0001104659-07-074927 Sample Contracts

LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • October 15th, 2007 • Network Engines Inc • Services-prepackaged software • Texas

THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of October 11, 2007 (the “Effective Date”) among (a) SILICON VALLEY BANK, a California corporation with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (“Bank”), and (b) NETWORK ENGINES, INC., a Delaware corporation (“Network”), and ALLIANCE SYSTEMS, INC., a Texas corporation (“Alliance”) (Network and Alliance are individually and collectively, jointly and severally, “Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:

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