Loan and Security AgreementLoan and Security Agreement • May 15th, 2018 • Sonic Foundry Inc • Radio & tv broadcasting & communications equipment • California
THIS LOAN AND SECURITY AGREEMENT (Agreement) is entered into on the above date (the Effective Date) between PARTNERS FOR GROWTH V, L.P. (PFG), whose address is 1660 Tiburon Blvd., Suite D, Tiburon, CA 94920 and Borrower(s) named above (Borrower), whose chief executive office is located at the above address (Borrower’s Address). The Schedule to this Agreement (the Schedule) being signed by the parties concurrently with the execution and delivery of this Agreement is an integral part of this Agreement. (Definitions of certain terms used in this Agreement are set forth in Section 7 below.)
WAIVER AND TWELFTH Amendment to SECOND AMENDED AND RESTATED Loan and security agreementLoan and Security Agreement • May 15th, 2018 • Sonic Foundry Inc • Radio & tv broadcasting & communications equipment
This Waiver and Twelfth Amendment to Second Amended and Restated Loan and Security Agreement (this “Amendment”) is entered into this 11th day of May, 2018 (the “Twelfth Amendment Effective Date”), by and between (i) SILICON VALLEY BANK a California corporation (“Bank”), and (ii) SONIC FOUNDRY, INC., a Maryland corporation (“Sonic Foundry”), and SONIC FOUNDRY MEDIA SYSTEMS, INC., a Maryland corporation (“Sonic Systems” and together with Sonic Foundry, jointly and severally, individually and collectively, the “Borrower”).
WARRANTWarrant Agreement • May 15th, 2018 • Sonic Foundry Inc • Radio & tv broadcasting & communications equipment • California
THIS WARRANT (“WARRANT”) TO PURCHASE STOCK IN THE CAPITAL OF SONIC FOUNDRY, INC., A MARYLAND CORPORATION (THE “COMPANY”) IS ISSUED ON THE ISSUE DATE PURSUANT TO THE TERMS OF THAT CERTAIN LOAN AND SECURITY AGREEMENT BETWEEN THE COMPANY AND PARTNERS FOR GROWTH V, L.P. (THE “LOAN AGREEMENT”). THIS WARRANT IS SOLD IN A PRIVATE TRANSACTION, WITHOUT REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND REGULATIONS PROMULGATED THEREUNDER (THE “SECURITIES ACT”) OR THE SECURITIES LAWS OF ANY STATE, AND MAY BE OFFERED OR SOLD ONLY IF REGISTERED UNDER THE SECURITIES ACT AND SUCH LAWS OR IF AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT AND SUCH LAWS IS AVAILABLE.
