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 March 14, 2008, evidenced by, among other documents, a certain Loan and Security Agreement dated as of March 14, 2008, among Borrower and Bank, as affected by a certain Joinder Agreement dated as of October 30, 2008, as amended by a certain First Loan Modification Agreement dated as of October 30, 2008, as further amended by a certain Second Loan Modification Agreement dated as of February 6, 2009, and as further amended by a certain Third Loan Modification Agreement dated as of June 10, 2009 (as amended and affected, the “Loan Agreement”). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 3 contracts

Samples: Loan Modification Agreement (Finisar Corp), Loan Modification Agreement (Finisar Corp), Loan Modification Agreement (Finisar Corp)

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DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 14June 7, 20082007, evidenced by, among other documents, a certain Loan and Security Agreement dated as of March 14June 7, 20082007, among between Borrower and Bank, as affected by a certain Joinder Agreement dated as of October 30, 2008, as amended by a certain First Loan Modification Agreement dated as of October 30December 8, 2008, as further amended by a certain Second Loan Modification Agreement dated as of February 6December 7, 2009, and as further amended by a certain Third Loan Modification Agreement dated as of June 10February 7, 2009 2010 (as amended and affectedfrom time to time, the “Loan Agreement”). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 2 contracts

Samples: Loan and Security Agreement (Tremor Video Inc.), Loan and Security Agreement (Tremor Video Inc.)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 14May 27, 20082009, evidenced by, among other documents, a certain Amended and Restated Loan and Security Agreement dated as of March 14May 27, 20082009, among between Borrower and Bank, as affected by a certain Joinder Agreement dated as of October 30, 2008, as amended by a certain Joinder and First Loan Modification Agreement Agreement, dated as of October 30December 31, 20082010, and as further amended by a certain Second Loan Modification Agreement Agreement, dated as of February 6April 29, 20092011, and as further amended by a certain Third Loan Modification Agreement Agreement, dated as of June 10December 21, 2009 2012 (as amended and affectedamended, the “Loan Agreement”). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 2 contracts

Samples: Loan Modification Agreement, Loan Modification Agreement (Safeguard Scientifics Inc)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 14February 27, 20082003, evidenced by, among other documents, a certain Loan and Security Agreement dated as of March 14February 27, 2008, among Borrower and Bank, as affected by a certain Joinder Agreement dated as of October 30, 20082003, as amended by a certain First Loan Modification Agreement dated as of October 30August 4, 20082003, as further amended by a certain Second Loan Modification Agreement dated February 10, 2004, as of February 6further amended by a Third Loan Modification Agreement dated August 12, 20092004, and as further amended by a certain Third Fourth Loan Modification Agreement dated as of June 10March 11, 2009 2005 (as amended and affectedamended, the "Loan Agreement"). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 2 contracts

Samples: Loan and Security Agreement (Constant Contact, Inc.), Loan and Security Agreement (Constant Contact, Inc.)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 14February 27, 20082003, evidenced by, among other documents, a certain Loan and Security Agreement dated as of March 14February 27, 2008, among Borrower and Bank, as affected by a certain Joinder Agreement dated as of October 30, 20082003, as amended by a certain First Loan Modification Agreement dated as of October 30August 4, 20082003, as further amended by a certain Second Loan Modification Agreement dated February 10, 2004, as of February 6further amended by a Third Loan Modification Agreement dated August 12, 20092004, as amended by a Fourth Loan Modification Agreement dated March 11, 2005, and as further amended by a certain Third Fifth Loan Modification Agreement dated as of June 10September 19, 2009 2005 (as amended and affectedamended, the "Loan Agreement"). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 2 contracts

Samples: Loan and Security Agreement (Constant Contact, Inc.), Loan and Security Agreement (Constant Contact, Inc.)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 14, 2008, evidenced by, among other documents, a certain Loan and Security Agreement dated as of March 14, 2008, among Borrower and Bank, as affected by a certain Joinder Agreement dated as of October 30, 2008, as amended by a certain First Loan Modification Agreement dated as of October 30, 2008, and as further amended by a certain Second Loan Modification Agreement dated as of February 6, 2009, and as further amended by a certain Third Loan Modification Agreement dated as of June 10, 2009 (as amended and affected, 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 (Finisar Corp)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 14September 8, 2008, evidenced by, among other documents, a certain Loan and Security Agreement dated as of March 14September 8, 2008, among between Borrower and Bank, as affected by a certain Joinder Agreement dated as of October 30, 2008, as amended by a certain First Loan Modification Agreement Agreement, dated as of October September 30, 20082009, as further amended by a certain Second Loan Modification Agreement Agreement, dated as of February 6March 8, 2009, 2011 and as further amended by a certain Third Loan Modification Agreement and Waiver Agreement, dated as of June 10March 2, 2009 2012 (as amended and affectedamended, 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 (World Energy Solutions, Inc.)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 14August 10, 20082006, evidenced by, among other documents, a certain Loan and Security Agreement dated as of March 14August 10, 2008, among Borrower and Bank2006, as affected by a certain Joinder Waiver Agreement dated as of October 30June 8, 2008, between Borrower and Bank (the “Waiver Agreement”), as amended by a certain First Loan Modification Agreement dated as of October 30August 8, 2008, between Borrower and Bank, and as further amended by a certain Second Loan Modification Agreement dated as of February 6September 17, 20092008, between Borrower and as further amended by a certain Third Loan Modification Agreement dated as of June 10, 2009 Bank (as amended and affectedfrom time to time, the “Loan Agreement”). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 1 contract

