank, as further amended by a certain Fourth Loan Modification Agreement dated as of February 26December 17, 20092004, between Borrower and Bank, as further amended by a certain Fifth Loan Modification Agreement dated as of April 27February 28, 20092005, between Borrower and Bank, as further amended by a certain Sixth Loan Modification Agreement dated as of March 22September 23, 20102005, and effective as of August 17, 2005, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29January 24, 20102006, between Borrower and Bank, as further amended by a certain Eighth Loan Modification Agreement dated as of September 201021, between Borrower 2006, but effective as of August 15, 2006, and Bank, as further amended by a certain Ninth Loan Modification Agreement dated as of December 17January 29, 2010, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9, 2011, between Borrower and Bank, and as further amended by a certain Eleventh Loan Modification Agreement dated as of June 9, 20112007, 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 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 January 2930, 20072003, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 2930, 20072003 between Borrower, between Borrower Aspentech, Inc. and Bank, as amended by a certain letter agreement dated February 14, 2003, a certain First Loan Modification Agreement dated as of November 30June 27, 20072003, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30September 10, 20082004, between Borrower and Bank, as further amended by a certain Third Loan Modification Agreement dated as of November 30January 28, 20082005, between Borrower and Bank, as further amended by a certain Fourth Loan Modification Agreement dated as of February 26April 1, 20092005, between Borrower and Bank, as further amended by a certain Fifth Loan Modification Agreement dated as of April 27May 6, 20092005, between Borrower and Bank, as further amended by a certain Sixth Loan Modification Agreement dated as of March 22June 15, 20102005, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29September, 20102005, between Borrower and Bank, as further amended by a certain Eighth Amendment to Loan Modification and Security Agreement dated as of September 2010November 22, between Borrower and Bank2005, as further amended by a certain Ninth Loan Modification Agreement dated as of December July 17, 20102006, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9September 15, 20112006, between Borrower and Bank, and as further amended by a certain Eleventh Loan Modification Agreement dated September 27, 2006, a certain Twelfth Loan Modification Agreement dated January 12, 2007, a certain Thirteenth Loan Modification Agreement dated April 13, 2007, a certain Fourteenth Loan Modification Agreement dated June 28, 2007, a certain Waiver Agreement dated June 28, 2007, a certain Fifteenth Loan Modification Agreement dated August 30, 2007, a certain Sixteenth Loan Modification Agreement dated October 16, 2007, a certain Seventeenth Loan Modification Agreement dated December 28, 2007, a certain Eighteenth Loan Modification Agreement dated January 24, 2008, a certain Nineteenth Loan Modification Agreement dated April 11, 2008, a certain Twentieth Loan Modification Agreement dated May 15, 2008, a certain Twenty-first Loan Modification Agreement dated June 13, 2008, a certain Twenty-second Loan Modification Agreement dated July 15, 2008, a certain Twenty-third Loan Modification Agreement, dated September 30, 2008, a certain Twenty-fourth Loan Modification Agreement, dated as of June 9November 17, 20112008, between Borrower a certain Twenty-fifth Loan Modification Agreement, dated as of January 15, 2009 and Bank a certain Twenty-sixth Loan Modification Agreement, dated as of May 15, 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 (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 January 29November 30, 20072011, evidenced by, among other documents, (i) a certain Second Amended and Restated Loan and Security Agreement (Domestic) dated as of January 29November 30, 2007, between Borrower and Bank2011, as amended by a certain First Loan Modification Agreement (Domestic), dated as of November March 30, 2007, between Borrower and Bank2012, as further amended by a certain Second Loan Modification and Waiver Agreement (Domestic), dated