0001047469-05-006701 Sample Contracts

OFFICE LEASE BY AND BETWEEN MISSION TOWERS, LLC, a Delaware limited liability company, as Landlord and WITNESS SYSTEMS, INC., a Delaware corporation, as Tenant For Premises in Suite 500, 3979 Freedom Circle Drive, Santa Clara, California
Office Lease • March 16th, 2005 • Witness Systems Inc • Services-prepackaged software • Delaware

THIS OFFICE LEASE ("Lease") is entered and dated for reference purposes only as February , 2005, by and between "Landlord" and "Tenant" (as such terms are defined below).

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SIXTH LOAN MODIFICATION AGREEMENT
Loan Modification Agreement • March 16th, 2005 • Witness Systems Inc • Services-prepackaged software

This Sixth Loan Modification Agreement (this "Agreement") is entered into as of January 12, 2005 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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