OVERADVANCE GUARANTYOveradvance Guaranty • May 19th, 2003 • Exabyte Corp /De/ • Computer storage devices
In consideration of advances by SILICON VALLEY BANK ("Bank") in excess of the Credit Limit (as defined in the Loan and Security Agreement dated June 18, 2002, as amended, including the Third Modification Agreement dated April 17, 2003, (the "Agreement")), by and between Bank and Exabyte Corporation, a Delaware corporation ("Borrower"), Meritage Private Equity Fund, L.P., a Delaware limited partnership ("Guarantor") unconditionally and irrevocably guarantees payment of the Guarantee Amount as set forth below.
GUARANTOR AGREEMENTGuarantor Agreement • May 19th, 2003 • Exabyte Corp /De/ • Computer storage devices • Colorado
This Guarantor Agreement (the "Agreement") is made as of April 17, 2003 among (i) Exabyte Corporation, a Delaware corporation (the "Company"), (ii) Meritage Private Equity Fund, L.P. ("Meritage"), and (iii) Tom Ward ("Ward"). Each of Meritage and Ward is referred to herein as a "Guarantor" and are collectively referred to herein as the "Guarantors."
Third Modification AgreementModification Agreement • May 19th, 2003 • Exabyte Corp /De/ • Computer storage devices
THIS THIRD MODIFICATION AGREEMENT (the "Modification Agreement") is entered into between Silicon Valley Bank ("Silicon") and the borrower named above ("Borrower").