as of July 30May 1, 2008, between Borrower and Bank2012, as further amended by a certain Third Loan Modification Agreement Agreement, dated as of November 30May 7, 2008, between Borrower and Bank2012, as further amended by a certain Fourth Loan Modification Agreement (Domestic), dated as of February 26December 28, 2009, between Borrower and Bank2012, as further amended by a certain Fifth Loan Modification Agreement (Domestic), dated as of April 27March 29, 2009, between Borrower and Bank, 2013 as further amended by a certain Sixth Loan Modification and Waiver Agreement (Domestic), dated as of March 22June 28, 2010, between Borrower and Bank2013, as further amended by a certain Seventh Loan Modification and Waiver Agreement (“Seventh Amendment”) Domestic), dated as of June 29July 31, 2010, between Borrower and Bank2013, as further amended by a certain Eighth Loan Modification Agreement (Domestic), dated as of September 2010August 30, between Borrower and Bank2013, as further amended by a certain Ninth Loan Modification Agreement Agreement, dated as of December 17March 28, 2010, between Borrower 2014 and Bank, as further amended by a certain Tenth Loan Modification Agreement (Domestic), dated as of March 927, 2011, between Borrower and Bank, and as further amended by a certain Eleventh Loan Modification Agreement dated as of June 9, 2011, between Borrower and Bank 2015 (as amendedmay be amended 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 (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 January 29November 30, 20072011, evidenced by, among other documents, (i) a certain Amended and Restated Export-Import Bank Loan and Security Agreement dated as of January November 30, 2011, as amended by a certain Export-Import Bank First Loan Modification Agreement, dated as of March 30, 2012, as further amended by a certain Export-Import Bank Second Loan Modification and Waiver Agreement, dated as of May 1, 2012, as further amended by a certain Export-Import Bank Third Loan Modification Agreement, dated as of May 7, 2012 as further amended by that certain Export-Import Bank Fourth Loan Modification, dated as of March 29, 20072013, between Borrower as further amended by that certain Export-Import Bank Fifth Loan Modification, dated as of June 28, 2013, and Bankas further amended by a certain Export-Import Bank Sixth Loan Modification Agreement, dated as of July 31, 2013 (as may be amended from time to time, the “Loan Agreement”) and (ii) a certain Second Amended and Restated Loan and Security Agreement (Domestic), dated as of November 30, 2011, as amended by a certain First Loan Modification Agreement (Domestic), dated as of November March 30, 2007, between Borrower and Bank2012, as further amended by a certain Second Loan Modification and Waiver Agreement (Domestic), dated as of July 30May 1, 2008, between Borrower and Bank, 2012 as further amended by a certain Third Loan Modification Agreement (Domestic), dated as of November 30May 7, 2008, between Borrower and Bank2012, as further amended by a certain Fourth Loan Modification Agreement (Domestic), dated as of February 26December 28, 2009, between Borrower and Bank2012, as further amended by a certain Fifth Loan Modification Agreement (Domestic), dated as of April 27March 29, 2009, between Borrower and Bank2013, as further amended by a that certain Sixth Loan Modification and Waiver Agreement (Domestic), dated as of March 22June 28, 2010, between Borrower and Bank2013, as further amended by a that certain Seventh Loan Modification and Waiver Agreement (“Seventh Amendment”) Domestic), dated as of June 29July 31, 2010, between Borrower and Bank, as further amended by a certain Eighth Loan Modification Agreement dated as of September 2010, between Borrower and Bank, as further amended by a certain Ninth Loan Modification Agreement dated as of December 17, 2010, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9, 2011, between Borrower and Bank2013, and as further amended by a that certain Eleventh Eighth Loan Modification Agreement (Domestic), dated as of June 9the date hereof (as may be amended from time to time, 2011the “Domestic Agreement”), in each case between Borrower and Bank (as amended, the “Loan Agreement”)Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement and/or the Domestic Agreement, as applicable.

