SECOND LOAN MODIFICATION AGREEMENTSecond Loan Modification Agreement • November 10th, 2008 • NMS Communications Corp • Telephone & telegraph apparatus
This Second Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of November 6, 2008, by and among (a) SILICON VALLEY BANK, a California corporation, 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 (b) NMS COMMUNICATIONS CORPORATION, a Delaware corporation (“NMS Borrower”), NMS COMMUNICATIONS INTERNATIONAL CORPORATION, a Delaware corporation (“International Borrower”), LIVEWIRE MOBILE, INC., a Delaware corporation (“LiveWire Borrower”), and GROOVE MOBILE, INC., a Delaware corporation (“Groove Borrower”, and individually and collectively, jointly and severally with NMS Borrower, International Borrower, and LiveWire Borrower, “Borrower”), each with its respective principal place of business at 100 Crossing Boulevard, Framingham, Massachusetts 01702.
