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 that certain First Loan Modification Agreement dated as of November 30, 2007 and that certain Second Loan Modification Agreement dated as of July 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 4 contracts
Samples: Loan Modification Agreement, Loan Modification 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 29June 9, 20072011, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29June 9, 20072011, between Borrower and Bank, as amended by that certain First Loan Modification Agreement dated as of November 30March 13, 2007 2012, between Borrower and that certain Second Loan Modification Agreement dated as of July 30, 2008 Bank (as amended, the “Loan Agreement”). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.
Appears in 3 contracts
Samples: Loan Modification Agreement (Acacia Communications, Inc.), Loan Modification Agreement (Acacia Communications, Inc.), Loan Modification Agreement (Acacia Communications, Inc.)
DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bankthe Lenders, Borrower is indebted to Bank the Lenders pursuant to a loan arrangement dated as of January 29August 27, 20072010, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29August 27, 20072010, between Borrower a certain Consent and Bank, as amended by that certain First Loan Modification Agreement dated as of November 30December 14, 2007 2010 and that certain a Second Loan Modification Agreement dated as of July 3019, 2008 2011, each among Borrower, Agent and the Lenders (as amended, the “Loan Agreement”). Capitalized terms used but not otherwise defined herein shall have the same meaning as meanings ascribed to such terms in the Loan Agreement.
Appears in 2 contracts
Samples: Third Loan Modification Agreement, Third Loan Modification Agreement (Endocyte 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 21, 20072011, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29June 21, 20072011, between among Borrower and Bank, Bank (as amended from time to time, including without limitation by that certain the First Loan Modification Agreement dated as of November 3017, 2007 2011, and that certain the Second Loan Modification Agreement dated as of July 30March 21, 2008 (as amended, 2012 the “Loan Agreement”). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.
Appears in 1 contract
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 29December 26, 20072019, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29December 26, 2007, between Borrower and Bank2019, as amended by that a certain First Loan Modification Agreement dated as of November 30January 6, 2007 and that certain Second Loan Modification Agreement dated as of July 30, 2008 2020 (as has been and as may be further amended, modified, restated, replaced or supplemented from time to time the “Loan Agreement”). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.
Appears in 1 contract
Samples: Modification Agreement (Misonix 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 16, 20072009, evidenced by, among other documents, a certain Amended and Restated Export-Import Bank Loan and Security Agreement dated as of January 29November 16, 20072009, between Borrower and Bank, as amended by that a certain First Loan Modification Agreement (Exim) dated as of November 30June 15, 2007 and that certain Second Loan Modification Agreement dated as of July 30, 2008 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
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 1, 20072017, evidenced by, among other documents, a certain Third Amended and Restated Loan and Security Agreement dated as of January 29November 1, 20072017, between Borrower and Bank, as amended by that a certain First Loan Modification Agreement dated as of November December 30, 2007 and that certain Second Loan Modification Agreement dated as of July 30, 2008 2021 (the “First LMA”) (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
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 13, 20072001, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29November 13, 20072001, between Borrower and Bank, as amended by that certain First Loan Modification Agreement Agreements dated as of June 11, 2001, June 26, 2001, December 6, 2002, June 25, 2003, January 15, 2004, November 30___, 2007 and that certain Second Loan Modification Agreement dated as of July 30, 2008 2004 (as amended, the “"Loan Agreement”"). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement. Hereinafter, the Loan Agreement, together with all other documents evidencing the Obligations shall be referred to as the "Existing Loan Documents".
Appears in 1 contract
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 29October 31, 20072002, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of January 29October 31, 20072002, between Borrower and Bank, Bank (as amended by that from time to time, the "Loan Agreement"), and (ii) a certain First Loan Modification Negative Pledge Agreement dated as of November 30October 31, 2007 and that certain Second Loan Modification Agreement dated as of July 30, 2008 2002 (as amended, the “Loan "Negative Pledge Agreement”"). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement. Hereinafter, all indebtedness and obligations owing by Borrower to Bank shall be referred to as the "Obligations".
Appears in 1 contract
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 22, 20072001, evidenced by, among other documents, a certain Loan and Security Accounts Receivable Financing Agreement dated as of January 29June 22, 2007, between Borrower and Bank2001, as amended by that a certain First Loan Accounts Receivable Financing Modification Agreement dated as of November 30September 18, 2007 and that 2001, as further amended by a certain Second Loan Modification Agreement dated as of July 30November 29, 2008 2001 (as amended, the “"Loan Agreement”"). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement. Hereinafter, all indebtedness and obligations owing by Borrower to Bank shall be referred to as the "Obligations".
Appears in 1 contract
Samples: Third Loan Modification Agreement (Mercator Software Inc)
DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of January 29August 4, 20072006, evidenced by, among other documents, a certain Loan and Security Agreement (Working Capital Line of Credit) dated as of January 29August 4, 20072006, between Borrower and Bank, as amended by that a certain First Loan Modification Agreement dated as of November 30February 14, 2007 2007, between Borrower and that certain Second Loan Modification Agreement dated as of July 30, 2008 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: Second Loan Modification Agreement (Technest Holdings Inc)
DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of January 29April 11, 2007, 2005 evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29April 11, 20072005, between Borrower and Bank, as amended by that a certain First Loan Modification Agreement dated as of November 30April 10, 2007 2006, between Borrower and that certain Second Loan Modification Agreement dated as of July 30, 2008 Bank (the "First Modification") (as amended, the “"Loan Agreement”"). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.
Appears in 1 contract
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 29December 7, 20072006, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29December 7, 20072006, between Borrower and Bank, as amended by that certain a First Loan Modification Agreement dated as of November 30February 25, 2007 2009 and that certain a Second Loan Modification Agreement dated as of July 30March 27, 2008 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: Third Loan Modification Agreement (LTX-Credence 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 January 29February 5, 20072010, evidenced by, among other documents, a certain Amended and Restated Loan and Security Agreement dated as of January 29February 5, 20072010, between Borrower and Bank, as amended by that a certain Consent and First Loan Modification Agreement dated as of November 30January 18, 2007 2011, between Borrower and that certain Second Loan Modification Agreement dated as of July 30, 2008 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: Second Loan Modification Agreement (Network Engines Inc)
DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of January 29September 26, 20072002, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of January 29September 26, 20072002, between Borrower and Bank, Bank (as amended by that from time to time, the "Loan Agreement"), and (ii) a certain First Loan Modification Negative Pledge Agreement dated as of November 30September 26, 2007 and that certain Second Loan Modification Agreement dated as of July 30, 2008 2002 (as amended, the “Loan "Negative Pledge Agreement”"). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.
Appears in 1 contract