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 January 29November 30, 20072011, evidenced by, among other documents, (i) a certain Second Amended and Restated Loan and Security Agreement (Domestic) dated as of January 29November 30, 2007, between Borrower and Bank2011, as amended by a certain First Loan Modification Agreement (Domestic), dated as of November March 30, 2007, between Borrower and Bank2012, as further amended by a certain Second Loan Modification and Waiver Agreement (Domestic), dated as of July 30May 1, 2008, between Borrower and Bank2012, as further amended by a certain Third Loan Modification Agreement Agreement, dated as of November 30May 7, 2008, between Borrower and Bank2012, as further amended by a certain Fourth Loan Modification Agreement (Domestic), dated as of February 26December 28, 2009, between Borrower and Bank2012, as further amended by a certain Fifth Loan Modification Agreement (Domestic), dated as of April 27March 29, 2009, between Borrower and Bank, 2013 as further amended by a certain Sixth Loan Modification and Waiver Agreement (Domestic), dated as of March 22June 28, 2010, between Borrower and Bank2013, as further amended by a certain Seventh Loan Modification and Waiver Agreement (“Seventh Amendment”) Domestic), dated as of June 29July 31, 2010, between Borrower and Bank2013, as further amended by a certain Eighth Loan Modification Agreement (Domestic), dated as of September 2010August 30, between Borrower 2013 and Bank, as further amended by a certain Ninth Loan Modification Agreement dated as of December 17Agreement, 2010, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 928, 2011, between Borrower and Bank, and as further amended by a certain Eleventh Loan Modification Agreement dated as of June 9, 2011, between Borrower and Bank 2014 (as amendedmay be amended 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 (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 January 2930, 20072003, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 2930, 20072003 between Borrower, between Borrower Aspentech, Inc. and Bank, as amended by a certain letter agreement dated February 14, 2003, a certain First Loan Modification Agreement dated as of November 30June 27, 20072003, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30September 10, 20082004, between Borrower and Bank, as further amended by a certain Third Loan Modification Agreement dated as of November 30January 28, 20082005, between Borrower and Bank, as further amended by a certain Fourth Loan Modification Agreement dated as of February 26April 1, 20092005, between Borrower and Bank, as further amended by a certain Fifth Loan Modification Agreement dated as of April 27May 6, 20092005, between Borrower and Bank, as further amended by a certain Sixth Loan Modification Agreement dated as of March 22June 15, 20102005, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29September, 20102005, between Borrower and Bank, as further amended by a certain Eighth Amendment to Loan Modification and Security Agreement dated as of September 2010November 22, between Borrower and Bank2005, as further amended by a certain Ninth Loan Modification Agreement dated as of December July 17, 20102006, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9September 15, 20112006, between Borrower and Bank, and as further amended by a certain Eleventh Loan Modification Agreement dated as of September 27, 2006, a certain Twelfth Loan Modification Agreement dated January 12, 2007, a certain Thirteenth Loan Modification Agreement dated April 13, 2007, a certain Fourteenth Loan Modification Agreement dated June 928, 20112007, between Borrower a certain Waiver Agreement dated June 28, 2007 and Bank a certain Fifteenth Loan Modification Agreement dated August 30, 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 (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 January 29, 2007, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29, 2007, between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of November 30, 2007, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30, 2008, between Borrower and Bank, as further amended by a certain Third Loan Modification Agreement dated as of November 30, 2008, between Borrower and Bank, as further amended by a certain Fourth Loan Modification Agreement dated as of February 26, 2009, between Borrower and Bank, as further amended by a certain Fifth Loan Modification Agreement dated as of April 27, 2009, between Borrower and Bank, as further amended by a certain Sixth Loan Modification Agreement dated as of March 22, 2010, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29, 2010, between Borrower and Bank, as further amended by a certain Eighth Loan Modification Agreement dated as of September 2010, between Borrower and Bank, as further amended by a certain Ninth Loan Modification Agreement dated as of December 17, 2010, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9, 2011, between Borrower and Bank, and as further amended by a certain Eleventh Loan Modification Agreement dated as of June 9, 2011, between Borrower and Bank, and as further amended by a certain Twelfth Loan Modification Agreement dated as of September 23, 2011, 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 and Security Agreement (Meru Networks 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 January 2930, 20072003, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 2930, 20072003 between Borrower, between Borrower Aspentech, Inc. and Bank, as amended by a certain letter agreement dated February 14, 2003, a certain First Loan Modification Agreement dated as of November 30June 27, 20072003, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30September 10, 20082004, between Borrower and Bank, as further amended by a certain Third Loan Modification Agreement dated as of November 30January 28, 20082005, between Borrower and Bank, as further amended by a certain Fourth Loan Modification Agreement dated as of February 26April 1, 20092005, between Borrower and Bank, as further amended by a certain Fifth Loan Modification