THIRD AMENDMENT AND CONSENT TO CREDIT AGREEMENTCredit Agreement • November 14th, 2006 • Sumtotal Systems Inc • Services-prepackaged software • New York
THIS THIRD AMENDMENT AND CONSENT TO CREDIT AGREEMENT (this “Amendment”), dated as of November 13, 2006, is entered into by and among the Lenders signatory hereto, WELLS FARGO FOOTHILL, INC., a California corporation, in its capacity as Agent for the Lenders and Bank Product Providers (in such capacity, “Agent”), and SUMTOTAL SYSTEMS, INC., a Delaware corporation (“Borrower”). Terms used herein without definition shall have the meanings ascribed to them in the Credit Agreement defined below.
AGREEMENT AND PLAN OF MERGER AND REORGANIZATION by and among SUMTOTAL SYSTEMS, INC., SEAL ACQUISITION CORPORATION, MINDSOLVE TECHNOLOGIES, INC. DANIEL D. BOCCABELLA, JR., JEFFREY ALLEN LYONS AND CHARLES V. STEADHAM, JR. as the Company Stockholders,...Agreement and Plan of Merger and Reorganization • November 14th, 2006 • Sumtotal Systems Inc • Services-prepackaged software • Florida
THIS AGREEMENT AND PLAN OF MERGER AND REORGANIZATION (this “Agreement”) is made and entered into as of November 13, 2006 by and among SumTotal Systems, Inc., a Delaware corporation (“Parent”), Seal Acquisition Corporation, a Florida corporation and a wholly owned subsidiary of Parent (“Merger Sub”), Mindsolve Technologies, Inc., a Florida Subchapter S corporation (the “Company”), Daniel D. Boccabella, Jr. (“Boccabella”), Jeffrey Allen Lyons (“Lyons”) and Charles V. Steadham, Jr. (“Steadham”) (as the Company Stockholders), and with respect to Article VIII, Article IX, and Article X hereof, Steadham as Stockholder Representative (the “Stockholder Representative”), and Mellon Investor Services LLC as Escrow Agent (the “Escrow Agent”).
