Exhibit 4(b)
Silicon Valley Bank
AMENDMENT TO QUICKSTART LOAN AND SECURITY AGREEMENT
Borrower: Sandbox Entertainment Address: 0000 Xxxx Xxxxxxxxx, Xxxxx 000
Xxxxxxxxxxx Xxxxxxx, XX 00000
Date: September 15, 1997
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THIS AMENDMENT TO QUICKSTART LOAN AND SECURITY AGREEMENT IS ENTERED INTO ON THE
ABOVE DATE BETWEEN SILICON VALLEY BANK ("SILICON"), WHOSE ADDRESS IS 0000 XXXXXX
XXXXX, XXXXX XXXXX, XXXXXXXXXX 00000 AND THE BORROWER NAMED ABOVE (JOINTLY AND
SEVERALLY, THE "BORROWER"), WHOSE CHIEF EXECUTIVE OFFICE IS LOCATED AT THE ABOVE
ADDRESS ("BORROWER'S ADDRESS").
The parties hereto agree to amend the QuickStart Loan and
Security Agreement between them dated September 5, 1996 (the "Loan Agreement"),
effective as of the date hereof, as follows: Capitalized terms used but not
defined herein shall have the same meanings set forth in the Loan Agreement.
1. Amended Schedule.The Schedule to the Loan and Security
Agreement is amended effective on the date hereof, to read as set forth in the
Amended Schedule to QuickStart Loan and Security Agreement attached hereto.
2. Facility Fee. Borrower shall pay to Silicon a fee in the
amount of $0.0.
3. Representations True. Borrower 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, and
any prior written amendments to the Loan Agreement signed by Silicon and the
Borrower, and other written documents 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
matter hereof. Except as expressly amended, all of the terms and provisions of
the Loan Agreement, and all other documents and agreement between Silicon and
Borrower shall remain in full force and effect and the same are hereby ratified
and confirmed.
Borrower:
SANDBOX ENTERTAINMENT CORPORATION
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By /s/ Xxxx Xxxxxxxx .
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President or Vice President
Xxxx Xxxxxxxx, Chief Financial Officer
Silicon:
SILICON VALLEY BANK
By /s/ Xxxxx Xxxxxx .
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Title Vice President .
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Silicon Valley Bank
Amended Schedule to
QuickStart Loan and Security Agreement (Master)
BORROWER: Sandbox Entertainment Corporation
Date: September 15, 1997
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This Amended and Restated Schedule is an integral part of the
QuickStart Loan and Security Agreement between Silicon Valley Bank ("Silicon")
and the above-named borrower ("Borrower") dated as of September 5, 1996, as may
be further amended from time to time.
Credit Limit (Aggregate)
(Section 1): $500,000.00 (includes, without limitations,
Equipment Advances, if any, and the Merchant
Services Business Credit Card Reserve)
Interest Rate (Section 1): A rate equal to the "Prime Rate" in effect
from time to time, plus 1.5% per annum.
Interest shall be calculated on the basis of
a 360-day year for the actual number of days
elapsed. "Prime Rate" means the rate
announced from time to time by Silicon as
its "prime rate;" it is a base rate upon
which other rates charged by Silicon are
based, and it is not necessarily the best
rate available at Silicon. The interest rate
applicable to the Obligations shall change
on each date there is a change in the Prime
Rate. Maturity Date (Section 4): March 5,
1998
Other Locations and Addresses
(Section 3.2) 0000 X. Xxxxxxxxx Xxxx
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Other Agreements: Borrower also agrees as follows:
1. Loan Fee. Borrower shall concurrently pay
Silicon a non-refundable Loan fee in the
amount of $0.0
2. Banking Relationship. Borrower shall at
all times maintain its primary banking
relationship with Silicon.
Borrower: Silicon:
SANDBOX ENTERTAINMENT CORP. SILICON VALLEY BANK
By /s/ Xxxx Xxxxxxxx By /s/ Xxxxx Xxxxxx
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Xxxx Xxxxxxxx, Chief Financial Officer Title Vice President
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