Agreement dated as of April 27May 6, 20092005, between Borrower and Bank, as further amended by a certain Sixth Loan Modification Agreement dated as of March 22June 15, 20102005, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29September, 20102005, between Borrower and Bank, as further amended by a certain Eighth Amendment to Loan Modification and Security Agreement dated as of September 2010November 22, between Borrower and Bank2005, as further amended by a certain Ninth Loan Modification Agreement dated as of December July 17, 20102006, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9September 15, 20112006, between Borrower and Bank, and as further amended by a certain Eleventh Loan Modification Agreement dated September 27, 2006, a certain Twelfth Loan Modification Agreement dated January 12, 2007, a certain Thirteenth Loan Modification Agreement dated April 13, 2007, a certain Fourteenth Loan Modification Agreement dated June 28, 2007, a certain Waiver Agreement dated June 28, 2007, a certain Fifteenth Loan Modification Agreement dated August 30, 2007, a certain Sixteenth Loan Modification Agreement dated October 16, 2007, a certain Seventeenth Loan Modification Agreement dated December 28, 2007, a certain Eighteenth Loan Modification Agreement dated January 24, 2008, a certain Nineteenth Loan Modification Agreement dated April 11, 2008, a certain Twentieth Loan Modification Agreement dated May 15, 2008, a certain Twenty-first Loan Modification Agreement dated June 13, 2008, a certain Twenty-second Loan Modification Agreement dated July 15, 2008, a certain Twenty-third Loan Modification Agreement, dated September 30, 2008, and a certain Twenty-fourth Loan Modification Agreement, dated as of June 9November 17, 2011, 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 (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 January 2930, 20072003, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 2930, 20072003 between Borrower, between Borrower Aspentech, Inc. and Bank, as amended by a certain letter agreement dated February 14, 2003, a certain First Loan Modification Agreement dated as of November 30June 27, 20072003, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30September 10, 20082004, between Borrower and Bank, as further amended by a certain Third Loan Modification Agreement dated as of November 30January 28, 20082005, between Borrower and Bank, as further amended by a certain Fourth Loan Modification Agreement dated as of February 26April 1, 20092005, between Borrower and Bank, as further amended by a certain Fifth Loan Modification Agreement dated as of April 27May 6, 20092005, between Borrower and Bank, as further amended by a certain Sixth Loan Modification Agreement dated as of March 22June 15, 20102005, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29September, 20102005, between Borrower and Bank, as further amended by a certain Eighth Amendment to Loan Modification and Security Agreement dated as of September 2010November 22, between Borrower and Bank2005, as further amended by a certain Ninth Loan Modification Agreement dated as of December July 17, 20102006, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9September 15, 20112006, between Borrower and Bank, and as further amended by a certain Eleventh Loan Modification Agreement dated as of September 27, 2006, a certain Twelfth Loan Modification Agreement dated January 12, 2007, a certain Thirteenth Loan Modification Agreement dated April 13, 2007, a certain Fourteenth Loan Modification Agreement dated June 928, 20112007, between Borrower a certain Waiver Agreement dated June 28, 2007, a certain Fifteenth Loan Modification Agreement dated August 30, 2007 and Bank a certain Sixteenth Loan Modification Agreement dated October 16, 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 (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 January 29November 30, 20072011, evidenced by, among other documents, (i) a certain Amended and Restated Export-Import Bank Loan and Security Agreement dated as of January 29November 30, 20072011, between Borrower as amended by a certain Export-Import Bank First Loan Modification Agreement, dated as of March 30, 2012, as further amended by a certain Export-Import Bank Second Loan Modification and BankWaiver Agreement, dated as of May 1, 2012 and as further amended by a certain Export-Import Bank Third Loan Modification Agreement, dated as of May 7, 2012 (as may be amended from time to time, the “Loan Agreement”) and (ii) a certain Second Amended and Restated Loan and Security Agreement (Domestic), dated as of November 30, 2011, as amended by a certain First Loan Modification Agreement (Domestic), dated as of November March 30, 2007, between Borrower and Bank2012, as further amended by a certain Second Loan Modification and Waiver Agreement (Domestic), dated as of July 30May 1, 2008, between Borrower and Bank, 2012 as further amended by a certain Third Loan Modification Agreement (Domestic), dated as of November 30May 7, 2008, between Borrower and Bank2012, as further amended by a certain Fourth Loan Modification Agreement (Domestic), dated as of February 26December 28, 2009, between Borrower 2012 and Bank, as further amended by a certain Fifth Loan Modification Agreement (Domestic), dated as of April 27the date hereof (as may be amended from time to time, 2009the “Domestic Agreement”), in each case between Borrower and Bank, as further amended by a certain Sixth Loan Modification Agreement dated as of March 22, 2010, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29, 2010, between Borrower and Bank, as further amended by a certain Eighth Loan Modification Agreement dated as of September 2010, between Borrower and Bank, as further amended by a certain Ninth Loan Modification Agreement dated as of December 17, 2010, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9, 2011, between Borrower and Bank, and as further amended by a certain Eleventh Loan Modification Agreement dated as of June 9, 2011, 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 and/or the Domestic Agreement, as applicable.

