CONSENT, WAIVER, REAFFIRMATION AND AMENDMENT NUMBER ONE TO CREDIT AGREEMENTCredit Agreement • March 24th, 2017 • Sphere 3D Corp • Services-computer processing & data preparation
This CONSENT, WAIVER, REAFFIRMATION AND AMENDMENT NUMBER ONE TO CREDIT AGREEMENT (this “Agreement”) is made as of December 30, 2016, by and among OVERLAND STORAGE, INC., a California corporation (the “Company”), TANDBERG DATA GMBH, a German limited liability company registered with the commercial register of the local court in Dortmund under HRB 5589 (“Subsidiary Borrower” and, collectively with Company, the “Borrowers” and each individually a “Borrower”), each undersigned Guarantor signatory hereto, and OPUS BANK, a California commercial bank (“Lender”).
AMENDMENT NUMBER TWO TO CREDIT AGREEMENT, AMENDMENT NUMBER ONE TO AMENDMENT NUMBER 1, WAIVER AND REAFFIRMATIONCredit Agreement • March 24th, 2017 • Sphere 3D Corp • Services-computer processing & data preparation
This AMENDMENT NUMBER TWO TO CREDIT AGREEMENT, AMENDMENT NUMBER ONE TO AMENDMENT NUMBER 1, WAIVER AND REAFFIRMATION (this “Agreement”) is made as of March 12, 2017, by and among OVERLAND STORAGE, INC., a California corporation (“Company”), TANDBERG DATA GMBH, a German limited liability company registered with the commercial register of the local court in Dortmund under HRB 5589 (“Subsidiary Borrower” and, together with Company, collectively, “Borrowers” and each individually a “Borrower”), each undersigned Guarantor signatory hereto, and OPUS BANK, a California commercial bank, as Lender (“Lender”).
AMENDMENT NUMBER THREE TO CREDIT AGREEMENT AND REAFFIRMATIONCredit Agreement • March 24th, 2017 • Sphere 3D Corp • Services-computer processing & data preparation
This AMENDMENT NUMBER THREE AND REAFFIRMATION (this “Agreement”) is made as of March 22, 2017, by and among OVERLAND STORAGE, INC., a California corporation (“Company”), TANDBERG DATA GMBH, a German limited liability company registered with the commercial register of the local court in Dortmund under HRB 5589 (“Subsidiary Borrower” and, together with Company, collectively, “Borrowers” and each individually a “Borrower”), each undersigned Guarantor signatory hereto, and OPUS BANK, a California commercial bank, as Lender (“Lender”).
THIS INSTRUMENT IS SUBJECT TO THE TERMS OF A SUBORDINATION AGREEMENT DATED AS OF APRIL 6, 2016 IN FAVOR OF OPUS BANK, AS LENDER, WHICH AGREEMENT (AS AMENDED IN ACCORDANCE WITH ITS TERMS) IN INCORPORATED HEREIN BY REFERENCE TERM LOAN AGREEMENTTerm Loan Agreement • March 24th, 2017 • Sphere 3D Corp • Services-computer processing & data preparation • New York
THIS TERM LOAN AGREEMENT, dated as of September 16, 2016, between SPHERE 3D CORP., a corporation incorporated under the laws of the Province of Ontario, Canada (the “Borrower”) and FBC HOLDINGS S.À R.L., a company incorporated under the laws of Luxembourg (the “Lender”). The parties hereto, intending to be legally bound hereby, agree as follows:
