Private Client Group Merrill Lynch Business Financial Services Inc. 222 North LaSalle Street 17th FloorForbearance Agreement • April 17th, 2007 • DND Technologies Inc • Retail-catalog & mail-order houses
This Letter Agreement (the “Letter Agreement”) will serve to confirm certain agreements of Merrill Lynch Business Financial Services Inc. (“MLBFS”) and Aspect Systems, Inc. (“Customer”) with respect to: (i) that certain FORBEARANCE AGREEMENT (the “Forbearance Agreement”) dated as of July 17, 2006 between MLBFS and Customer and the other Obligors (as that term is defined in Forbearance Agreement), (ii) that certain TERM LOAN AND SECURITY AGREEMENT No. 912852522 dated as of May 14, 2004 between MLBFS and Customer (including any and all amendments and extensions or modifications thereof) (collectively the “Loan Agreement”), and (iii) all other agreements between MLBFS and Customer or any party who has guaranteed or provided collateral for Customer’s obligations to MLBFS (a “Guarantor”) in connection therewith (collectively the “Other Agreement”; the Other Agreements, along with the FORBEARANCE AGREEMENT, and the LOAN AGREEMENT are collectively, the “Loan Documents”). Capitalized terms use
