AMENDMENT NO. 2 TO THE MARCH 20, 2005 AGREEMENT AND PLAN OF MERGER BY AND AMONG HYPERSPACE COMMUNICATIONS, INC., SPUD ACQUISITION CORP., GTG PC HOLDINGS, LLC AND GTG-MICRON HOLDING COMPANY, LLCLoan and Security Agreement • July 12th, 2005 • HyperSpace Communications, Inc. • Services-prepackaged software • Colorado
This Loan and Security Agreement dated July , 2005 is entered into by and among MPC Computers, LLC, a Delaware limited liability company (“MPC”), MPC-G, LLC, a Delaware limited liability company (“MPC-G”) and MPC Solutions Sales, LLC, a Delaware limited liability company (“MPC-S”, and together with MPC and MPC-G, each individually a “Borrower” and collectively, “Borrowers” as hereinafter further defined), GTG PC Holdings, LLC, a Delaware limited liability company (“Guarantor” as hereinafter defined), the parties hereto from time to time as lenders, whether by execution of this Agreement or an Assignment and Acceptance (each individually, a “Lender” and collectively, “Lenders” as hereinafter further defined) and Wachovia Capital Finance Corporation (Western), a California corporation, in its capacity as agent for Lenders (in such capacity, “Agent” as hereinafter further defined).