Samples: Loan Modification Agreement (Salary. Com, Inc.)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 14December 19, 20082011, evidenced by, among other documents, a certain Loan and Security Agreement Agreement, dated as of March 14December 19, 2008, among Borrower and Bank, as affected by a certain Joinder Agreement dated as of October 30, 20082011, as amended by a certain First Loan Modification Agreement Agreement, dated as of October 30August 28, 20082012, as further amended by a certain Second Loan Modification Agreement and Reinstatement Agreement, dated as of February 6November 13, 2009, 2012 and as further amended by a certain Third Loan Modification Agreement Agreement, dated as of June 10March 27, 2009 2013 (as amended and affectedamended, 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 (Real Goods Solar, Inc.)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to the Bank pursuant to a loan arrangement dated as of March 14December 29, 20082004, evidenced by, among other documents, a certain Loan and Security Agreement (Operating Line of Credit) dated as of March 14December 29, 20082004, among between Borrower and the Bank, as affected by a certain Joinder Agreement dated as of October 30, 2008, as amended by a that certain First Loan Modification Agreement dated as of October 30June 21, 20082005, as further amended by a that certain Second Loan Modification Agreement dated as of February 6November 9,2005, 2009as amended by that certain Third Amendment to Loan and Security Agreement dated as of June 21, 2006, and as further amended by a that certain Third Default Waiver and Fourth Amendment to Loan Modification and Security Agreement dated as of June 10August 22, 2009 2006 (as amended and affectedamended, the “Loan Agreement”). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Infinera Corp)

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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 March 14February 18, 20082010, evidenced by, among other documents, a certain Loan and Security Agreement dated as of March 14February 18, 20082010, among between Borrower and Bank, as affected by a certain Joinder Agreement dated as of October 30, 2008, as amended by a certain First Loan Modification Agreement Agreement, dated as of October 30March 7, 20082011, as further amended by a certain Second Loan Modification Agreement Agreement, dated as of February 6May 18, 20092011, and as further amended by a certain Third Loan Modification Agreement Agreement, dated as of June 101, 2009 2012 (as amended and affectedamended, the “Loan Agreement”). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 1 contract

Samples: Loan Modification Agreement (Luna Innovations Inc)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 14December 19, 20082011, evidenced by, among other documents, a certain Loan and Security Agreement Agreement, dated as of March 14December 19, 2008, among Borrower and Bank, as affected by a certain Joinder Agreement dated as of October 30, 20082011, as amended by a certain First Loan Modification Agreement Agreement, dated as of October 30August 28, 20082012, as further amended by a certain Second Loan Modification Agreement and Reinstatement Agreement, dated as of February 6November 13, 20092012, and as further amended by a certain Third Loan Modification Agreement Agreement, dated as of June 10March 27, 2009 2013 and as further amended by a certain Joinder and Fourth Loan Modification Agreement, dated as of September 26, 2013 (as amended and affectedamended, 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 (Real Goods Solar, 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 March 14September 22, 20082010, evidenced by, among other documents, a certain Loan and Security Agreement dated as of March 14September 22, 2008, among Borrower and Bank, as affected by a certain Joinder Agreement dated as of October 30, 20082010, as amended by a certain First Loan Modification Agreement dated as of October 30April 27, 20082011, as affected by a certain Joinder Agreement dated as of July 8, 2011, as further amended by a certain Second Loan Modification Agreement dated as of February 6December 21, 20092011, and as further amended by a certain Third Loan Modification Agreement dated as of June August 10, 2009 2012, and as further amended by a certain Fourth Loan Modification Agreement dated as of October 22, 2012 (as amended and affectedamended, 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 (Everyday Health, 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 March 14June 21, 20082011, evidenced by, among other documents, a certain Loan and Security Agreement dated as of March 14June 21, 20082011, among Borrower and Bank, as affected by a certain Joinder Agreement dated as of October 30, 2008, as amended by a certain First Loan Modification Agreement dated as of October 30November 17, 20082011, among Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of February 6March 21, 20092012, among Borrower and Bank, and as further amended by a certain Third Loan Modification Agreement dated as of June 10April 5, 2009 2012, among Borrower and Bank (as amended and affectedamended, 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 and Forbearance Agreement (Alvarion LTD)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 14June 19, 2008, evidenced by, among other documents, a certain Loan and Security Agreement dated as of March 14June 19, 2008, among between Borrower and Bank, as affected by a certain Joinder Agreement dated as of October 30, 2008, as amended by a certain First Loan Modification Agreement dated as of October 30April 16, 20082009, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of February 6June 18, 2009, between Borrower and Bank, as further amended by a certain Third Loan Modification Agreement dated as of June 10March 24, 2009 2010, between Borrower and Bank, and as further amended by a certain Fourth Loan Modification Agreement dated as of March 24, 2011, between Borrower and Bank (as amended and affectedamended, the “Loan Agreement”). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 1 contract

Samples: Loan Modification Agreement (Chyron Corp)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 14December 29, 2008, 2003 evidenced by, among other documents, instruments and agreements, a certain Amended and Restated Loan and Security Agreement dated as of March 14December 29, 2008, among Borrower and Bank2003, as affected and amended by a certain Joinder Consent, Waiver and Amendment Agreement dated as of October 30June 18, 20082004, as further amended by a certain First Loan Modification Agreement dated as of October June 30, 20082004, and as further amended by a certain Second Loan Modification Agreement dated as of February 6September 30, 2009, and as further amended by a certain Third Loan Modification Agreement dated as of June 10, 2009 2004 (as amended and affectedamended, 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 (Ibasis Inc)

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