AMENDMENT NO. 1 TO AMENDED AND RESTATED TERM LOAN CREDIT AGREEMENTTerm Loan Credit Agreement • January 3rd, 2020 • Falconstor Software Inc • Services-prepackaged software
Contract Type FiledJanuary 3rd, 2020 Company IndustryTHIS AMENDED AND RESTATED TERM LOAN CREDIT AGREEMENT dated as of February 23, 2018 (this “Agreement”) is entered into among (i) FALCONSTOR SOFTWARE, INC., a Delaware corporation (the “Borrower”), (ii) FALCONSTOR, INC., a Delaware corporation, FALCONSTOR AC, INC., a Delaware corporation, and the other Persons party hereto from time to that are designated as a “Guarantor” hereunder, (iii) the financial institutions that are or may from time to time become parties hereto (together with their respective successors and assigns, the “Lenders”), (iv) ESW CAPITAL, LLC, a Delaware limited liability company, as the Co-Agent, and (ivv) HCP-FVA, LLC, a Delaware limited liability company (in its individual capacity, “HCP-FVA”), as Administrative Agent for the Lenders.