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 January 2930, 20072003, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 2930, 20072003 between Borrower, between Borrower Aspentech, Inc. and Bank, as amended by a certain letter agreement dated February 14, 2003, a certain First Loan Modification Agreement dated as of November 30June 27, 20072003, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30September 10, 20082004, between Borrower and Bank, as further amended by a certain Third Loan Modification Agreement dated as of November 30January 28, 20082005, between Borrower and Bank, as further amended by a certain Fourth Loan Modification Agreement dated as of February 26April 1, 20092005, between Borrower and Bank, as further amended by a certain Fifth Loan Modification Agreement dated as of April 27May 6, 20092005, between Borrower and Bank, as further amended by a certain Sixth Loan Modification Agreement dated as of March 22June 15, 20102005, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29September, 20102005, between Borrower and Bank, as further amended by a certain Eighth Amendment to Loan Modification and Security Agreement dated as of September 2010November 22, between Borrower and Bank2005, as further amended by a certain Ninth Loan Modification Agreement dated as of December July 17, 20102006, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9September 15, 20112006, between Borrower and Bank, and as further amended by a certain Eleventh Loan Modification Agreement dated as of June 9September 27, 20112006, between Borrower a certain Twelfth Loan Modification Agreement dated January 12, 2007 and Bank a certain Thirteenth Loan Modification Agreement dated April 13, 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 (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 January 29June 9, 20072011, evidenced by, among other documents, a that certain Loan and Security Agreement dated as of January 29, 2007, between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of November 30, 2007, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30, 2008, between Borrower and Bank, as further amended by a certain Third Loan Modification Agreement dated as of November 30, 2008, between Borrower and Bank, as further amended by a certain Fourth Loan Modification Agreement dated as of February 26, 2009, between Borrower and Bank, as further amended by a certain Fifth Loan Modification Agreement dated as of April 27, 2009, between Borrower and Bank, as further amended by a certain Sixth Loan Modification Agreement dated as of March 22, 2010, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29, 2010, between Borrower and Bank, as further amended by a certain Eighth Loan Modification Agreement dated as of September 2010, between Borrower and Bank, as further amended by a certain Ninth Loan Modification Agreement dated as of December 17, 2010, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9, 2011, between Borrower and Bank, and as further amended by a certain Eleventh Loan Modification Agreement Bank dated as of June 9, 2011, as amended by that certain First Loan Modification Agreement between Borrower and Bank dated as of March 13, 2012, as amended by that certain Second Loan Modification Agreement between Borrower and Bank dated as of June 8, 2012, as amended by that certain Third Loan Modification Agreement between Borrower and Bank dated as of July 10, 2012, but effective as of July 8, 2012, as amended by that certain Fourth Loan Modification Agreement between Borrower and Bank dated as of September 20, 2012, but effective as of August 7, 2012, as amended by that certain Fifth Loan Modification Agreement between Borrower and Bank dated as of September 12, 2013, but effective as of August 6, 2013, as amended by that certain Sixth Loan Modification Agreement between Borrower and Bank dated as of September 18, 2014, as amended by that certain Seventh Loan Modification Agreement between Borrower and Bank dated as of August 5, 2015, as amended by that certain Eighth Loan Modification Agreement between Borrower and Bank dated as of November 4, 2015, and as further amended by that certain Ninth Loan Modification Agreement between Borrower and Bank dated as of January 13, 2016, but effective as of January 4, 2016 (as the same may from time to time be further amended, modified, supplemented or restated, 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 (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 January 29June 13, 20072002, evidenced by, among other documents, a certain Amended and Restated Loan and Security Agreement dated as