LOAN AGREEMENTLoan Agreement • October 4th, 2006 • Rackable Systems, Inc. • Electronic computers • California
This LOAN AGREEMENT (this “Agreement”) entered into at San Francisco, California, as of September 29, 2006, between Rackable Systems, Inc., a Delaware corporation, with its executive offices located at 1933 Milmont Drive, Milpitas, California 95035 (the “Borrower”) and HSBC Bank USA, National Association, a bank organized under the laws of the United States of America, with an address of 601 Montgomery Street, San Francisco, California 94111 (the “Bank”).
REVOLVING NOTERevolving Note • October 4th, 2006 • Rackable Systems, Inc. • Electronic computers
For value received, the undersigned Rackable Systems, Inc., a Delaware corporation, with an address of 1933 Milmont Drive, Milpitas, California 95035 (the “Borrower”), promises to pay to the order of HSBC Bank USA, National Association, a bank organized under the laws of the United States of America with an address of 601 Montgomery Street, San Francisco, California 94111 (together with its successors and assigns, the “Bank”), the principal amount of Twenty-Five Million Dollars and Zero Cents ($25,000,000.00) or, if less, such amount as may be the aggregate unpaid principal amount of all loans or advances made by the Bank to the Borrower pursuant hereto on or before the Expiration Date of this Note, together with interest from the date hereof on the unpaid principal balance from time to time outstanding until paid in full.
