AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 9th, 2010 • Network Engines Inc • Services-prepackaged software • Delaware
THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of the Effective Date between 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 NETWORK ENGINES, INC., a Delaware corporation with offices at 25 Dan Road, Canton, Massachusetts 02021 (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. This Agreement amends and restates in its entirety that certain Loan and Security Agreement, dated as of October 11, 2007, by and between Borrower, Alliance Systems Inc. (“Alliance”), and Bank, as amended by that certain First Loan Modification Agreement dated as of August 1, 2008, between Borrower, Alliance, and Bank. The parties agree as follows:
