CREDIT AGREEMENT Dated as of March 22, 2019 among MONOTYPE IMAGING INC., as the Borrower, MONOTYPE IMAGING HOLDINGS INC., as a Guarantor, BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and an L/C Issuer, the other Lenders party...Credit Agreement • March 26th, 2019 • Monotype Imaging Holdings Inc. • Services-computer programming services • New York
This CREDIT AGREEMENT (this “Agreement”) is entered into as of March 22, 2019 among MONOTYPE IMAGING INC., a Delaware corporation (the “Borrower”), the Guarantors listed on Schedule 6.12 hereto, each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and an L/C Issuer.
AGREEMENT AND PLAN OF MERGER by and among MARVEL PARENT, LLC, MARVEL MERGER SUB, INC. and MONOTYPE IMAGING HOLDINGS INC. Dated as of July 25, 2019Agreement and Plan of Merger • July 26th, 2019 • Monotype Imaging Holdings Inc. • Services-computer programming services • New York
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of July 25, 2019, by and among Marvel Parent, LLC, a Delaware limited liability company (“Parent”), Marvel Merger Sub, Inc., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and Monotype Imaging Holdings Inc., a Delaware corporation (the “Company”). Each of Parent, Merger Sub and the Company are sometimes referred to as a “Party.” All capitalized terms that are used in this Agreement have the respective meanings given to them in Article I.
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • September 8th, 2015 • Monotype Imaging Holdings Inc. • Services-computer programming services • Massachusetts
This EXECUTIVE EMPLOYMENT AGREEMENT (the “Agreement”) is entered into as of this 8th day of September, 2015 (the “Effective Date”), by and between Joseph D. Hill (the “Executive”) and Monotype Imaging Inc., a Delaware corporation (the “Company”).
CREDIT AGREEMENT by and among MONOTYPE IMAGING HOLDINGS INC. as Parent, MONOTYPE IMAGING INC. as Borrower, THE LENDERS THAT ARE SIGNATORIES HERETO as the Lenders, and WELLS FARGO CAPITAL FINANCE, LLC as the Agent Dated as of July 13, 2011Credit Agreement • July 19th, 2011 • Monotype Imaging Holdings Inc. • Services-computer programming services • New York
determined on a consolidated basis in accordance with GAAP; provided, however that for purposes of calculating Adjusted EBITDA, transaction costs in connection with a Permitted Acquisition shall be determined without giving effect to the Financial Accounting Standards Board’s Statement No. 141R.
SECURITY AGREEMENTSecurity Agreement • February 8th, 2007 • Monotype Imaging Holdings Inc. • Services-computer programming services • New York
This SECURITY AGREEMENT (this “Agreement”) is made this 5th day of November, 2004, among Grantors listed on the signature pages hereof and those additional entities that hereafter become parties hereto by executing the form of Supplement attached hereto as Annex 1 (collectively, jointly and severally, “Grantors” and each individually “Grantor”), and WELLS FARGO FOOTHILL, INC., in its capacity as administrative agent for the Lender Group and the Bank Product Providers (together with its successors and assigns in such capacity, “Agent”).
150,000,000 SENIOR SECURED CREDIT FACILITIES CREDIT AGREEMENT dated as of September 15, 2015, among MONOTYPE IMAGING HOLDINGS INC., as a Guarantor, MONOTYPE IMAGING INC., as the Borrower, THE SEVERAL LENDERS FROM TIME TO TIME PARTIES HERETO, SILICON...Credit Agreement • September 18th, 2015 • Monotype Imaging Holdings Inc. • Services-computer programming services • New York
THIS CREDIT AGREEMENT (this “Agreement”), dated as of September 15, 2015, is entered into by and among (a) MONOTYPE IMAGING HOLDINGS INC., a Delaware corporation (“Holdings”), (b) MONOTYPE IMAGING INC., a Delaware corporation (the “Borrower”), (c) the several banks and other financial institutions or entities from time to time parties to this Agreement (each a “Lender” and, collectively, the “Lenders”), (d) SILICON VALLEY BANK, as the Issuing Lender and the Swingline Lender, (e) SILICON VALLEY BANK (“SVB”), as administrative agent and collateral agent for the Lenders (in such capacity, the “Administrative Agent”), (f) SVB and JPMORGAN CHASE BANK, N.A. (“JPMorgan”), as syndication agents for the Lenders (in such capacities, the “Syndication Agents”), (g) BANK OF AMERICA, N.A. (“BAML”) and SUNTRUST BANK (“SunTrust”), as documentation agents for the Lenders (in such capacities, collectively, the “Documentation Agents”), (h) SVB, BAML, JPMorgan and SUNTRUST ROBINSON HUMPHREY, INC., as join
Monotype Imaging Holdings Inc. Common Stock UNDERWRITING AGREEMENT dated [ ] Banc of America Securities LLC Jefferies & Company, Inc. William Blair & Company, LLC Needham & Company, LLC Canaccord Adams Inc.Underwriting Agreement • July 10th, 2007 • Monotype Imaging Holdings Inc. • Services-computer programming services • New York
AMENDED AND RESTATED EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • January 3rd, 2017 • Monotype Imaging Holdings Inc. • Services-computer programming services • Massachusetts
This AMENDED AND RESTATED EXECUTIVE EMPLOYMENT AGREEMENT (the “Agreement”) is entered into as of this 1st day of January, 2017 (the “Effective Date”), by and between Steven R. Martin (the “Executive”) and Monotype Imaging Inc., a Delaware corporation (the “Company”).
