EMPLOYMENT AGREEMENT BY AND BETWEEN FAVRILLE, INC. AND DAVID GUYEmployment Agreement • March 29th, 2006 • Favrille Inc • Biological products, (no disgnostic substances) • California
THIS EMPLOYMENT AGREEMENT (the “Agreement”) is made and entered into effective as of December 1, 2005 (the “Effective Date”) by and between FAVRILLE, INC., a Delaware corporation (the “Company”), and DAVID GUY (“Executive”). The Company and Executive are collectively referred to herein as the “Parties,” and each is individually referred to herein as a “Party.”
AMENDMENT NO. 1Master Security Agreement • March 29th, 2006 • Favrille Inc • Biological products, (no disgnostic substances)
THIS AMENDMENT NO. 1 (this “Amendment”) is made as of the 30th day of December 2005, between General Electric Capital Corporation (“Secured Party”) and Favrille, Inc. (“Debtor”) in connection with that certain Master Security Agreement, dated as of December 30, 2005 (the “Agreement”). The terms of this Amendment are hereby incorporated into the Agreement as though fully set forth therein. Secured Party and Debtor mutually desire to amend the Agreement as set forth below. Section references below refer to the section numbers of the Agreement.
PROMISSORY NOTEPromissory Note • March 29th, 2006 • Favrille Inc • Biological products, (no disgnostic substances) • Connecticut
FOR VALUE RECEIVED, Favrille, Inc., a Delaware corporation, located at the address stated below (“Maker”) promises, jointly and severally if more than one, to pay to the order of General Electric Capital Corporation or any subsequent holder hereof (each, a “Payee”) at its office located at 83 Wooster Heights Road, Fifth Floor, Danbury, CT 06810 or at such other place as Payee or the holder hereof may designate, the principal sum of One Million Four Hundred Ninety Eight Thousand Six Hundred Seventy Seven Dollars and Twenty Six Cents ($1,498,677.26), with interest on the unpaid principal balance, from the date hereof through and including the dates of payment, at a fixed interest rate of ten and eighty-nine hundredths percent (10.89%) per annum, in twenty-four (24) consecutive monthly installments of principal and interest as follows:
AMENDMENT NO. 3Master Security Agreement • March 29th, 2006 • Favrille Inc • Biological products, (no disgnostic substances)
THIS AMENDMENT NO. 3 (this “Amendment”) is made as of the 30th day of December 2005, between Oxford Finance Corporation (“Secured Party”) and Favrille, Inc. (“Debtor”) in connection with that certain Master Security Agreement, dated as of July 26, 2004, as amended by an Amendment dated as of December 29, 2004, as further amended by an Amendment date as of June 16, 2005 (as so amended, the “Agreement”). The terms of this Amendment are hereby incorporated into the Agreement as though fully set forth therein. Secured Party and Debtor mutually desire to amend the Agreement as set forth below. Section references below refer to the section numbers of the Agreement.
MASTER SECURITY AGREEMENT Dated as of December 30, 2005 (“Agreement”)Master Security Agreement • March 29th, 2006 • Favrille Inc • Biological products, (no disgnostic substances) • Connecticut
THIS AGREEMENT is between General Electric Capital Corporation (together with its successors and assigns, if any, “Secured Party”) and Favrille, Inc. (“Debtor”). Secured Party has an office at 83 Wooster Heights Road, 5th Floor, Danbury, CT 06810. Debtor is a corporation organized and existing under the laws of the state of Delaware. Debtor’s mailing address and chief place of business is 10421 Pacific Center Court, San Diego, CA 92121.
