SECOND AMENDMENT TO REVOLVING CREDIT PROMISSORY NOTE (LIBOR/PRIME) (Avistar Communications Corporation)
EXHIBIT
10.19
SECOND
AMENDMENT TO REVOLVING CREDIT PROMISSORY NOTE (LIBOR/PRIME)
(Avistar
Communications Corporation)
Second Amendment dated as of December
17, 2007 (this “Amendment”) to that
certain Revolving Credit Promissory Note dated as of December 23, 2006, as
amended, by Avistar Communications Corporation, a Delaware corporation (the
“Borrower”), to
the order of JPMorgan Chase Bank, N.A. (the “Bank”), in the
maximum principal amount of $10,000,000 (the “Note”).
For value received, the parties hereto
hereby agree as follows:
|
1.
|
The
first unnumbered paragraph of the Note is hereby amended by deleting
therefrom the words “first anniversary” and inserting in lieu thereof the
words “second anniversary”.
|
|
2.
|
This
Amendment shall become effective
upon:
|
|
a.
|
The
Borrower’s payment to the Bank’s counsel’s fees and expenses of $2,247.50;
and
|
|
b.
|
The
Bank’s receipt of a financial statement from the Guarantor dated on or
about December 7, 2007, substantially in the form of the “Financial
Statement” (as defined in the
Guaranty).
|
|
3.
|
The
Note, as amended by this Amendment, remains in full force and
effect.
|
|
4.
|
This
Amendment shall be governed by and construed in accordance with the laws
of the State of New York, without regard to conflicts of laws
principles.
|
|
5.
|
This
Amendment may be executed in any number of counterparts and by different
parties hereto in separate counterparts, each of which shall be deemed to
be an original, but all of which taken together shall constitute one in
the same instrument.
|
IN
WITNESS WHEREOF, the parties have caused this Amendment to be duly executed and
delivered as of the date first above written.
JPMorgan
Chase Bank, N.A.
By: X.X.
Xxxxxx Trust Company, N.A.
By: /s/
Xxxxx X.
Xxxxxxxx
Xxxxx
X. Xxxxxxxx
Managing
Director
Avistar
Communications Corporation
By: /s/ Xxxxxx X.
Xxxxx
Name: Xxxxxx X. Xxxxx
Title: Chief Financial Officer
By: /s/ Xxxxx
X. Xxxx
Name: Xxxxx X. Xxxx
Title: President
