SECURITY AGREEMENTSecurity Agreement • June 20th, 2005 • Aspen Technology Inc /De/ • Services-computer programming services • New York
This SECURITY AGREEMENT dated as of June 15, 2005 (as amended, supplemented or otherwise modified from time to time, this “Security Agreement”), is between ASPEN TECHNOLOGY RECEIVABLES II LLC, a Delaware limited liability company (the “Borrower”), and GUGGENHEIM CORPORATE FUNDING LLC, as agent for the Secured Parties (in such capacity and together with its successors and assigns, the “Agent”).
PURCHASE AND RESALE AGREEMENT Dated as of June 15, 2005 between ASPEN TECHNOLOGY RECEIVABLES I LLC as Seller and ASPEN TECHNOLOGY RECEIVABLES II LLC as PurchaserPurchase and Resale Agreement • June 20th, 2005 • Aspen Technology Inc /De/ • Services-computer programming services • New York
PARTIAL RELEASE AND ACKNOWLEDGEMENT AGREEMENTPartial Release and Acknowledgement Agreement • June 20th, 2005 • Aspen Technology Inc /De/ • Services-computer programming services • Massachusetts
This Partial Release and Acknowledgment Agreement (the “Agreement”) is entered into as of June 15, 2005, by and among (i) SILICON VALLEY BANK, a California chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (“SVB”), (ii) ASPEN TECHNOLOGY, INC., a Delaware corporation with offices at Ten Canal Park, Cambridge, Massachusetts 02141 and (iii) ASPENTECH, INC., a Texas corporation with offices at Ten Canal Park, Cambridge, Massachusetts 02141 (jointly and severally, individually and collectively, “Borrower”), and the parties who have executed this Agreement, as evidenced by their signature below (each a “Party”, and collectively, the “Parties”).
FOURTH LOAN MODIFICATION AGREEMENT - EXIMFourth Loan Modification Agreement • June 20th, 2005 • Aspen Technology Inc /De/ • Services-computer programming services
This Fourth Loan Modification Agreement - Exim (this “Loan Modification Agreement’) is entered into as of June 15, 2005, by and among (i) SILICON VALLEY BANK, a California chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (“Bank”) and (ii) ASPEN TECHNOLOGY, INC., a Delaware corporation with offices at Ten Canal Park, Cambridge, Massachusetts 02141 and ASPENTECH, INC., a Texas corporation with offices at Ten Canal Park, Cambridge, Massachusetts 02141 (jointly and severally, individually and collectively, “Borrower”)
SIXTH LOAN MODIFICATION AGREEMENTSixth Loan Modification Agreement • June 20th, 2005 • Aspen Technology Inc /De/ • Services-computer programming services
This Sixth Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of June 15, 2005, by and among (i) SILICON VALLEY BANK, a California chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (“Bank”) and (ii) ASPEN TECHNOLOGY, INC., a Delaware corporation with offices at Ten Canal Park, Cambridge, Massachusetts 02141 and ASPENTECH, INC., a Texas corporation with offices at Ten Canal Park, Cambridge, Massachusetts 02141 (jointly and severally, individually and collectively, “Borrower”)
LOAN AGREEMENT Dated as of June 15, 2005 among ASPEN TECHNOLOGY RECEIVABLES II LLC,Loan Agreement • June 20th, 2005 • Aspen Technology Inc /De/ • Services-computer programming services • New York
THIS LOAN AGREEMENT (this “Agreement”) is entered into as of June 15, 2005, among ASPEN TECHNOLOGY RECEIVABLES II LLC, a Delaware limited liability company (the “Borrower”), ASPEN TECHNOLOGY, INC., a Delaware corporation (“Aspen”), as initial servicer (in such capacity, together with its successors and permitted assigns in such capacity, the “Servicer”), the lenders listed on Schedule A to this Agreement, and GUGGENHEIM CORPORATE FUNDING, LLC (“Guggenheim”), as Agent for the benefit of the Secured Parties (in such capacity, together with its successors and permitted assigns in such capacity, the “Agent”). Unless otherwise indicated, capitalized terms used in this Agreement are defined in Exhibit I.
PURCHASE AND SALE AGREEMENT Dated as of June 15, 2005 between ASPEN TECHNOLOGY, INC. as Seller and ASPEN TECHNOLOGY RECEIVABLES I LLC as PurchaserPurchase and Sale Agreement • June 20th, 2005 • Aspen Technology Inc /De/ • Services-computer programming services • New York