MONOTYPE IMAGING HOLDING INC. [•] Shares of Common Stock Underwriting AgreementUnderwriting Agreement • May 23rd, 2008 • Monotype Imaging Holdings Inc. • Services-computer programming services • New York
LEASE WESTVIEW PROPERTIES, LLC (as Landlord) and MONOTYPE IMAGING INC. (as Tenant)Lease • March 1st, 2012 • Monotype Imaging Holdings Inc. • Services-computer programming services • Colorado
THIS LEASE is made this 19th day of May, 2011, by and between WESTVIEW PROPERTIES, LLC, a Colorado limited liability company (“Landlord”) and MONOTYPE IMAGING INC., a Delaware corporation (“Tenant”).
AMENDED AND RESTATED CREDIT AGREEMENT by and among MONOTYPE IMAGING HOLDINGS INC., as Parent, IMAGING HOLDINGS CORP., MONOTYPE IMAGING INC., and INTERNATIONAL TYPEFACE CORPORATION, as Borrowers, THE LENDERS THAT ARE SIGNATORIES HERETO, as the Lenders,...Credit Agreement • September 7th, 2007 • Monotype Imaging Holdings Inc. • Services-computer programming services • New York
THIS AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”), is entered into as of July 30, 2007, by and among the lenders identified on the signature pages hereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), and WELLS FARGO FOOTHILL, INC., a California corporation, as the arranger and administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, “Agent”), MONOTYPE IMAGING HOLDINGS INC., a Delaware corporation (“Parent”), IMAGING HOLDINGS CORP., a Delaware corporation (“Imaging Holdings”), MONOTYPE IMAGING INC., a Delaware corporation (“Monotype Imaging”), and INTERNATIONAL TYPEFACE CORPORATION, a New York corporation (“Typeface”).
RESTRICTED STOCK UNIT AWARD AGREEMENT UNDER THE MONOTYPE IMAGING HOLDINGS INC. THIRD AMENDED AND RESTATED 2007 STOCK OPTION AND INCENTIVE PLANRestricted Stock Unit Award Agreement • July 31st, 2017 • Monotype Imaging Holdings Inc. • Services-computer programming services
Pursuant to the Monotype Imaging Holdings Inc. Third Amended and Restated 2007 Stock Option and Incentive Plan (the “Plan”) as amended through the date hereof, Monotype Imaging Holdings Inc. (the “Company”) hereby grants a Restricted Stock Unit Award (an “Award”) to the Grantee named above. Upon acceptance of this Award, the Grantee shall receive the number of Restricted Stock Units listed above, subject to the restrictions and conditions set forth herein and in the Plan. Each Restricted Stock Unit shall relate to one share of Common Stock, par value $0.001 per share (the “Stock”) of the Company. The Company acknowledges the receipt from the Grantee of consideration equal to the par value of the Shares underlying the Award in the form of cash, past or future services rendered to the Company by the Grantee or such other form of consideration as is acceptable to the Company.
