SECOND AMENDED AND RESTATED COLLATERAL AGREEMENTCollateral Agreement • March 30th, 2010 • Avistar Communications Corp • Computer communications equipment • New York
For value received, and in consideration of one or more loans, letters of credit or other financial accommodations extended by JPMORGAN CHASE BANK, N.A. or any of its subsidiaries or affiliates (the “Bank”), to Avistar Communications Corporation, a Delaware corporation (the “Obligor”, and, if more than one, collectively, the “Obligor”), the undersigned and the Bank agree, as of December 22, 2009, as follows:
THIRD AMENDED AND RESTATED SECURITY AGREEMENTSecurity Agreement • March 30th, 2010 • Avistar Communications Corp • Computer communications equipment • New York
For value received, and in consideration of one or more loans, letters of credit or other financial accommodations extended by JPMorgan Chase Bank, N.A. or any of its subsidiaries or affiliates (the “Bank”), to Avistar Communications Corporation, a Delaware corporation (the “Grantor”), the Grantor and the Bank agree, as of December 22, 2009, as follows:
FOURTH AMENDED AND RESTATED SECURITY AGREEMENTSecurity Agreement • March 30th, 2010 • Avistar Communications Corp • Computer communications equipment • New York
For value received, and in consideration of one or more loans, letters of credit or other financial accommodations extended by JPMorgan Chase Bank, N.A. or any of its subsidiaries or affiliates (the “Bank”), to Avistar Communications Corporation, a Delaware corporation (the “Grantor”), the Grantor and the Bank agree, as of January 11, 2010, as follows:
NOTE SALE AGREEMENTNote Sale Agreement • March 30th, 2010 • Avistar Communications Corp • Computer communications equipment • New York
The Seller is the holder of the Second Amended and Restated Revolving Credit Promissory Note (Libor/Prime) dated as of December 22, 2009 executed and delivered by Avistar Communications Corporation, a Delaware corporation (the “Borrower”), to the Seller (as from time to time may be amended, restated or otherwise modified, the “Note”).
ContractPatent Purchase Agreement • March 30th, 2010 • Avistar Communications Corp • Computer communications equipment • Delaware
This PATENT PURCHASE AGREEMENT (this “Agreement”) is entered into, as of the Effective Date (defined below), by and between Avistar Communications Corporation, a Delaware corporation, with an office at 1875 South Grant St., 10th Floor, San Mateo, CA 94402 (“Seller”) and Intellectual Ventures Fund 61 LLC, a Nevada limited liability company, with an address at 7251 W Lake Mead Blvd, Suite 300, Las Vegas, NV 89128 (“Purchaser”). The parties hereby agree as follows:
FACILITY AGREEMENTFacility Agreement • March 30th, 2010 • Avistar Communications Corp • Computer communications equipment • New York
Reference is made to the Amended and Restated Revolving Credit Promissory Note (Libor/Prime) dated as of December 22, 2008 made by Avistar Communications Corporation, a Delaware corporation (the “Borrower”), to the order of JPMorgan Chase Bank, N.A. (the “Bank”) in the maximum principal amount of $10,000,000 (the “Original Note”).
FACILITY AGREEMENTFacility Agreement • March 30th, 2010 • Avistar Communications Corp • Computer communications equipment • New York
Reference is made to the Second Amended and Restated Revolving Credit Promissory Note (Libor/Prime) dated as of December 22, 2009 made by Avistar Communications Corporation, a Delaware corporation (the “Borrower”), to the order of JPMorgan Chase Bank, N.A. (the “Bank”) in the maximum principal amount of $11,250,000 (the “Note”).
