AMENDED AND RESTATED CREDIT AGREEMENT Dated as of December 19, 2011 among TIBCO SOFTWARE INC., as a Borrower, and CERTAIN SUBSIDIARIES, as Designated Borrowers, BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer,...Credit Agreement • December 21st, 2011 • Tibco Software Inc • Services-prepackaged software • New York
This AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) is entered into as of December 19, 2011 among TIBCO SOFTWARE INC., a Delaware corporation (the “Company”), and certain Subsidiaries of the Company from time to time party hereto pursuant to Section 2.14 (each such Subsidiary, a “Designated Borrower” and, together with the Company, the “Borrowers” and each, a “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer.
SUBSIDIARY GUARANTY (Netherlands)Subsidiary Guaranty • December 21st, 2011 • Tibco Software Inc • Services-prepackaged software • New York
This SUBSIDIARY GUARANTY (Netherlands), dated as of December 19, 2011 (as amended, restated, extended, supplemented or otherwise modified from time to time, this “Subsidiary Guaranty”), is made by each Subsidiary of TIBCO SOFTWARE INC., a Delaware corporation (the “Company”), from time to time party hereto as set forth on Schedule I attached hereto (each individually, a “Guarantor” and, collectively, the “Guarantors”), in favor of BANK OF AMERICA, N.A., as administrative agent (together with its successor(s) thereto in such capacity, the “Administrative Agent”) for each of the Lenders and the L/C Issuer (together with the Administrative Agent, collectively, the “Lender Parties”).
COMPANY GUARANTYCompany Guaranty • December 21st, 2011 • Tibco Software Inc • Services-prepackaged software • New York
This COMPANY GUARANTY, dated as of December 19, 2011 (as amended, restated, extended, supplemented or otherwise modified from time to time, this “Company Guaranty”), is made by TIBCO SOFTWARE INC., a Delaware corporation (the “Guarantor”) in favor of BANK OF AMERICA, N.A., as administrative agent (together with its successor(s) thereto in such capacity, the “Administrative Agent”) for each of the Lenders and the L/C Issuer (together with the Administrative Agent, collectively, the “Lender Parties”).