INTERCOMPANY SUBORDINATION AGREEMENTIntercompany Subordination Agreement • April 13th, 2007 • Monotype Imaging Holdings Inc. • Services-computer programming services • New York
THIS INTERCOMPANY SUBORDINATION AGREEMENT, made and entered into as of November 5, 2004 (this “Subordination Agreement”), by and among, Imaging Acquisition Corporation, a Delaware corporation (“Newco”), Agfa Monotype Corporation, a Delaware corporation (“Monotype”), International Typeface Corporation, a New York corporation (“Typeface”, and together with Newco and Monotype, the “Borrowers”), Monotype Imaging Holdings Corp., a Delaware corporation (“Parent”, and together with the Borrowers, each a “Subordinating Creditor,” and collectively, the “Subordinating Creditors”), and D.B. Zwirn Special Opportunities Fund, L.P., a Delaware limited partnership, as the arranger and administrative agent (together with any successor(s) thereto in such capacity, the “Agent”) under the Credit Agreement referenced below. Unless otherwise defined herein, all capitalized terms used herein shall have the respective meanings assigned to such terms in the Credit Agreement, dated as of November 5, 2004 (as a
GENERAL CONTINUING GUARANTYGeneral Continuing Guaranty • February 8th, 2007 • Monotype Imaging Holdings Inc. • Services-computer programming services • New York
This GENERAL CONTINUING GUARANTY (this “Guaranty”), dated as of November 5, 2004, is executed and delivered by the Persons listed on the signature page(s) hereof under the caption “Guarantor” and any additional entities acceding hereto (collectively, jointly and severally, the “Guarantors” and each a “Guarantor”), in favor of WELLS FARGO FOOTHILL, INC., a California corporation, as arranger and administrative agent for the below defined Lenders (in such capacity, together with its successors and assigns, if any, “Agent”), in light of the following:
RESTRICTED STOCK AWARD AGREEMENT UNDER THE MONOTYPE IMAGING HOLDINGS INC.Restricted Stock Award Agreement • March 1st, 2013 • Monotype Imaging Holdings Inc. • Services-computer programming services
Pursuant to the Monotype Imaging Holdings Inc. 2010 Inducement Stock Plan (the “Plan”) as amended through the date hereof, Monotype Imaging Holdings Inc. (the “Company”) hereby grants a Restricted Stock Award (an “Award”) to the Grantee named above. Upon acceptance of this Award, the Grantee shall receive the number of shares of Common Stock, par value $0.001 per share (the “Stock”) of the Company specified above, subject to the restrictions and conditions set forth herein and in the Plan. This Award is intended to be an award of Stock described in Rule 5635(c)(4) of the Marketplace Rules of the NASDAQ Stock Market, Inc. and is being made to the Grantee as an inducement material to the Grantee’s entering into employment with the Company.
NON-QUALIFIED STOCK OPTION AGREEMENT UNDER THE MONOTYPE IMAGING HOLDINGS INC.Non-Qualified Stock Option Agreement • March 1st, 2013 • Monotype Imaging Holdings Inc. • Services-computer programming services
Pursuant to the Monotype Imaging Holdings Inc. 2010 Inducement Stock Plan, as amended through the date hereof (the “Plan”), Monotype Imaging Holdings Inc. (the “Company”) hereby grants to the Optionee named above an option (the “Stock Option”) to purchase on or prior to the Expiration Date specified above all or part of the number of shares of Common Stock, par value $0.001 per share (the “Stock”) of the Company specified above at the Option Exercise Price per Share specified above subject to the terms and conditions set forth herein and in the Plan. This Stock Option is not intended to be an “incentive stock option” under Section 422 of the Internal Revenue Code of 1986, as amended. This Award is intended to be an award of Stock described in Rule 5635(c)(4) of the Marketplace Rules of the NASDAQ Stock Market, Inc. and is being made to the Optionee as an inducement material to the Optionee’s entering into employment with the Company.
STOCK PURCHASE AGREEMENT dated as of November 5, 2004 among AGFA CORPORATION, AGFA MONOTYPE CORPORATION, AND IMAGING ACQUISITION CORPORATIONStock Purchase Agreement • February 8th, 2007 • Monotype Imaging Holdings Inc. • Services-computer programming services • Massachusetts
AGREEMENT dated as of November 5, 2004 among Agfa Corporation, a Delaware corporation (“Seller”), Agfa Monotype Corporation, a Delaware Corporation (the “Company”) and Imaging Acquisition Corporation, a Delaware Corporation (“Buyer”).
