0001104659-06-032526 Sample Contracts

FIRST AMENDMENT TO CHANGE OF CONTROL AGREEMENT
Change of Control Agreement • May 9th, 2006 • Witness Systems Inc • Services-prepackaged software

IN WITNESS WHEREOF, the undersigned Company and the Executive have hereunto set forth their hands and seals as of this day of , 2005.

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NINTH LOAN MODIFICATION AGREEMENT
Ninth Loan Modification Agreement • May 9th, 2006 • Witness Systems Inc • Services-prepackaged software

This Ninth Loan Modification Agreement (this “Agreement”) is entered into as of March 9, 2006 by and between WITNESS SYSTEMS, INC., a Delaware corporation (“Borrower”), whose address is 300 Colonial Center Parkway, Roswell, Georgia 30076, and SILICON VALLEY BANK (“Lender”), a California-chartered bank with a principal place of business at 3003 Tasman Drive, Santa Clara, CA 95054 and with a loan production office located at 3353 Peachtree Road, Suite M-10, Atlanta, GA 30326.

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