0001193125-08-208575 Sample Contracts

LOAN MODIFICATION AGREEMENT
Loan Modification Agreement • October 9th, 2008 • Vertical Communications, Inc. • Services-prepackaged software

This Loan Modification Agreement (this “Loan Modification Agreement’) is made this 15th day of October, 2007 and is effective as of the 30th day of September, 2007, by and between SILICON VALLEY BANK, a California-chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (“Bank”) and VERTICAL COMMUNICATIONS, INC., a Delaware corporation with its principal place of business at One Memorial Drive, Cambridge, Massachusetts 02142, VERTICAL COMMUNICATIONS ACQUISITION CORP., a Delaware corporation with its principal place of business at One Memorial Drive, Cambridge, Massachusetts 02142, VODAVI TECHNOLOGY, INC., a Delaware corporation with its principal place of business at One Memorial Drive, Cambridge, Massachusetts 02142 and VODAVI COMMUNICATIONS SYSTEMS, INC., an Arizona corporation with its principal place o

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FIRST AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • October 9th, 2008 • Vertical Communications, Inc. • Services-prepackaged software • New York

THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this “Agreement”) is made this 15th day of October, 2007 and is effective as of the 30th day of September, 2007 by and among (1) VERTICAL COMMUNICATIONS, INC., a Delaware corporation (“VCI”), VERTICAL COMMUNICATIONS ACQUISITION CORP., a Delaware corporation (“VCAC”), VODAVI TECHNOLOGY, INC., a Delaware corporation (“Vodavi”) and VODAVI COMMUNICATIONS SYSTEMS, INC., an Arizona corporation (“Vodavi Comm”, and collectively with VCI, VCAC and Vodavi, the “Borrowers” and each a “Borrower”), (2) COLUMBIA PARTNERS, L.L.C. INVESTMENT MANAGEMENT, as “Investment Manager”, and (v) NEIPF, L.P., as “Lender”.

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