INCENTIVE STOCK OPTION AGREEMENT UNDER THE MONOTYPE IMAGING HOLDINGS INC. THIRD AMENDED AND RESTATED 2007 STOCK OPTION AND INCENTIVE PLANIncentive Stock Option Agreement • July 31st, 2017 • Monotype Imaging Holdings Inc. • Services-computer programming services
Pursuant to the Monotype Imaging Holdings Inc. Third Amended and Restated 2007 Stock Option and Incentive Plan, as amended through the date hereof (the “Plan”), Monotype Imaging Holdings Inc. (the “Company”) hereby grants to the Optionee named above an option (the “Stock Option”) to purchase on or prior to the Expiration Date specified above all or part of the number of shares of Common Stock, par value $0.001 per share (the “Stock”), of the Company specified above at the Option Exercise Price per Share specified above subject to the terms and conditions set forth herein and in the Plan.
VOTING AGREEMENTVoting Agreement • November 10th, 2011 • Monotype Imaging Holdings Inc. • Services-computer programming services • Delaware
THIS VOTING AGREEMENT (“Agreement”), dated as of November 10, 2011, is made by and between Monotype Imaging Holdings Inc., a Delaware corporation (“Parent”), and the undersigned holder (the “Stockholder”) of shares of Class A common stock, par value $0.01 per share (together with the shares of Class B common stock, par value $0.01 per share, the “Common Stock”), of Bitstream Inc., a Delaware corporation (the “Company”).
LEASE AGREEMENTLease Agreement • October 31st, 2016 • Monotype Imaging Holdings Inc. • Services-computer programming services
Pawan Impex Private Limited, a Company duly incorporated and registered under the Companies Act 1956 having its Registered Office at D-3, District Centre, Saket, New Delhi – 110 017 through its authorized signatory Mr. Suhrid Roy (Voter ID no NEC2130060), son of Shri Ras Bihari Roy, R/o 168-B, Pocket A-3 (LIG), Mayur Vihar phase III, Delhi - 110096 (duly authorized vide board resolution dated 27th September 2016) (hereinafter referred to as the “Lessor”, which expression shall unless repugnant to the context and meaning thereof be deemed to mean and include its successors and permitted assigns) of the One Part;
NON-QUALIFIED STOCK OPTION AGREEMENT UNDER THE MONOTYPE IMAGING HOLDINGS INC. THIRD AMENDED AND RESTATED 2007 STOCK OPTION AND INCENTIVE PLANNon-Qualified Stock Option Agreement • July 31st, 2017 • Monotype Imaging Holdings Inc. • Services-computer programming services
Pursuant to the Monotype Imaging Holdings Inc. Third Amended and Restated 2007 Stock Option and Incentive Plan, as amended through the date hereof (the “Plan”), Monotype Imaging Holdings Inc. (the “Company”) hereby grants to the Optionee named above an option (the “Stock Option”) to purchase on or prior to the Expiration Date specified above all or part of the number of shares of Common Stock, par value $0.001 per share (the “Stock”) of the Company specified above at the Option Exercise Price per Share specified above subject to the terms and conditions set forth herein and in the Plan. This Stock Option is not intended to be an “incentive stock option” under Section 422 of the Internal Revenue Code of 1986, as amended.
LEASE AGREEMENT (ALL NET) FOR PREMISES LOCATED AT 6610 Gunpark Drive, Suite 103 Boulder, Colorado 80301 BETWEEN Monotype Imaging Inc. AS TENANT AND A Colorado Limited Liability Company AS LANDLORDLease Agreement • March 27th, 2008 • Monotype Imaging Holdings Inc. • Services-computer programming services • Colorado
THIS LEASE, made and entered into this 18th day of February, 2008, by and between 6610, LLC, hereinafter referred to as “Landlord” and Monotype Imaging Inc., hereinafter referred to as “Tenant.”
COPYRIGHT SECURITY AGREEMENTCopyright Security Agreement • April 13th, 2007 • Monotype Imaging Holdings Inc. • Services-computer programming services
This COPYRIGHT SECURITY AGREEMENT (this “Copyright Security Agreement”) is made this 5th day of November, 2004, among Grantors listed on the signature pages hereof (collectively, jointly and severally, “Grantors” and each individually “Grantor”), and D.B. ZWIRN SPECIAL OPPORTUNITIES FUND, L.P., in its capacity as Agent for the Lender Group (together with its successors and assigns in such capacity, the “Agent”).
