THIRD FORBEARANCE TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 17th, 2006 • Act Teleconferencing Inc • Communications services, nec • Colorado
This Third Forbearance to Loan and Security Agreement (this “Agreement”) is entered into this 31st day of August, 2005, by and among Silicon Valley Bank (“Bank” or “Silicon”) and each of the following named corporations: ACT Teleconferencing Inc., ACT Teleconferencing Services, Inc., ACT Videoconferencing, Inc., ACT Proximity, Inc., and ACT Research, Inc. (collectively and jointly and severally, the “Borrowers” and separately, a “Borrower”), with ACT Teleconferencing, Inc., whose chief executive office is located at 1526 Cole Boulevard, Suite 300, Golden, CO 80401, acting as the Borrowers’ agent.
FORBEARANCE AND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 17th, 2006 • Act Teleconferencing Inc • Communications services, nec • Colorado
This FORBEARANCE AND AMENDMENT to Loan and Security Agreement (this “Amendment”) is entered into this 31st day of May, 2005, by and among Silicon Valley Bank (“Bank” or “Silicon”) and each of the following named corporations: ACT Teleconferencing, Inc., ACT Teleconferencing Services, Inc., ACT Videoconferencing, Inc., ACT Proximity, Inc., and ACT Research, Inc. (collectively and jointly and severally, the “Borrowers” and separately, a “Borrower”), with ACT Teleconferencing, Inc., whose chief executive office is located at 1526 Cole Boulevard, Suite 300, Golden, CO 80401, acting as the Borrowers’ agent.
EIGHTH WAIVER, AMENDMENT AND FORBEARANCE AGREEMENTAnd Forbearance Agreement • April 17th, 2006 • Act Teleconferencing Inc • Communications services, nec • Colorado
This Eighth Waiver, Amendment and Forbearance Agreement (“Waiver”) is effective as of August 16, 2004 and relates to the Warrant Agreement dated as of May 12, 2003 (the Warrant Agreement”) among NewWest Mezzanine Fund, LP (“NewWest”), KCEP Ventures II, L.P. (“KCEP”), Convergent Capital Partners I, L.P. (“Convergent”), James F. Seifert Management Trust dated October 8, 1992 (the “Trust”) (collectively, the “Purchaser”) and ACT Teleconferencing, Inc. (“Holdings”), as amended and the Note Agreement dated as of May 12, 2003 among NewWest, KCEP, Convergent, the Trust, Holdings and certain subsidiaries of Holdings (the “Note Agreement”). Other capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Note Agreement.
SECOND FORBEARANCE, CONSENT AND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 17th, 2006 • Act Teleconferencing Inc • Communications services, nec • Colorado
This SECOND FORBEARANCE, CONSENT AND AMENDMENT to Loan and Security Agreement (this “Amendment”) is entered into this 22nd day of July, 2005, by and among Silicon Valley Bank (“Bank” or “Silicon”) and each of the following named corporations: ACT Teleconferencing, Inc., ACT Teleconferencing Services, Inc., ACT Videoconferencing, Inc., ACT Proximity, Inc., and ACT Research, Inc. (collectively and jointly and severally, the “Borrowers” and separately, a “Borrower”), with ACT Teleconferencing, Inc., whose chief executive office is ‘ located at 1526 Cole Boulevard, Suite 300, Golden, CO 80401, acting as the Borrowers’ agent.
SEVENTH AMENDMENT AGREEMENTSeventh • April 17th, 2006 • Act Teleconferencing Inc • Communications services, nec • Colorado
This Seventh Amendment (“Amendment”) is effective as of May 14, 2004 and relates to the Note Agreement dated as of May 12, 2003, as amended (the “Note Agreement”) among NewWest Mezzanine Fund, LP (“NewWest”), KCEP Ventures II, L.P. (“KCEP”), Convergent Capital Partners I, L.P. (“Convergent”), James F. Seifert Management Trust dated October 8, 1992 (the “Trust”), ACT Teleconferencing, Inc. (“Holdings”), ACT Teleconferencing Services, Inc. (the “Services”) and certain Co-Borrowers listed on the signature page of this Amendment (the “Co-Borrowers). Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Note Agreement.
AMENDMENT TO INVESTOR RIGHTS AGREEMENT (Dated as of April 13, 2006)Investor Rights Agreement • April 17th, 2006 • Act Teleconferencing Inc • Communications services, nec • New York
Reference is made to the INVESTOR RIGHTS AGREEMENT, dated as of August 18, 2005 (the “Investor Rights Agreement”), between DOLPHIN DIRECT EQUITY PARTNERS, LP, a Delaware limited partnership, and ACT TELECONFERENCING, INC., a Colorado corporation.
CONSENT UNDER LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 17th, 2006 • Act Teleconferencing Inc • Communications services, nec • Colorado
This CONSENT under Loan and Security Agreement (this “Consent”) is entered into as of the 31st day of October, 2005, by and among Silicon Valley Bank (“Bank” or “Silicon”) and each of the following named corporations: ACT Teleconferencing, Inc., ACT Teleconferencing Services, Inc., ACT Videoconferencing, Inc., ACT Proximity, Inc., and ACT Research, Inc. (collectively and jointly and severally, the “Borrowers” and separately, a “Borrower”), with ACT Teleconferencing, Inc., whose chief executive office is located at 1526 Cole Boulevard, Suite 300, Golden, CO 80401, acting as the Borrowers’ agent.
