CREDIT AGREEMENT by and among MONOTYPE IMAGING HOLDINGS INC. as Parent, MONOTYPE IMAGING INC. as Borrower, THE LENDERS THAT ARE SIGNATORIES HERETO as the Lenders, and WELLS FARGO CAPITAL FINANCE, LLC as the Agent Dated as of July 13, 2011Credit Agreement • July 19th, 2011 • Monotype Imaging Holdings Inc. • Services-computer programming services • New York
determined on a consolidated basis in accordance with GAAP; provided, however that for purposes of calculating Adjusted EBITDA, transaction costs in connection with a Permitted Acquisition shall be determined without giving effect to the Financial Accounting Standards Board’s Statement No. 141R.
GENERAL CONTINUING GUARANTYGeneral Continuing Guaranty • July 19th, 2011 • Monotype Imaging Holdings Inc. • Services-computer programming services • New York
This GENERAL CONTINUING GUARANTY (this “Guaranty”), dated as of July 13, 2011 is executed and delivered by the Persons listed on the signature pages hereof under the caption “Guarantor” and any additional entities acceding hereto (collectively, jointly and severally, the “Guarantors” and each a “Guarantor”), in favor of WELLS FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company, as agent for the below defined Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns, if any, in such capacity, “Agent”), in light of the following:
SECURITY AGREEMENTSecurity Agreement • July 19th, 2011 • Monotype Imaging Holdings Inc. • Services-computer programming services • New York
This SECURITY AGREEMENT (this “Agreement”), dated as of July 13, 2011, among the Persons listed on the signature pages hereof as “Grantors” and those additional entities that hereafter become parties hereto by executing the form of Joinder attached hereto as Annex 1 (each, a “Grantor” and collectively, the “Grantors”), and WELLS FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company (“WFCF”), in its capacity as agent for the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”).
