AMENDMENT TO ACCOUNTS RECEIVABLE FINANCING AGREEMENT
AMENDMENT TO ACCOUNTS
RECEIVABLE FINANCING AGREEMENT
This AMENDMENT, dated as of November
24, 2008, is by and between DESKTOP ACQUISITION SUB, INC. D/B/A INTERCLICK, INC.
(“Client”) and CRESTMARK COMMERCIAL CAPITAL LENDING LLC
(“Crestmark”).
RECITALS
A. Client
and Crestmark (the “Parties”) are parties to a certain Accounts Receivable
Financing Agreement, dated as of November 12, 2008 (the
“Agreement”).
B. The
Parties have agreed to amend the Agreement pursuant to the terms
hereof.
NOW, THEREFORE, in consideration of the
premises, and intending to be legally bound hereby, the parties hereby agree as
follows:
AGREEMENT
1. Amendment of
Agreement. Section 1.18.2 is hereby deleted in its entirety
and replaced with the following:
1.18.2 or
any portion thereof, for which payment has not been received by Crestmark, for
any reason, within one-hundred five (105) days of the date of
invoice;
2. Effect of this
Agreement. Except as modified pursuant hereto, the Agreement
is specifically ratified, restated and confirmed by all parties thereto as of
the date hereof. To the extent of any conflict between the terms of
this Amendment and the Agreement, the terms of this Amendment shall
control.
3. Counterparts. This
Amendment may be executed in any number of counterparts, all of which taken
together shall constitute one agreement, provided that, this
Amendment shall not become effective until all counterparts hereof have been
executed by all parties hereto.
The parties hereto have caused this
Amendment to be duly executed and delivered by their respective officers
thereunto duly authorized as of the date first above written.
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DESKTOP
ACQUISITION SUB, INC.
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D/B/A
INTERCLICK, INC.
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BY:
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/s/ Xxxxxxx Xxxxxxx
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XXXXXXX
XXXXXXX, CEO
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CRESTMARK
COMMERCIAL CAPITAL LENDING LLC
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BY:
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/s/ Xxxxxxx X. Xxxxx
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XXXXXXX
X. XXXXX, President
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