OFFICE LEASEOffice Lease • January 26th, 2007 • Monotype Imaging Holdings Inc. • Illinois
THIS OFFICE LEASE is made and entered into in Mount Prospect, Illinois as of the 24 day of May , 2006, by and between Lake Center Plaza Partners, LLC whose principal place of business is located at 1699 Wall Street , Suite 123, Mount Prospect, Illinois 60056 (the Landlord), and, Monotype Imaging Inc., 500 Unicorn Park Drive, Woburn, MA. 01801 (the Tenant);
PATENT SECURITY AGREEMENTPatent Security Agreement • April 13th, 2007 • Monotype Imaging Holdings Inc. • Services-computer programming services
This PATENT SECURITY AGREEMENT (this “Patent Security Agreement”) is made this 28th day of December, 2006, among Grantors listed on the signature pages hereof (collectively, jointly and severally, “Grantors” and each individually, a “Grantor”) and D.B. ZWIRN SPECIAL OPPORTUNITIES FUND, L.P., as Agent, in its capacity as administrative agent for the Lender Group (together with its successors and assigns, in such capacity, the “Agent”).
Incentive Stock Option Agreement under the Monotype Holdings Inc.Incentive Stock Option Agreement • January 26th, 2007 • Monotype Imaging Holdings Inc. • Delaware
Pursuant to the Monotype Holdings Inc. 2004 Stock Option and Grant Plan (the “Plan”), Monotype Holdings Inc., a Delaware corporation (together with its successors, the “Company”), hereby grants to the individual named above, who is an employee of the Company or any of the Subsidiaries, an option (the “Stock Option”) to purchase on or prior to the Expiration Date, or such earlier date as is specified herein, all or any part of the number of shares of Common Stock, par value $0.01 per share (“Common Stock”), of the Company indicated above (the “Option Shares,” and such shares once issued shall be referred to as the “Issued Shares”), at the Option Exercise Price per share, subject to the terms and conditions set forth in this Incentive Stock Option Agreement (this “Agreement”) and in the Plan. This Stock Option is intended to qualify as an “incentive stock option” as defined in Section 422(b) of the Internal Revenue Code of 1986, as amended from time to time (the “Code”). To the extent th
SECOND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • November 3rd, 2009 • Monotype Imaging Holdings Inc. • Services-computer programming services • New York
THIS SECOND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Second Amendment”) is made and entered into as of October 30, 2009, by and among Monotype Imaging Inc., a Delaware corporation (“Administrative Borrower”), the lenders listed on the signatory pages hereof (the “Lenders”), and Wells Fargo Foothill, Inc., a California corporation, in its capacity as administrative agent (“Agent”).
AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • January 26th, 2007 • Monotype Imaging Holdings Inc. • Delaware
This AGREEMENT AND PLAN OF MERGER (the “Agreement”) is dated as of August 24, 2005, by and among Monotype Holdings Inc., a Delaware corporation (“Parent”), MIHC Merger Sub Inc., a Delaware corporation and wholly-owned subsidiary of Parent (“Merger Sub”), and Monotype Imaging Holdings Corp., a Delaware corporation (“MIHC”).
RESTRICTED STOCK AWARD AGREEMENT UNDER THE MONOTYPE IMAGING HOLDINGS INC.Restricted Stock Award Agreement • April 13th, 2007 • Monotype Imaging Holdings Inc. • Services-computer programming services
Pursuant to the Monotype Imaging Holdings Inc. 2007 Stock Option and Incentive Plan (the “Plan”) as amended through the date hereof, Monotype Imaging Holdings Inc. (the “Company”) hereby grants a Restricted Stock Award (an “Award”) to the Grantee named above. Upon acceptance of this Award, the Grantee shall receive the number of shares of Common Stock, par value $.01 per share (the “Stock”) of the Company specified above, subject to the restrictions and conditions set forth herein and in the Plan.
NON-QUALIFIED STOCK OPTION AGREEMENT FOR COMPANY EMPLOYEES UNDER THE MONOTYPE IMAGING HOLDINGS INC.Non-Qualified Stock Option Agreement • April 13th, 2007 • Monotype Imaging Holdings Inc. • Services-computer programming services
Pursuant to the Monotype Imaging Holdings Inc. 2007 Stock Option and Incentive Plan, as amended through the date hereof (the “Plan”), Monotype Imaging Holdings Inc. (the “Company”) hereby grants to the Optionee named above an option (the “Stock Option”) to purchase on or prior to the Expiration Date specified above all or part of the number of shares of Common Stock, par value $.01 per share (the “Stock”) of the Company specified above at the Option Exercise Price per Share specified above subject to the terms and conditions set forth herein and in the Plan. This Stock Option is not intended to be an “incentive stock option” under Section 422 of the Internal Revenue Code of 1986, as amended.
