DIGITAL RIVER, INC. FIRST AMENDMENT TO LINE OF CREDIT AGREEMENT AND PROMISSORY NOTELine of Credit Agreement and Promissory Note • May 4th, 2004 • Digital River Inc /De • Wholesale-computers & peripheral equipment & software • Illinois
This First Amendment to Line of Credit Agreement and Promissory Note (herein, the “Amendment”) is entered into as of April 30, 2004 between Digital River, Inc., a Delaware corporation (the “Borrower”), and Harris Trust and Savings Bank (the “Bank”).
LINE OF CREDIT AGREEMENTLine of Credit Agreement • May 4th, 2004 • Digital River Inc /De • Wholesale-computers & peripheral equipment & software • Illinois
Digital River, Inc., a Delaware corporation (“Borrower”) has applied for, and Harris Trust and Savings Bank, Chicago, Illinois (“Bank”), has approved the establishment of, a loan account (“Loan Account”) from which the Borrower may from time to time request loans in the aggregate amount of credit shown below (the “Maximum Credit”). The Loan Account shall be secured as described in this Agreement. Interest on such loans shall be computed at a variable rate which may change daily based upon changes in the Bank’s Prime Rate or at short term fixed rates based upon LIBOR or rates to which the Borrower and the Bank agree. The Borrower may make principal payments at any time and in any amount, subject to payment of the funding indemnity more fully provided in Section 2 below. The establishment of the Loan Account shall constitute an agreement between the Borrower and the Bank as follows:
DIGITAL RIVER, INC. FIRST AMENDMENT TO SECURITY AGREEMENT RE: RECEIVABLESSecurity Agreement • May 4th, 2004 • Digital River Inc /De • Wholesale-computers & peripheral equipment & software • Illinois
This First Amendment to Security Agreement Re: Receivables (herein, the “Amendment”) is entered into as of April 30, 2004 between Digital River, Inc., a Delaware corporation (the “Debtor”), and Harris Trust and Savings Bank (the “Secured Party”).
STOCK PURCHASE AGREEMENT among:Stock Purchase Agreement • May 4th, 2004 • Digital River Inc /De • Wholesale-computers & peripheral equipment & software • New York
This STOCK PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of April 17, 2004, between the persons or entities who are signatories hereto and listed on Exhibit A hereto (each a “Seller”), DIGITAL RIVER, INC., a company organized under the laws of Delaware (“Parent”) and BLITZ F03-1424 GMBH , a company organized under the laws of Germany and a wholly owned subsidiary of Parent (“Buyer”).
SECURITY AGREEMENT RE: RECEIVABLESSecurity Agreement • May 4th, 2004 • Digital River Inc /De • Wholesale-computers & peripheral equipment & software • Illinois
The undersigned, DIGITAL RIVER, INC., a Delaware corporation (the “Debtor”), with its mailing address as set forth in Section 10(b) hereof, for value received, hereby grants to HARRIS TRUST AND SAVINGS BANK, an Illinois banking corporation (the “Secured Party”), with its mailing address as set forth in Section 10(b) hereof, a lien on and security interest in, and acknowledges and agrees that the Secured Party has and shall continue to have a continuing lien on and security interest in, all right, title and interest, whether now owned or existing or hereafter created, acquired or arising, in and to all of the following personal property, assets and rights of the Debtor:
