Amendment to Purchase and Sale Agreement/Security Agreement
Exhibit 10.41
Amendment to Purchase and Sale Agreement/Security Agreement
The Purchase and Sale Agreement/Security Agreement by and between Amegy Bank National
Association and XXXXXXXX.XXX, INC. also dba VIEWCAST CORPORATION and OSPREY TECHNOLOGIES, INC.
and VIDEOWARE, INC. dated on or about (the “Agreement”), is hereby amended to add the following
language to Section 10 of the Agreement:
In addition to all other fees, a 1% fee will be added to any Receivable purchased by
Purchaser from Seller, that is determined, in Purchaser’s sole
discretion, to be a Foreign Receivable. A Foreign Receivable is defined as Accounts
Receivable billed to an account debtor that resides/conducts business outside of the
United States, therefore potentially creating an obligation for payment outside of the United
States. The Fee shall be calculated on the Gross Amount of the Foreign Receivable.
As an inducement for Seller to sell only foreign invoices from which prompt payment can be
expected, Purchaser will remit a rebate of part of the Discount as follows:
If the Receivable is paid within 15 days of purchase by Purchaser, a rebate of
13.80% of the gross amount of the invoice will be remitted to Seller;
If the Receivable is paid within 30 days of purchase by Purchaser, a rebate of
13.60% of the gross amount of the invoice will be remitted to Seller;
If the Receivable is paid within 45 days of purchase by Purchaser, a rebate of
13.40% of the gross amount of the invoice will be remitted to Seller;
If the Receivable is paid within 60 days of purchase by Purchaser, a rebate of
13.20% of the gross amount of the invoice will be remitted to Seller;
If the Receivable is paid within 75 days of purchase by Purchaser, a rebate of
13.00% of the gross amount of the invoice will be remitted to Seller;
If the Receivable is paid within 90 days of purchase by Purchaser, a rebate of
12.80% of the gross amount of the invoice will be remitted to Seller;
If the Receivable is paid within 120 days of purchase by Purchaser, a rebate of
7.80% of the gross amount of the invoice will be remitted to Seller.
DATED
this day of , 2007.
PURCHASER: AMEGY BANK NATIONAL ASSOCIATION |
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By: | ||||
Name: | Xxxxx Xxxxxxxxx | |||
Title: | Vice President | |||
SELLER: XXXXXXXX.XXX, INC. also dba VIEW CAST CORPORATION |
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By: | ||||
Name: | Xxxxx X. Xxxxxx | |||
Title: | President | |||
SELLER: OSPREY TECHNOLOGIES, INC. |
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By: | ||||
Name: | Xxxxx X. Xxxxxx | |||
Title: | President |
SELLER: VIDEOWARE, INC. |
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By: | ||||
Name: | Xxxxx X. Xxxxxx | |||
Title: | President | |||
THE STATE OF TEXAS
COUNTY OF
Before me, , a notary public, on this day personally appeared
Xxxxx X. Xxxxxx, President of XXXXXXXX.XXX, INC. dba VIEWCAST CORPORATION and
OSPREY TECHNOLOGIES, INC. and VIDEOWARE, INC., known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed.
Given under my hand and seal of office this day of , 2007.
Notary Public — State of Texas | ||||