of January 29June 13, 20072002, between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of November 30September 27, 20072002, between Borrower and Bankas further amended by a certain Amendment dated as of October 4, 2002, as further amended by a certain Second Loan Modification Agreement dated as of July 30December 24, 2008, between Borrower and Bank2002, as further amended by a certain Third Loan Modification Agreement dated as of November 30October 20, 2008, between Borrower and Bank2003, as further amended by a certain Fourth Loan Modification Agreement dated as of February November 26, 20092003, between Borrower and Bankas further amended by a certain Letter Agreement dated June 16, 2004, as further amended by a certain Fifth Loan Modification Agreement dated as of April 27June 30, 2009, between Borrower and Bank2004, as further amended by a certain Sixth Loan Modification Agreement dated as of March 22November 24, 2010, between Borrower and Bank2004, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29December 21, 2010, between Borrower and Bank2004, as further amended by a certain Eighth Loan Modification Agreement dated as of September 2010December 30, between Borrower and Bank2005, as further amended by a certain Ninth Loan Modification Agreement dated as of December 17February 10, 20102006, between Borrower and Bankeffective as of February 7, 2006, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9October 4, 2011, between Borrower and Bank2006, and as further amended by a certain Eleventh Loan Modification Agreement dated as of June 9May 7, 2011, 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 (Art Technology 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 January 29November 30, 20072011, evidenced by, among other documents, (i) a certain Second Amended and Restated Loan and Security Agreement (Domestic) dated as of January 29November 30, 2007, between Borrower and Bank2011, as amended by a certain First Loan Modification Agreement (Domestic), dated as of November March 30, 2007, between Borrower and Bank2012, as further amended by a certain Second Loan Modification and Waiver Agreement (Domestic), dated as of July 30May 1, 2008, between Borrower and Bank2012, as further amended by a certain Third Loan Modification Agreement Agreement, dated as of November 30May 7, 2008, between Borrower and Bank2012, as further amended by a certain Fourth Loan Modification Agreement (Domestic), dated as of February 26December 28, 2009, between Borrower and Bank, 2012 as further amended by a certain Fifth Loan Modification Agreement (Domestic), dated as of April 27March 29, 20092013 and as further mended by a certain Sixth Loan Modification and Waiver Agreement (Domestic), between Borrower dated as of June 28, 2013 (“Sixth Loan Modification (Domestic”) (as may be amended from time to time, the “Loan Agreement”) and Bank(ii) a certain Amended and Restated Export-Import Bank Loan and Security Agreement, dated as of November 30, 2011, as amended by a certain Export-Import Bank First Loan Modification Agreement, dated as of March 30, 2012, as amended by that certain Export-Import Bank Second Loan Modification and Waiver Agreement, dated as of May 1, 2012, as further amended by that certain Export-Import Bank Third Loan Modification Agreement, dated as of May 7, 2012, as further amended by a certain Sixth Export-Import Bank Fourth Loan Modification Agreement Agreement, dated as of March 2229, 2010, between Borrower and Bank2013, as further amended mended by a certain Seventh Export-Import Bank Fifth Loan Modification Agreement (“Seventh Amendment”) Agreement, dated as of June 2928, 2010, between Borrower and Bank, as further amended by a certain Eighth Loan Modification Agreement dated as of September 2010, between Borrower and Bank, as further amended by a certain Ninth Loan Modification Agreement dated as of December 17, 2010, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9, 2011, between Borrower and Bank, 2013 and as further amended by a certain Eleventh Export-Import Bank Sixth Loan Modification Agreement Agreement, dated as of June 9the date hereof (as may be amended from time to time, 2011the “EXIM Bank Loan and Security Agreement”), in each case between Borrower and Bank (as amended, the “Loan Agreement”)Bank. 