AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 30th, 2008 • Glu Mobile Inc • Services-computer programming services • Delaware
THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of the Effective Date between SILICON VALLEY BANK, a California corporation (“Bank”), and each of Glu Mobile Inc., a Delaware corporation (“Glu Mobile”), Glu Games Inc., a Delaware corporation (“Glu Games”), and Superscape inc., a Delaware corporation (“Superscape”, together with Glu Mobile and Glu Games, each a “Borrower” and collectively, jointly and severally, “Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank.
ContractSubordination Agreement • December 30th, 2008 • Glu Mobile Inc • Services-computer programming services • New York
This instrument and the rights and obligations evidenced hereby are subordinated in the manner and to the extent set forth in that certain Subordination and Intercreditor Agreement (the “Subordination Agreement”) dated as of December 29, 2008 by and among Wang Xin, as representative for the creditors set forth on Exhibit A thereto, Beijing Zhangzhong MIG Information Technology Co., Ltd., a domestic limited liability company organized under the laws of the PRC (the “Company”), Glu Mobile Inc., a Delaware corporation (“Parent”) , certain direct and indirect subsidiaries of Borrower from time to time party thereto, and Silicon Valley Bank, a California banking corporation (the “Senior Lender”),to the indebtedness (including interest) owed by Parent pursuant to that certain Amended and Restated Loan and Security Agreement dated as of December 29, 2008 among Parent, certain affiliates of Parent, and the Senior Lender, and as such Loan and Security Agreement has been and hereafter may be ame
ContractSubordination Agreement • December 30th, 2008 • Glu Mobile Inc • Services-computer programming services • New York
This instrument and the rights and obligations evidenced hereby are subordinated in the manner and to the extent set forth in that certain Subordination and Intercreditor Agreement (the “Subordination Agreement”) dated as of December 29, 2008 by and among Wang Xin, as representative for the creditors set forth on Exhibit A thereto, Glu Mobile Inc., a Delaware corporation (the “Company”), certain direct and indirect subsidiaries of Borrower from time to time party thereto, and Silicon Valley Bank, a California banking corporation (the “Senior Lender”),to the indebtedness (including interest) owed by the Company pursuant to that certain Amended and Restated Loan and Security Agreement dated as of December 29, 2008 among the Company, certain affiliates of the Company, and the Senior Lender, and as such Loan and Security Agreement has been and hereafter may be amended, supplemented or otherwise modified from time to time in accordance with such Subordination Agreement, and to indebtedness
GUARANTYGuaranty • December 30th, 2008 • Glu Mobile Inc • Services-computer programming services • New York
This Guaranty is made and given as of December 29, 2008 by Glu Mobile Inc. (“Glu” or the “Guarantor”), a Delaware corporation, in favor of Wang Bin and Wang Xin.
First Amendment to Agreement and Plan of Merger dated November 28, 2007Agreement and Plan of Merger • December 30th, 2008 • Glu Mobile Inc • Services-computer programming services
This First Amendment to the Agreement and Plan of Merger dated November 28, 2007 (this “Amendment”) is made and entered into on December 29, 2008 (the “Amendment Date”) by and among Glu Mobile Inc., a Delaware corporation (“Acquirer”), Awaken (Beijing) Communications Technology Co. Ltd., a wholly foreign-owned enterprise organized under the laws of the PRC (the “WFOE”), Beijing Zhangzhong MIG Information Technology Co. Ltd., a domestic limited liability company organized under the laws of the PRC (“MIG”), Beijing Qinwang Technology Co. Ltd., a domestic limited liability company organized under the laws of the PRC (“Qinwang”), Wang Xin, as the representative of (and on behalf of each of) the former shareholders of Awaken Limited (the “Representative”), a business company with limited liability incorporated under the laws of the British Virgin Islands (the “Company”), and each of the former shareholders of the Company party hereto. Capitalized terms used in this Amendment which are not d
SECURITY AGREEMENTSecurity Agreement • December 30th, 2008 • Glu Mobile Inc • Services-computer programming services
This SECURITY AGREEMENT (this “Agreement”) dated as of December 29, 2008 (the “Effective Date”) is made by GLU MOBILE INC., a Delaware corporation (“Grantor”), in favor of (a) each of the parties listed on the Schedule of Secured Parties attached to this Agreement as Exhibit A (each individually a “Secured Party” and collectively the “Secured Parties”) and (b) WANG XIN, an individual, as Collateral Agent (the “Collateral Agent”) for the benefit of the Secured Parties. The parties agree as follows:
