SECURITY AGREEMENTSecurity Agreement • July 1st, 2009 • Axs One Inc • Services-prepackaged software • New York
This SECURITY AGREEMENT is made as of June 26, 2009 among BlueLine Capital Partners, LP, a Delaware limited partnership with an office located at 4115 Blackhawk Plaza Circle, Suite 100, Danville, CA 94596, as agent (hereinafter, in such capacity, the “Agent”) for itself and the other lenders listed on the signature page hereto (hereinafter, collectively, the “Secured Parties”), and AXS-One Inc., a Delaware corporation with its chief executive office located at 301 Route 17 North, Rutherford, NJ 07070 (the “Debtor”).
ContractSubordination Agreement • July 1st, 2009 • Axs One Inc • Services-prepackaged software • New York
THIS SECURITY AND THE RIGHTS PROVIDED HEREIN ARE SUBJECT IN ALL RESPECTS TO THE TERMS OF THE THIRD AMENDED AND RESTATED SUBORDINATION AGREEMENT OF EVEN DATE HEREWITH AMONG THE AGENT OF THE PAYEE, THE AGENT OF THE HOLDERS OF THE SERIES A 6% SECURED CONVERTIBLE PROMISSORY NOTES, THE SERIES B 6% SECURED CONVERTIBLE PROMISSORY NOTES, THE SERIES C 6% SECURED CONVERTIBLE PROMISSORY NOTES, THE SERIES D 6% SECURED CONVERTIBLE PROMISSORY NOTES AND THE SERIES E 6% SECURED CONVERTIBLE PROMISSORY NOTES AND SAND HILL FINANCE, LLC.
FOURTH SECURITY AGREEMENT AMENDMENTSecurity Agreement • July 1st, 2009 • Axs One Inc • Services-prepackaged software • New York
This FOURTH SECURITY AGREEMENT AMENDMENT (this “Amendment”) is made as of June 26, 2009 among BlueLine Capital Partners, LP, a Delaware limited partnership with an office located at 4115 Blackhawk Plaza Circle, Suite 100, Danville, CA 94596, as agent (hereinafter, in such capacity, the “Agent”) for itself and the other lenders listed on the signature pages hereto (hereinafter, collectively, the “Secured Parties”), the Secured Parties and AXS-One Inc., a Delaware corporation with its principal executive offices located at 301 Route 17 North, Rutherford, NJ 07070 (the “Debtor”).
STANDBY CONVERTIBLE NOTE PURCHASE AGREEMENT by and among AXS-One Inc. and the parties named herein on Schedule 1, as Purchasers June 26, 2009Standby Convertible Note Purchase Agreement • July 1st, 2009 • Axs One Inc • Services-prepackaged software • New York
This STANDBY CONVERTIBLE NOTE PURCHASE AGREEMENT (this “Agreement”) is dated as of June 26, 2009, among AXS-One Inc., a Delaware corporation (the “Company”), and the purchasers identified on Schedule 1 hereto (each a “Purchaser” and collectively the “Purchasers”).
THIRD AMENDED AND RESTATED SUBORDINATION AGREEMENTSubordination Agreement • July 1st, 2009 • Axs One Inc • Services-prepackaged software • California
This Third Amended and Restated Subordination Agreement is made as of June 26, 2009 by and among BlueLine Capital Partners, LP, a Delaware limited partnership, as agent (“PIPE Agent”) for the secured parties under the PIPE Security Agreement (as defined below), BlueLine Capital Partners, LP, a Delaware limited partnership, as agent (“Debt Agent”, and together with the PIPE Agent, the “Agents”) for the secured parties under the Debt Security Agreement (as defined below), and Sand Hill Finance, LLC (“SHF”).
