Silicon Valley Bank Amendment to Loan Documents
Exhibit
10.4
Silicon
Valley Bank
Amendment
to Loan Documents
Borrower: |
Entrada
Networks, Inc. |
Rixon
Networks, Inc. (fka Entrada Networks-AJ, Inc.) | |
Sync
Research, Inc. | |
Xxxxxx
Xxxxx Networks, Inc. | |
Microtek
Systems, Inc. |
Date: February
8, 2005
THIS
AMENDMENT TO LOAN DOCUMENTS is
entered into between Silicon Valley Bank (“Silicon”) and the borrower named
above (“Borrower”).
The
Parties agree to amend the Loan and Security Agreement between them, dated
December 14, 2004 (as otherwise amended, if at all, the “Loan Agreement”), as
follows, effective as of January 30, 2005. (Capitalized terms used but not
defined in this Amendment, shall have the meanings set forth in the Loan
Agreement.)
1. Modified
Maturity Date. The
Maturity Date set forth in Section 13.1 of the Loan Agreement is hereby amended
to read as follows:
“Maturity
Date”
is March 1,
2005.
2. Fee.
In
consideration for Silicon entering into this Amendment, Borrower shall
concurrently pay Silicon a fee in the amount of $1,000, 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.
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 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
under-standings 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:
ENTRADA
NETWORKS, INC.
By
/s/ Xxxxxx X. X. Xxxxxx
President
By
/s/ Xxxxxxxx
Xxxxx
Secretary
or Ass't Secretary |
Silicon:
SILICON
VALLEY BANK
By
/s/ Xxxxxxx Xxxxxx
Title
Senior Vice President
|
Borrower:
RIXON
NETWORKS, INC.
By
/s/ Xxxxxx X. X. Xxxxxx
President
By
/s/ Xxxxxxxx
Xxxxx
Secretary
or Ass't Secretary |
Borrower:
SYNC
RESEARCH, INC.
By
/s/ Xxxxxx X. X. Xxxxxx
President
By
/s/ Xxxxxxxx
Xxxxx
Secretary
or Ass't Secretary |
Borrower:
XXXXXX
XXXXX NETWORKS, INC.
By
/s/ Xxxxxx X. X. Xxxxxx
President
By
/s/ Xxxxxxxx
Xxxxx
Secretary
or Ass't Secretary |
Borrower:
MICROTEK
SYSTEMS, INC.
By
/s/ Xxxxxx X. X. Xxxxxx
CEO
By
/s/ Xxxxxxxx
Xxxxx
Secretary
or Ass't
Secretary |
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