0001047469-04-016660 Sample Contracts

FOURTH LOAN MODIFICATION AGREEMENT
Fourth Loan Modification Agreement • May 10th, 2004 • Witness Systems Inc • Services-prepackaged software

This Loan Modification Agreement is entered into as of January 8, 2004 by and between WITNESS SYSTEMS, INC., a Delaware corporation ("Borrower"), whose address is 300 Colonial Center Parkway, Roswell, Georgia 30076, and SILICON VALLEY BANK ("Lender"), a California-chartered bank with a principal place of business at 3003 Tasman Drive, Santa Clara, CA 95054 and with a loan production office located at 3353 Peachtree Road, Suite M-10, Atlanta, GA 30326.

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FIFTH LOAN MODIFICATION AGREEMENT
Loan Modification Agreement • May 10th, 2004 • Witness Systems Inc • Services-prepackaged software

This Loan Modification Agreement is entered into as of March 10, 2004 by and between WITNESS SYSTEMS, INC., a Delaware corporation ("Borrower"), whose address is 300 Colonial Center Parkway, Roswell, Georgia 30076, and SILICON VALLEY BANK ("Lender"), a California-chartered bank with a principal place of business at 3003 Tasman Drive, Santa Clara, CA 95054 and with a loan production office located at 3353 Peachtree Road, Suite M-10, Atlanta, GA 30326.

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