EXHIBIT 10.2
SILICON VALLEY BANK
AMENDMENT TO LOAN DOCUMENTS
(EXIM PROGRAM)
BORROWER: ONYX SOFTWARE CORPORATION
DATE: MARCH 30, 2005
THIS AMENDMENT TO LOAN DOCUMENTS (EXIM PROGRAM) is entered into between
Silicon Valley Bank ("Silicon") and the borrower named above ("Borrower").
The Parties agree to amend the Loan and Security Agreement (Exim Program)
between them, dated May 5, 2003 (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 CREDIT LIMIT. The following paragraph is hereby added at the
end of Section 1 of the Schedule to Loan and Security Agreement (Exim Program)
and shall read as follows:
Notwithstanding the foregoing, the total outstanding Obligations
under this Agreement and the Revolving Loans under the Non-Exim
Agreement (as defined below) shall not at any time exceed $8,000,000
(inclusive of any issued Letters of Credit).
2. MODIFIED COLLATERAL MONITORING FEE. The Collateral Monitoring Fee set
forth in Section 3 of the Schedule to Loan and Security Agreement (Exim Program)
is hereby amended to read as follows:
Collateral Monitoring
Fee: $1,000 per month, payable in arrears (prorated
for any partial month at the beginning and at
termination of this Agreement); provided,
however such fee will be $0.00 while that
certain Streamline Facility Agreement dated
March 30, 2005 is in effect.
3. MODIFIED MATURITY DATE. The Maturity Date set forth in Section 4 of the
Schedule to Loan and Security Agreement (Exim Program) is hereby amended to read
as follows:
4. MATURITY DATE
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SILICON VALLEY BANK AMENDMENT TO LOAN AGREEMENT (EXIM)
(Section 6.1): MARCH 29, 2006.
4. FEE. In consideration for Silicon entering into this Amendment,
Borrower shall concurrently pay Silicon a fee in the amount of $30,000, 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.
5. 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.
6. 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:
ONYX SOFTWARE CORPORATION SILICON VALLEY BANK
BY /s/ XXXXX X. XXXX BY /s/ XXXXX XXXXXXXX
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TREASURER TITLE RELATIONSHIP MGR
BY /s/ XXXX XXXXXX
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SECRETARY OR ASS'T SECRETARY
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