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 January 29November 30, 20072011, evidenced by, among other documents, (i) a certain Amended and Restated Export-Import Bank Loan and Security Agreement dated as of January November 30, 2011, as amended by a certain Export-Import Bank First Loan Modification Agreement, dated as of March 30, 2012, as further amended by a certain Export-Import Bank Second Loan Modification and Waiver Agreement, dated as of May 1, 2012, as further amended by a certain Export-Import Bank Third Loan Modification Agreement, dated as of May 7, 2012 as further amended by that certain Export-Import Bank Fourth Loan Modification, dated as of March 29, 20072013 and as further amended by that certain Export-Import Bank Fifth Loan Modification, between Borrower dated as of June 28, 2013 (as may be amended from time to time, the “Loan Agreement”) and Bank(ii) a certain Second Amended and Restated Loan and Security Agreement (Domestic), dated as of November 30, 2011, as amended by a certain First Loan Modification Agreement (Domestic), dated as of November March 30, 2007, between Borrower and Bank2012, as further amended by a certain Second Loan Modification and Waiver Agreement (Domestic), dated as of July 30May 1, 2008, between Borrower and Bank, 2012 as further amended by a certain Third Loan Modification Agreement (Domestic), dated as of November 30May 7, 2008, between Borrower and Bank2012, as further amended by a certain Fourth Loan Modification Agreement (Domestic), dated as of February 26December 28, 2009, between Borrower and Bank2012, as further amended by a certain Fifth Loan Modification Agreement (Domestic), dated as of April 27March 29, 2009, between Borrower and Bank2013, as further amended by a that certain Sixth Loan Modification Agreement dated as of March 22and Waiver Agreement, 2010, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 2928, 2010, between Borrower and Bank, as further amended by a certain Eighth Loan Modification Agreement dated as of September 2010, between Borrower and Bank, as further amended by a certain Ninth Loan Modification Agreement dated as of December 17, 2010, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9, 2011, between Borrower and Bank2013, and as further amended by a that certain Eleventh Seventh Loan Modification Agreement and Waiver Agreement, dated as of June 9the date hereof (as may be amended from time to time, 2011the “Domestic Agreement”), in each case between Borrower and Bank (as amended, the “Loan Agreement”)Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement and/or the Domestic Agreement, as applicable.

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 January 2930, 20072003, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 2930, 20072003 between Borrower, between Borrower Aspentech, Inc. and Bank, as amended by a certain letter agreement dated February 14, 2003, a certain First Loan Modification Agreement dated as of November 30June 27, 20072003, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30September 10, 20082004, between Borrower and Bank, as further amended by a certain Third Loan Modification Agreement dated as of November 30January 28, 20082005, between Borrower and Bank, as further amended by a certain Fourth Loan Modification Agreement dated as of February 26April 1, 20092005, between Borrower and Bank, as further amended by a certain Fifth Loan Modification Agreement dated as of April 27May 6, 20092005, between Borrower and Bank, as further amended by a certain Sixth Loan Modification Agreement dated as of March 22June 15, 20102005, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29September, 20102005, between Borrower and Bank, as further amended by a certain Eighth Amendment to Loan Modification and Security Agreement dated as of September 2010November 22, between Borrower and Bank2005, as further amended by a certain Ninth Loan Modification Agreement dated as of December July 17, 20102006, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9September 15, 20112006, between Borrower and Bank, and as further amended by a certain Eleventh Loan Modification Agreement dated as of September 27, 2006, a certain Twelfth Loan Modification Agreement dated January 12, 2007, a certain Thirteenth Loan Modification Agreement dated April 13, 2007, a certain Fourteenth Loan Modification Agreement dated June 928, 20112007, between Borrower a certain Waiver Agreement dated June 28, 2007, a certain Fifteenth Loan Modification Agreement dated August 30, 2007, a certain Sixteenth Loan Modification Agreement dated October 16, 2007, a certain Seventeenth Loan Modification Agreement dated December 28, 2007, a certain Eighteenth Loan Modification Agreement dated January 24, 2008 and Bank a certain Nineteenth Loan Modification Agreement dated April 11, 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 (Aspen Technology Inc /De/)

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