THIRD AMENDED AND RESTATED CREDIT AGREEMENT by and among SILICON GRAPHICS, INC. and EACH OF ITS SUBSIDIARIES THAT ARE SIGNATORIES HERETO as Borrowers, THE LENDERS THAT ARE SIGNATORIES HERETO as the Lenders, and WELLS FARGO FOOTHILL, INC. as the...Credit Agreement • October 25th, 2005 • Silicon Graphics Inc • Electronic computers • New York
THIS THIRD AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”), is entered into as of October 24, 2005, by and among the lenders identified on the signature pages hereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), WELLS FARGO FOOTHILL, INC., a California corporation, as the arranger and administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, “Agent”), SILICON GRAPHICS, INC., a Delaware corporation (“Parent”), and each of Parent’s Subsidiaries identified on the signature pages hereof (such Subsidiaries, together with Parent, are referred to hereinafter each individually as a “Borrower”, and collectively, jointly and severally, as the “Borrowers”).
SECURITY AGREEMENTSecurity Agreement • October 25th, 2005 • Silicon Graphics Inc • Electronic computers • New York
This SECURITY AGREEMENT (this “Agreement”) is made as of the 24th day of October, 2005, among Grantors listed on the signature pages hereof (collectively, jointly and severally, “Grantors” and each individually “Grantor”), and WELLS FARGO FOOTHILL, INC., in its capacity as administrative agent for the Lender Group and the Bank Product Provider (together with its successors, “Agent”).
PATENT SECURITY AGREEMENTPatent Security Agreement • October 25th, 2005 • Silicon Graphics Inc • Electronic computers
Silicon Graphics, Inc., a Delaware corporation, Silicon Graphics Federal, Inc., a Delaware corporation, and Silicon Graphics World Trade Corporation, a Delaware corporation (collectively, “Grantor”), for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, grant to Wells Fargo Foothill Capital, Inc., a California corporation, as agent for and representative of (in such capacity herein called “Secured Party”) the Bank Product Provider and the financial institutions (“Lenders”) party to that certain Third Amended and Restated Credit Agreement, entered into by and among the Grantor, Agent, and Lenders, dated as of October 24, 2005 ( the “Credit Agreement”), a continuing security interest in the following property:
TRADEMARK SECURITY AGREEMENTTrademark Security Agreement • October 25th, 2005 • Silicon Graphics Inc • Electronic computers
Silicon Graphics, Inc., a Delaware corporation, Silicon Graphics Federal, Inc., a Delaware corporation, and Silicon Graphics World Trade Corporation, a Delaware corporation (collectively, “Grantor”), for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, grant to Wells Fargo Foothill Capital, Inc., a California corporation, as agent for and representative of (in such capacity herein called “Secured Party”) the Bank Product Provider and the financial institutions (“Lenders”) party to that certain Third Amended and Restated Credit Agreement, entered into by and among the Grantor, Agent, and Lenders, dated as of October 24, 2005 ( the “Credit Agreement”), a continuing security interest in the following property:
COPYRIGHT SECURITY AGREEMENTCopyright Security Agreement • October 25th, 2005 • Silicon Graphics Inc • Electronic computers
Silicon Graphics, Inc., a Delaware corporation, Silicon Graphics Federal, Inc., a Delaware corporation, and Silicon Graphics World Trade Corporation, a Delaware corporation (collectively, “Grantor”), for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, grant to Wells Fargo Foothill Capital, Inc., a California corporation, as agent for and representative of (in such capacity herein called “Secured Party”) the Bank Product Provider and the financial institutions (“Lenders”) party to that certain Third Amended and Restated Credit Agreement, entered into by and among the Grantor, Agent, and Lenders, dated as of October 24, 2005 ( the “Credit Agreement”), a continuing security interest in the following property.
INTELLECTUAL PROPERTY SECURITY AGREEMENTIntellectual Property Security Agreement • October 25th, 2005 • Silicon Graphics Inc • Electronic computers • New York
This Intellectual Property Security Agreement (this “Agreement”), dated as of October 24, 2005, is made by and among Grantors listed on the signature pages hereof (collectively, jointly and severally, “Grantors” and each individually “Grantor”), and WELLS FARGO FOOTHILL, INC., in its capacity as administrative agent for the Lender Group and the Bank Product Provider (together with its successors, “Agent”), with respect to the following facts:
