FORBEARANCE AGREEMENT AND FOURTH AMENDMENT TO THE CREDIT AGREEMENTForbearance Agreement and Fourth • November 9th, 2009 • Purple Communications, Inc. • Radiotelephone communications • New York
This FORBEARANCE AGREEMENT AND FOURTH AMENDMENT TO CREDIT AGREEMENT (this “Agreement”) is made and entered into as of October 15, 2009, by and among the Lenders identified on the signature pages hereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), Purple Communications, Inc. (f/k/a GoAmerica, Inc.), a Delaware corporation (“Borrower”), the other Loan Parties signatory hereto, Churchill Financial LLC, as L/C Issuer and as administrative agent for the Lenders and the L/C Issuers (in such capacity, and together with its successors and permitted assigns, the “Administrative Agent”) and Ableco Finance LLC, as collateral agent for the Lenders and the L/C Issuers (in such capacity, and together with its successors and permitted assigns, the “Collateral Agent”, and together with the Administrative Agent, collectively, the “Agents”).
FIRST AMENDMENT TO FORBEARANCE AGREEMENT AND FOURTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • November 9th, 2009 • Purple Communications, Inc. • Radiotelephone communications • New York
This FIRST AMENDMENT TO FORBEARANCE AGREEMENT AND FOURTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is made and entered into as of October 30, 2009, by and among the Lenders identified on the signature pages hereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), Purple Communications, Inc. (f/k/a GoAmerica, Inc.), a Delaware corporation (“Borrower”), the other Loan Parties signatory hereto, Churchill Financial LLC, as L/C Issuer and as administrative agent for the Lenders and the L/C Issuers (in such capacity, and together with its successors and permitted assigns, the “Administrative Agent”) and Ableco Finance LLC, as collateral agent for the Lenders and the L/C Issuers (in such capacity, and together with its successors and permitted assigns, the “Collateral Agent”, and together with the Administrative Agent, collectively, the “Agents”).
FORBEARANCE AGREEMENT AND FOURTH AMENDMENT TO THE SECOND LIEN CREDIT AGREEMENTForbearance Agreement and Fourth • November 9th, 2009 • Purple Communications, Inc. • Radiotelephone communications • New York
This FORBEARANCE AGREEMENT AND FOURTH AMENDMENT TO THE SECOND LIEN CREDIT AGREEMENT (the “Agreement”) is made and entered into as of November 4, 2009, by and among the Lenders identified on the signature pages hereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), Purple Communications, Inc. (f/k/a GoAmerica, Inc.), a Delaware corporation (“Borrower”), the other Loan Parties signatory hereto and Clearlake Capital Group, L.P. as administrative agent for the Lenders (in such capacity, and together with its successors and permitted assigns, the “Administrative Agent”).
SECOND AMENDMENT TO FORBEARANCE AGREEMENT AND FORTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • November 9th, 2009 • Purple Communications, Inc. • Radiotelephone communications • New York
This SECOND AMENDMENT TO FORBEARANCE AGREEMENT AND FOURTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is made and entered into as of November 4, 2009, by and among the Lenders identified in the signature page hereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), Purple Communications, Inc. (f/k/a GoAmerica, Inc.), a Delaware corporation (“Borrower”), the other Loan Parties signatory hereto, Churchill Financial LLC, as L/C Issuer and as administrative agent for the Lenders and the L/C Issuers (in such capacity, and together with its successors and permitted assigns, the “Administrative Agent”) and Ableco Finance LLC, as collateral agent for the Lenders and the L/C Issuers (in such capacity and together with its successors and permitted assigns, the “Collateral Agent”, and together with the Administrative Agent, collectively, the “Agents”).
FIRST AMENDMENT TO INTERCREDITOR AGREEMENTIntercreditor Agreement • November 9th, 2009 • Purple Communications, Inc. • Radiotelephone communications • New York
This FIRST AMENDMENT, dated as of November 4, 2009 (the “Amendment”), to the Intercreditor Agreement referred to below is by and among Churchill Financial LLC, a Delaware limited liability company, in its capacity as administrative agent pursuant to the First Lien Loan Agreement acting for and on behalf of the parties thereto as lenders (in such capacity, “First Lien Administrative Agent”), Ableco Finance LLC, a Delaware limited liability company, in its capacity as collateral agent pursuant to the First Lien Loan Agreement acting for and on behalf of the parties thereto as lenders (in such capacity, “First Lien Collateral Agent” and together with the First Lien Administrative Agency, collectively, the “First Lien Agents”), and Clearlake Capital Group, L.P., a Delaware limited partnership, in its capacity as administrative agent pursuant to the Second Lien Loan Agreement acting for and on behalf of the parties thereto as lenders (in such capacity, “Second Lien Agent”).
