PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • August 9th, 2004 • Business Objects S.A. • Services-prepackaged software • California
Bank has entered into that certain Comerica Bank Foreign Exchange Master Agreement (said agreement, along with all agreements executed in connection therewith, as each may hereafter be amended from time to time, the “FX Agreements”), pursuant to which Bank has made certain commitments, subject to the terms and conditions set forth in the FX Agreements, to provide foreign exchange services to Pledgor and BO SOFTWARE LTD. (“BO Ireland”). BO Ireland develops intellectual property which is crucial to Pledgor’s business and Pledgor consequently expects to obtain significant benefit from Bank’s provision of foreign exchange services to BO Ireland. In addition, BO Ireland has transferred $21,000,000 to Pledgor, in exchange for which Pledgor has agreed to provide security for BO’s Ireland’s performance under the FX Agreements, as set forth herein. Pledgor has agreed to secure its obligations and the obligations of BO Ireland under the FX Agreements with the money market account described on at
FIRST AMENDMENT TO PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • August 9th, 2004 • Business Objects S.A. • Services-prepackaged software
This First Amendment to Pledge and Security Agreement is entered into as of July 28, 2004 (the “Amendment”), by and between COMERICA BANK (“Bank”) and BUSINESS OBJECTS AMERICAS (“Pledgor”).
