Exhibit 10.41
Fleet Bank
June 20, 1997
Xx. Xxxx X. XxxXxxx
Director of Finance & Treasury
Peritus Software Services, Inc.
000 Xxxxxxx Xxxx
Xxxxxxxxx, XX 00000
BY TELECOPIER
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Dear Xxxx:
Reference is hereby made to the Letter Agreement (the "Agreement") dated
September 6, 1996, and amended as of March 30, 1997, by and between Peritus
Software Services, Inc. ("Peritus" or the "Company") and Fleet National Bank
(the "Bank"). We are pleased to inform you that we have approved an extension
of the Expiration Date from June 30, 1997 to June 30, 1998. In addition, upon
completion of an Initial Public Offering generating gross proceeds of at least
$15,000,000, the quarterly facility fee shall drop from $4,375 to $3,125.
Nothing herein shall be deemed to constitute a waiver, release or amendment of
any other terms of the agreement.
The Borrower represents and warrants that the execution of this amendment has
been duly authorized by the Borrower by all necessary corporate and other action
and that the execution will not conflict with, violate the provisions of, or
cause a default or constitute an event which, with the passage of time or giving
of notice or both, could cause a default on the part of the Borrower under its
charter documents or by-laws or under any contract, agreement, law, rule, order,
ordinance, franchise, instrument or other document, or result in the imposition
of any lien or encumbrance on any property or asset of the Borrower.
The Borrower further represents that this agreement and the attached Allonge to
Promissory Note each represent legal, valid and binding obligations of the
Borrower, enforceable against the Borrower in accordance with their respective
terms. In addition, the statements, representations and warranties made in the
Agreement continue to be correct as of the date hereof and the Borrower is in
compliance with all terms of the Agreement. Except as expressly affected
hereby, the Agreement remains in full force and effect as heretofore.
Xxxx, we are pleased to extend the Agreement and look forward to continuing our
relationship with Peritus. Please sign below and execute the attached Allonge
to evidence your acceptance of this amendment.
Sincerely,
/s/ Xxxxxx X. Xxxxxx
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Xxxxxx X. Xxxxxx
Senior Vice President
High Technology Group
Agreed and Accepted /s/ Xxxx X. XxxXxxx Date: 6/26/97
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by: Xxxx X. XxxXxxx
title: Director of Finance and Treasurer
