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EXHIBIT 10.08
[LOGO] SILICON VALLEY BANK
AMENDMENT TO LOAN AGREEMENT
BORROWER: INTERPORE INTERNATIONAL
ADDRESS: 000 XXXXXXXXXX XX.
XXXXXX, XXXXXXXXXX 00000
BORROWER: INTERPORE ORTHOPAEDICS, INC.
ADDRESS: 000 XXXXXXXXXX XX.
XXXXXX, XXXXXXXXXX 00000
DATE: JULY 6, 1997
THIS AMENDMENT TO LOAN AGREEMENT is entered into between SILICON VALLEY
BANK ("Silicon") and the borrowers named above (jointly and severally, the
"Borrower").
The Parties agree to amend the Loan and Security Agreement between
them, dated October 24, 1990 (as heretofore amended, the "Loan Agreement"), as
follows. (Capitalized terms used but not defined in this Amendment, shall have
the meanings set forth in the Loan Agreement.)
1. AMENDED MATURITY DATE. The Maturity Date set forth in Section 5.1 of
the Schedule to the Loan Agreement is amended effective on the date hereof, to
read as follows:
"MATURITY DATE
(Section 5.1): JULY 5, 1998."
2. FEE. Borrower shall pay to Silicon a facility fee in the amount of
0.5% of the amount of each Loan made under the Loan Agreement on or after the
date of this Amendment, until Borrower has paid Silicon an aggregate of $25,000
pursuant to the terms of this paragraph prior to July 5, 1998. Such fee shall be
due and payable at the time that Silicon makes any such Loan, with the
understanding that payment of such fee shall be a condition to the making of any
such Loan. Further, such fee shall be in addition to all interest and all other
fees payable to Silicon and shall be non-refundable.
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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, any prior
written amendments to the Loan Agreement signed by Silicon and the Borrower, and
the other written documents and agreements between Silicon and the 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 the Borrower shall continue in full force and effect and the same
are hereby ratified and confirmed.
BORROWER : SILICON:
INTERPORE INTERNATIONAL SILICON VALLEY BANK
By; /s/ XXXXX X. XXXXXX
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President or Vice President By: /s/ XXXXXXXXX XXXXXXXXXXX
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Title: Vice President
By: /s/ XXXXXXX X. XXXXXXXX
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Secretary or Ass't Secretary
INTERPORE ORTHOPAEDICS, INC.
By: /s/ XXXXX X. XXXXXX
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President or Vice President
By: /s/ XXXXXXX X. XXXXXXXX
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Secretary or Ass't Secretary
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