AGREEMENT AND PLAN OF MERGER among ClearOne Communications, Inc., Alta-Wasatch Acquisition Corporation, NetStreams, Inc., Austin Ventures VIII, L.P., and the Incentive Plan Representative (as identified herein) Dated as of November 3, 2009Merger Agreement • November 9th, 2009 • Clearone Communications Inc • Radio & tv broadcasting & communications equipment • Delaware
This AGREEMENT AND PLAN OF MERGER is made and entered into as of November 3, 2009 (this “Agreement”), among ClearOne Communications, Inc., a Utah corporation (“Parent”), Alta-Wasatch Acquisition Corporation, a Delaware corporation and a wholly-owned Subsidiary of Parent (“Merger Sub”), NetStreams, Inc., a Delaware corporation (the “Company”), and the following parties that are each entering into this Agreement for the limited purposes set forth in Sections 2.01(g), 2.03, 2.11, 6.01(a)(v) and 6.01(b)(ix) and Articles VIII and IX: Austin Ventures VIII, L.P. (“Company Stockholder”) a Delaware limited partnership, and Kevin A. Reinis (“Incentive Plan Representative”).
JOINDER TO LOAN AND SECURITY AGREEMENTJoinder to Loan and Security Agreement • November 9th, 2009 • Clearone Communications Inc • Radio & tv broadcasting & communications equipment
This Joinder to Loan and Security Agreement (this “Joinder”), dated as of November 3, 2009, is executed and delivered by CLEARONE COMMUNICATIONS, INC., a Utah corporation (“New Borrower”), and SQUARE 1 BANK (the “Bank”). Capitalized terms used herein but not otherwise defined herein shall have the meanings ascribed to those terms in the Loan Agreement as defined below.
SEVENTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 9th, 2009 • Clearone Communications Inc • Radio & tv broadcasting & communications equipment • North Carolina
This Seventh Amendment to Loan and Security Agreement (the “Amendment”), is entered into as of November 3, 2009, by and between SQUARE 1 BANK (the “Bank”) and CLEARONE COMMUNICATIONS, INC., NETSTREAMS, INC. AND NETSTREAMS, LLC (collectively, “Borrower”).
