THIS AMENDED & RESTATED PROMISSORY NOTE (THIS “NOTE”) IS SUBJECT TO THE TERMS OF THAT CERTAIN SUBORDINATION AGREEMENT DATED AS OF MAY 15, 2014 BY AND BETWEEN PAYEE AND SILICON VALLEY BANK (AS AMENDED, SUPPLEMENTED OR OTHERWISE MODIFIED FROM TIME TO...Promissory Note • September 12th, 2014 • Overland Storage Inc • Computer storage devices • California
FOR VALUE RECEIVED, OVERLAND STORAGE, INC., a California corporation (“Maker”), unconditionally promises to pay SPHERE 3D CORPORATION, an Ontario corporation (“Payee”), on May 15, 2018 in the manner and at the place hereinafter provided, the principal amount equal to the lesser of (x) Ten Million and no/100 Dollars ($10,000,000.00) and (y) the unpaid principal amount of all advances made by Payee to Maker (plus, in each case, interest that has been added to the principal amount of this Note in accordance with the terms hereof). This Note amends and restates in its entirety that certain Promissory Note dated as of May 15, 2014 by Maker in favor of Payee (the “Existing Note”). This Note is executed and delivered in substitution for, but not in satisfaction of, the Existing Note, and this Note shall not constitute a refinancing or novation of the Existing Note.
