Amendment to Loan Documents
Exhibit
10.9
Silicon
Valley Bank
Amendment
to Loan Documents
| Borrower: | Xxxxxxxxxx |
| Date: | February 28, 2007 |
THIS
AMENDMENT TO LOAN DOCUMENTS is
entered into between Silicon Valley Bank (“Silicon”) and the borrower named
above (“Borrower”).
The
Parties agree to amend the Loan and Security Agreement between them, dated
August 23, 2004 (as otherwise amended, if at all, the “Loan Agreement”), as
follows, effective as of the date hereof. (Capitalized terms used but not
defined in this Amendment shall have the meanings set forth in the Loan
Agreement.)
1. Modified
Maturity Date.
The
definition of “Maturity Date” set forth in Section 13 or the Loan Agreement
is hereby amended to read as follows:
“Maturity
Date” is
May
18, 2007.
2. Fee.
In
consideration for Silicon entering into this Amendment and the Amendment to
Loan
Documents (Exim Program) of even date herewith, Borrower shall concurrently
pay
Silicon a fee in the amount of $11,250 (of which $3,125 shall be applied with
respect to the Amendment to Loan Documents (Exim Program)), which shall be
non-refundable and in addition to all interest and other fees payable to Silicon
under the Loan Documents. Silicon is authorized to charge said fee to Borrower’s
loan account.
3. Representations
True.
Burrower represents and warrants to Silicon that all representations and
warranties set forth in the Loan Agreement, as amended hereby, are true and
correct.
4. General
Provisions.
This
Amendment, the Loan Agreement, any prior written amendments to the Loan
Agreement signed by Silicon and Borrower, and the other written documents and
agreements between Silicon and Borrower set forth in full all of the
representations and agreements of the parties with respect to the subject matter
hereof and supersede all prior discussions, representations, agreements and
understandings between the parties with respect to the subject hereof. Except
as
herein expressly amended, all of the terms and provisions of the Loan Agreement
and all other documents and agreements between Silicon and Borrower shall
continue in full force and effect and the same are hereby ratified and
confirmed.
| Borrower: | Silicon |
| XXXXXXXXXX | Silicon Valley Bank |
| By ________________________________ | By ________________________________ |
|
President
or Vice President
|
Title _______________________________ |
| By /s/ Xxxxxxx Xxxxxxxxx | |
|
Secretary
or Ass’t Secretary
|
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