THIRD AMENDMENT TO ACCOUNTS RECEIVABLE FINANCING AGREEMENT
THIRD AMENDMENT TO ACCOUNTS
RECEIVABLE FINANCING AGREEMENT
This third AMENDMENT, dated as of
September 1, 2009 is by and between INTERCLICK, INC. (“Client”) and CRESTMARK
COMMERCIAL CAPITAL LENDING LLC (“Crestmark”).
RECITALS
A. Client
and Crestmark (the “Parties”) are parties to a certain Accounts Receivable
Financing Agreement, dated as of November 12, 2008 (the
“Agreement”).
B. The
Parties have agreed to amend the Agreement pursuant to the terms
hereof.
NOW, THEREFORE, in consideration of the
premises, and intending to be legally bound hereby, the parties hereby agree as
follows:
AGREEMENT
1. Amendment of
Agreement.
|
A.
|
Section
1.36 is hereby deleted in its entirety and replaced with the
following:
|
“1.36 Servicing Fee – Three-hundred
seventy-five thousandths percent (0.375%).”
2. Effect of this
Agreement. Except as modified pursuant hereto, the Agreement
is specifically ratified, restated and confirmed by all parties thereto as of
the date hereof. To the extent of any conflict between the terms of
this Amendment and the Agreement, the terms of this Amendment shall
control.
3. Counterparts. This
Amendment may be executed in any number of counterparts, all of which taken
together shall constitute one agreement, provided that, this
Amendment shall not become effective until all counterparts hereof have been
executed by all parties hereto.
The parties hereto have caused this
Amendment to be duly executed and delivered by their respective officers
thereunto duly authorized as of the date first above written.
| CRESTMARK COMMERCIAL CAPITAL LENDING LLC | |
| BY: /s/ Xxxxxxx Xxxxxxxx | BY: /s/ Xxxxxxx X. Xxxxx |
|
XXXXXXX X. XXXXX,
President
|
|
| PRINT NAME: Xxxxxxx Xxxxxxxx | |
| TITLE: CEO |
