—] Shares FUSIONSTORM GLOBAL, INC. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • December 12th, 2011 • FusionStorm Global, Inc. • Telephone communications (no radiotelephone) • New York
FusionStorm Global, Inc., a Delaware corporation (the “Company”), proposes to sell [—] shares (the “Firm Stock”) of the Company’s common stock, par value $0.00000001 per share (the “Common Stock”). In addition, the Company proposes to grant to the underwriters (the “Underwriters”) named in Schedule I attached to this agreement (this “Agreement”) an option to purchase up to [—] additional shares of the Common Stock on the terms set forth in Section 2 (the “Option Stock”). The Firm Stock and the Option Stock, if purchased, are hereinafter collectively called the “Stock”. This Agreement is to confirm the agreement concerning the purchase of the Stock from the Company by the Underwriters.
INVENTORY FINANCING AGREEMENTInventory Financing Agreement • December 12th, 2011 • FusionStorm Global, Inc. • Telephone communications (no radiotelephone) • Illinois
This Inventory Financing Agreement (as from time to time amended and together with any Transaction Statements, as hereinafter defined, “Agreement”) is between GE Commercial Distribution Finance Corporation (“CDF”), with its chief executive office and principal place of business at 5595 Trillium Boulevard, Hoffman Estates, Illinois 60192 and fusionstorm, a Delaware corporation (“Dealer”).
BUSINESS FINANCING AGREEMENTBusiness Financing Agreement • December 12th, 2011 • FusionStorm Global, Inc. • Telephone communications (no radiotelephone) • Illinois
This Business Financing Agreement (as from time to time amended, “Agreement”) is between GE Commercial Distribution Finance Corporation (“CDF”), with its chief executive office and principal place of business at 5595 Trillium Boulevard, Hoffman Estates, Illinois 60192 and fusionstorm, a Delaware corporation (“Dealer”).
AMENDMENT NO. 2 TO THE ADDENDUM TO INVENTORY FINANCING AGREEMENT AND THE BUSINESS FINANCING AGREEMENT, THE INVENTORY FINANCING AGREEMENT AND THE BUSINESS FINANCING AGREEMENTBusiness Financing Agreement • December 12th, 2011 • FusionStorm Global, Inc. • Telephone communications (no radiotelephone) • Illinois
This Amendment No. 2 to the Addendum to the Inventory Financing Agreement and the Business Financing Agreement and to the Inventory Financing Agreement and the Business Financing Agreement (this “Agreement”) is entered into and effective as of August 10th, 2011, and is by and between fusionstorm, a Delaware corporation (“Dealer”), and GE Commercial Distribution Finance Corporation (“CDF”).
PAYDOWN AMENDMENT TO INVENTORY FINANCING AGREEMENTInventory Financing Agreement • December 12th, 2011 • FusionStorm Global, Inc. • Telephone communications (no radiotelephone)
This Amendment is made to that certain Inventory Financing Agreement entered into by and between RED RIVER COMPUTER CO., INC. (“Dealer”) and GE Commercial Distribution Finance Corporation (“CDF”) on March 23, 2010, as amended (“Agreement”).
ADDENDUM TO BUSINESS FINANCING AGREEMENT AND INVENTORY FINANCING AGREEMENTBusiness Financing Agreement And • December 12th, 2011 • FusionStorm Global, Inc. • Telephone communications (no radiotelephone)
This Addendum is made to (i) that certain Business Financing Agreement executed on the 16th day of June 2010, between Global Technology Resources, Inc. (“Dealer”) and GE Commercial Distribution Finance Corporation (“CDF”), as amended (“BFA”) and (ii) that certain Inventory Financing Agreement between Dealer and CDF dated June 16, 2010 as amended (“IFA”) (the BFA and IFA are collectively referred to herein as the “Agreement”).
ADDENDUM TO INVENTORY FINANCING AGREEMENT AND BUSINESS FINANCING AGREEMENTInventory Financing Agreement • December 12th, 2011 • FusionStorm Global, Inc. • Telephone communications (no radiotelephone)
This Addendum is made to (i) that certain Inventory Financing Agreement dated September 30, 2009, as, between fusionstorm (“Dealer”) and GE Commercial Distribution Finance Corporation (“CDF”), as amended (“IFA”) and (ii) that certain Business Financing Agreement between Dealer and CDF dated September 30, 2009, as amended (“BFA”).
