0001370314-09-000021 Sample Contracts

TWELFTH LOAN MODIFICATION AGREEMENT
Loan Modification Agreement • August 5th, 2009 • Double-Take Software, Inc. • Services-prepackaged software

This Twelfth Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of June 30, 2009 and is effective as of April 29, 2009, by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 380 Interlocken Crescent, Suite 600, Broomfield, Colorado 80021 (“Bank”) and DOUBLE-TAKE SOFTWARE, INC., f/k/a NSI SOFTWARE, INC., successor by merger with NETWORK SPECIALISTS, INCORPORATED, a Delaware corporation with offices at Two Hudson Place, Suite 700, Hoboken, New Jersey 07030 (“Borrower”).

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