THIRD AMENDED AND RESTATED TERM CREDIT AGREEMENT among IBM CREDIT CORPORATION, as Lender, DIGITAL ANGEL SHARE TRUST, as Tranche A Borrower, and APPLIED DIGITAL SOLUTIONS, INC. as Tranche B BorrowerTerm Credit Agreement • March 8th, 2002 • Applied Digital Solutions Inc • Wholesale-computers & peripheral equipment & software • New York
This THIRD AMENDED AND RESTATED TERM CREDIT AGREEMENT (as amended, supplemented or otherwise modified from time to time, this “Agreement”) is hereby made as of this 1st day of March, 2002, by and among IBM Credit Corporation, a Delaware corporation (“IBM Credit” or “Lender”) with a place of business at North Castle Drive, Armonk, New York, United States of America (“USA”), as lender, Digital Angel Share Trust, a statutory business trust organized and governed by the laws of the State of Delaware (“Tranche A Borrower”) and Applied Digital Solutions, Inc. (formerly known as “Applied Cellular Technology, Inc.”), a Missouri corporation (“Tranche B Borrower”) with a place of business at 400 Royal Palm Way, Palm Beach, Florida 33480, USA (Tranche A Borrower and Tranche B Borrower are each referred to herein as a “Borrower” or, collectively, “Borrowers”).
AMENDMENT NO. 5 TO SECOND AMENDED AND RESTATED TERM AND REVOLVING CREDIT AGREEMENTTerm and Revolving Credit Agreement • March 8th, 2002 • Applied Digital Solutions Inc • Wholesale-computers & peripheral equipment & software • New York
This Amendment No. 5 (this “Amendment”) to Second Amended and Restated Term and Revolving Credit Agreement is dated as of February 27, 2002 by and among IBM Credit Corporation, a Delaware corporation (“IBM Credit” or “Lender”) and Applied Digital Solutions, Inc. (the “Customer”).
TRUST AGREEMENTTrust Agreement • March 8th, 2002 • Applied Digital Solutions Inc • Wholesale-computers & peripheral equipment & software • Delaware
This Trust Agreement (the “Agreement ”) of the Digital Angel Share Trust, a Delaware statutory business trust (the “Trust”) is made and entered into as of March 1, 2002, between Wilmington Trust Company, a Delaware banking corporation (acting hereunder not in its individual capacity but solely as trustee hereunder, the “Trustee”), and Applied Digital Solutions, Inc., a corporation organized under the laws of Missouri (“ADS”).