THIRD AMENDMENT TO FORBEARANCE AGREEMENTForbearance Agreement • December 12th, 2011 • FusionStorm Global, Inc. • Telephone communications (no radiotelephone) • Illinois
This THIRD AMENDMENT TO FORBEARANCE AGREEMENT (this “Agreement”) is entered into as of May 31, 2011 (the “Effective Date”), by and between fusionstorm, a Delaware corporation (“Dealer”), and GE Commercial Distribution Finance Corporation (“CDF”).
FIRST AMENDMENT TO FORBEARANCE AGREEMENT AND LOAN AGREEMENTForbearance Agreement and Loan Agreement • December 12th, 2011 • FusionStorm Global, Inc. • Telephone communications (no radiotelephone) • Illinois
This FIRST AMENDMENT TO FORBEARANCE AGREEMENT AND LOAN AGREEMENT (this “Agreement”) is entered into and effective as of November 9, 2010 (the “Effective Date”), by and between fusionstorm, a Delaware corporation (“Dealer”), and GE Commercial Distribution Finance Corporation (“CDF”).
FORBEARANCE AGREEMENTForbearance Agreement • December 12th, 2011 • FusionStorm Global, Inc. • Telephone communications (no radiotelephone) • Illinois
This FORBEARANCE AGREEMENT (this “Agreement”) is entered into and effective as of August 26, 2010 (the “Effective Date”), by and between fusionstorm, a Delaware corporation (“Dealer”), and GE Commercial Distribution Finance Corporation (“CDF”).
AMENDMENT NO. 1 TO THE ADDENDUM TO INVENTORY FINANCING AGREEMENT AND BUSINESS FINANCING AGREEMENT WITH CONSENT TO BUSINESS FINANCING AGREEMENTInventory Financing Agreement • December 12th, 2011 • FusionStorm Global, Inc. • Telephone communications (no radiotelephone) • Illinois
This Amendment No. 1 to the Addendum to Inventory Financing Agreement and Business Financing Agreement and Consent to Business Financing Agreement (this “Agreement”) is entered into and effective as of April 9, 2010, and is by and between fusionstorm, a Delaware corporation (“Dealer”), and GE Commercial Distribution Finance Corporation (“CDF”).
SECOND AMENDMENT TO FORBEARANCE AGREEMENTForbearance Agreement • December 12th, 2011 • FusionStorm Global, Inc. • Telephone communications (no radiotelephone) • Illinois
This SECOND AMENDMENT TO FORBEARANCE AGREEMENT (this “Agreement”) is entered into as of April , 2011 but effective as of March 9, 2011 (the “Effective Date’”), by and between fusionstorm, a Delaware corporation (“Dealer”), and GE Commercial Distribution Finance Corporation (“CDF”).
AMENDMENT NO. 1 TO STOCK PURCHASE AGREEMENTStock Purchase Agreement • December 12th, 2011 • FusionStorm Global, Inc. • Telephone communications (no radiotelephone) • Delaware
This Amendment No. 1 to Stock Purchase Agreement (this “Amendment”) is made and entered into as of December 9, 2011, by and among FusionStorm Global Inc. (f/k/a Synergy Acquisition Corp.), a Delaware corporation (“Synergy”), Red River Computer Co., Inc., a New Hampshire corporation (the “Company”), each of the Company Shareholders and Richard A. Bolduc as representative of the Company Shareholders (the “Shareholders’ Representative”). Capitalized terms used but not defined herein shall have the meanings given to such terms in the Purchase Agreement (as defined below).
VOTING AGREEMENTVoting Agreement • December 12th, 2011 • FusionStorm Global, Inc. • Telephone communications (no radiotelephone) • Delaware
This Voting Agreement (this “Agreement”) is made and entered into as of this 14th day of May, 2011, by and among Synergy Acquisition Corp., a Delaware corporation (“Parent”), FS Merger Sub, Inc., a Delaware corporation and a wholly owned subsidiary of Parent (“Sub”), and John G. Varel, individually (“Mr. Varel”) and as Trustee of The John G. Varel Trust, dated June 13, 2008 (the “Shareholder”).
AMENDMENT TO INVENTORY FINANCING AGREEMENT AND BUSINESS FINANCING AGREEMENTInventory Financing Agreement • December 12th, 2011 • FusionStorm Global, Inc. • Telephone communications (no radiotelephone)
This Amendment is made to (i) that certain Inventory Financing Agreement executed on the 23rd day of March, 2010, between RED RIVER COMPUTER CO., INC. (“Dealer”) and GE Commercial Distribution Finance Corporation (“CDF”), as amended (“IFA”) and (ii) that certain Business Financing Agreement between Dealer and CDF dated August 18, 2011, as amended (“BFA”).