BUILDING LEASE AGREEMENT November 14, 2007 Lessor: Sachiko Kasai Lessee: Monotype Imaging K.K.Building Lease Agreement • March 27th, 2008 • Monotype Imaging Holdings Inc. • Services-computer programming services
Lessor Sachiko Kasai (hereinafter referred to as “Lessor”) and Lessee Monotype Imaging K.K. (hereinafter referred to as “Lessee”) hereby enter into the lease agreement (hereinafter referred to as “the Agreement ”) in the terms and conditions set forth in the Essential Contract Elements and the following provisions upon Lessor’s lease of the lease property described in Contract Element (1). IN WITNESS WHEREOF, the Agreement shall be executed in duplicate for Lessor and Lessee to place their names and seals on both copies and to each keep one copy.
OFFICE LEASEOffice Lease • February 8th, 2007 • Monotype Imaging Holdings Inc. • Services-computer programming services • California
THIS LEASE IS MADE AND ENTERED INTO THIS 17TH DAY OF DECEMBER 2006 BY AND BETWEEN SHEILA L. ORTLOFF (HEREINAFTER CALLED “LESSOR”), AND MONOTYPE IMAGING, INC, A DELAWARE CORPORATION (HEREINAFTER CALLED “LESSEE”).
JOINDER TO SECURITY AGREEMENT, GUARANTY AND INTERCOMPANY SUBORDINATION AGREEMENTSecurity Agreement, Guaranty and Intercompany • March 27th, 2008 • Monotype Imaging Holdings Inc. • Services-computer programming services • New York
JOINDER TO SECURITY AGREEMENT, GUARANTY AND INTERCOMPANY SUBORDINATION AGREEMENT, dated as of July 30, 2007 (this “Joinder Agreement”), by and among Monotype Imaging Holdings Inc., a corporation organized under the laws of Delaware (“New Loan Party”), Imaging Holdings Corp., a Delaware corporation (“Imaging Holdings”), Monotype Imaging Inc., a Delaware corporation (“Administrative Borrower”), International Typeface Corporation, a New York corporation (“Typeface” and together with Imaging Holdings and Administrative Borrower, the “Borrowers”), Linotype Corp., a Delaware corporation (“Linotype”), and Wells Fargo Foothill, Inc., a California corporation, as the arranger and administrative agent (together with any successor(s) thereto in such capacity, “Agent”).
SECOND AMENDMENT TO, AND CONSENT UNDER, INTERCREDITOR AGREEMENTUnder, Intercreditor Agreement • April 13th, 2007 • Monotype Imaging Holdings Inc. • Services-computer programming services • New York
THIS SECOND AMENDMENT TO, AND CONSENT UNDER, INTERCREDITOR AGREEMENT (this “Second Amendment”) is made and entered into as of August 1, 2006, by and among WELLS FARGO FOOTHILL, INC., California corporation, as agent under and pursuant to the Senior Credit Agreement (as hereinafter defined) (in such capacity, together with its successors and assigns, the “Senior Agent”), and D.B. ZWIRN SPECIAL OPPORTUNITIES FUND, L.P., a Delaware limited partnership, as agent under and pursuant to the Junior Credit Agreement (as hereinafter defined) (in such capacity, together with its successors and assigns, the “Junior Agent”).
SECOND AMENDMENT TO, AND CONSENT AND WAIVER UNDER, CREDIT AGREEMENT AND SECURITY AGREEMENTConsent And • February 8th, 2007 • Monotype Imaging Holdings Inc. • Services-computer programming services • New York
THIS SECOND AMENDMENT TO, AND CONSENT AND WAIVER UNDER, CREDIT AGREEMENT AND SECURITY AGREEMENT (this “Second Amendment”) is made and entered into as of July 28, 2006, by and among Monotype Imaging Holdings Corp., a Delaware corporation (“Parent”), Monotype Imaging, Inc., a Delaware corporation (“Administrative Borrower”), International Typeface Corporation, a New York corporation (“Typeface” and together with Administrative Borrower, the “Borrowers”), the lenders listed on the signatory pages hereof (the “Lenders”), and Wells Fargo Foothill, Inc., a California corporation, in its capacity as administrative agent (“Agent”).
