DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF RENTS AND LEASES, AND FIXTURE FILING (CALIFORNIA)Quest Software Inc • August 7th, 2009 • Services-prepackaged software • California
This Deed of Trust, Security Agreement, Assignment of Rents and Leases, and Fixture Filing (“Deed of Trust”) is made as of August 3, 2009 (“Execution Date”), by and among Quest Software, Inc., a Delaware corporation, as “Trustor”, the successor by merger to Quest Software, Inc., a Delaware corporation, whose mailing address is 5 Polaris Way, Aliso Viejo, CA 92656; (ii) Mutual of Omaha Bank, a federally chartered thrift, as “Beneficiary”, whose mailing address is 4657 MacArthur Court, Suite 1480, Newport Beach, CA 92660; and (iii) Fidelity National Title Company, a California corporation, as “Trustee”, whose mailing address is 1737 North First Street, Suite 100, San Jose, CA 95112.
LOAN AND SECURITY AGREEMENT (Quest Software – Polaris Way – Loan No. 3700038-001)Loan and Security Agreement • August 7th, 2009 • Quest Software Inc • Services-prepackaged software • California
For valuable consideration, the receipt and sufficiency of which are acknowledged, Lender and Borrower agree as follows:
ENVIRONMENTAL CERTIFICATION AND INDEMNITY AGREEMENTEnvironmental Certification • August 7th, 2009 • Quest Software Inc • Services-prepackaged software
This Environmental Certification and Indemnity Agreement (“Agreement”) is executed as of August 3, 2009 (“Agreement Date”), by Quest Software, Inc., a Delaware corporation (“Obligor”), in favor of Mutual of Omaha Bank, a federally chartered thrift (“Lender”). This Agreement is made and given by the Obligor as a condition to, and to induce Lender to make a loan (“Loan”) described in the concurrently dated Loan and Security Agreement and evidenced by a concurrently dated Secured Promissory Note executed by Obligor, as maker, and payable to the order of Lender in the original principal face amount of $34,000,000.00. The Loan is secured by a Deed of Trust, Security Agreement, Assignment of Rents and Leases, and Fixture Filing (“Deed of Trust”) dated concurrently with this Agreement, encumbering the real and personal property as described in the Deed of Trust (collectively, the “Property”), including the land described in the attached Exhibit “A”. The term “Loan Documents,” as used in this
