SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • July 1st, 2011 • Sonic Foundry Inc • Radio & tv broadcasting & communications equipment • Maryland
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of June 27, 2011 (the “Effective Date”) between SILICON VALLEY BANK, a California corporation with a loan production office located at 380 Interlocken Crescent, Suite 600, Broomfield, Colorado 80021 (“Bank”), SONIC FOUNDRY, INC., Maryland corporation (“Sonic Foundry”), and SONIC FOUNDRY MEDIA SYSTEMS, INC., a Maryland corporation (“Sonic Systems” and together with Sonic Foundry, jointly and severally, individually and collectively, the “Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. This Agreement amends and restates in its entirety a certain Amended and Restated Loan and Security Agreement dated as of June 16, 2008, between Borrower and Bank, as amended by a certain First Amendment to Amended and Restated Loan and Security Agreement, dated as of April 1, 2009 (as amended, the “Prior Loan Agreement”). The parties hereby agree as follows:
LEASE AGREEMENT BETWEEN WEST WASHINGTON ASSOCIATES LLC AND SONIC FOUNDRYLease Agreement • July 1st, 2011 • Sonic Foundry Inc • Radio & tv broadcasting & communications equipment
THIS LEASE, made and entered into at Madison, Wisconsin as of this day of , 2011, by and between West Washington Associates LLC, a Wisconsin limited liability company (“Landlord”), and Sonic Foundry, Inc., a Maryland corporation (“Tenant”).
CONSENT AND MODIFICATION NO. 1 TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • July 1st, 2011 • Sonic Foundry Inc • Radio & tv broadcasting & communications equipment • California
This Consent and Modification No. 1 to Loan and Security Agreement (“Modification”) is entered into as of June 28, 2011, by and between Partners for Growth II, L.P., a Delaware limited partnership with its principal place of business at 150 Pacific Avenue, San Francisco, California 94111 (“PFG”) and each of Sonic Foundry, Inc. and Sonic Foundry Media Systems, Inc., each a Maryland corporation with its principal place of business at 222 W. Washington Avenue, Madison, WI 53703 (individually and collectively, jointly and severally, “Borrower”).
