SECOND AMENDMENT TO CREDIT AND GUARANTY AGREEMENTCredit and Guaranty Agreement • February 21st, 2008 • Syntax-Brillian Corp • Radio & tv broadcasting & communications equipment • New York
SECOND AMENDMENT, dated as of February 14, 2008 (this “Amendment”), to the Credit and Guaranty Agreement, dated as of October 26, 2007, by and among SYNTAX-BRILLIAN CORPORATION, a Delaware corporation (“Company”), SYNTAX-BRILLIAN SPE, INC., a Delaware corporation (“SPV”, and together with the Company, each a “Borrower” and collectively, the “Borrowers”) and CERTAIN SUBSIDIARIES OF COMPANY, as Guarantors, the Lenders party hereto from time to time and SILVER POINT FINANCE, LLC (“Silver Point”), as Administrative Agent (in such capacity, “Administrative Agent”), Collateral Agent (in such capacity, “Collateral Agent”), and Lead Arranger (in such capacity, the “Lead Arranger”).
SILVER POINT FINANCE, LLC Two Greenwich Plaza, 1st Floor Greenwich, CT 06830-6353 as of February 21, 2008Forbearance Agreement • February 21st, 2008 • Syntax-Brillian Corp • Radio & tv broadcasting & communications equipment • New York
Reference is hereby made to that certain Credit and Guaranty Agreement, dated as of October 26, 2007 (as amended or otherwise modified from time to time, the “Credit Agreement”), by and among Syntax-Brillian Corporation, a Delaware corporation (the “Company”), Syntax-Brillian SPE, Inc., a Delaware corporation (“SPV”, and together with the Company, each a “Borrower” and collectively, the “Borrowers”), each subsidiary of the Company listed as a Guarantor on the signature pages thereto, the lenders party thereto from time to time (each a “Lender” and collectively, the “Lenders”), and Silver Point Finance, LLC, as administrative agent for the Lenders (in such capacity, “Administrative Agent”), as collateral agent for the Lenders (in such capacity, “Collateral Agent”, and together with the Administrative Agent, each an “Agent” and collectively, the “Agents”), and as lead arranger (in such capacity, the “Lead Arranger”). Any and all capitalized terms used in this letter agreement which are d
