REVOLVING CREDIT AND SECURITY AGREEMENT PNC BANK, NATIONAL ASSOCIATION (AS LENDER AND AS AGENT) AND The Financial Institutions Named Herein Or Which Hereafter Become A Party Hereto WITH EMTEC, INC. (a Delaware corporation), EMTEC, INC. (a New Jersey...Security Agreement • January 6th, 2012 • Emtec Inc/Nj • Services-business services, nec • Pennsylvania
Revolving Credit and Security Agreement dated as of December 30, 2011 among Emtec, Inc. (a Delaware corporation) (“Emtec DE”), Emtec, Inc. (a New Jersey corporation) (“Emtec NJ”), Emtec Infrastructure Services Corporation (“Infrastructure”), Emtec Viasub LLC (“Viasub”), Emtec Global Services LLC (“Global”), KOAN-IT (US) CORP. (“Koan-It”), Emtec Federal, Inc. (“Federal”), eBusiness Application Solution, Inc. (“Application”), Luceo, Inc. (“Luceo”), Aveeva, Inc. (“Aveeva”), Secure Data, Inc. (“Secure”), Covelix, Inc. (“Covelix”), Dinero Solutions, LLC (“Dinero”) and Gnuco, LLC (“Gnuco”), and each other Person joined hereto as a borrower from time to time (each a “Borrower”, and collectively “Borrowers”), the financial institutions which are now or which hereafter become a party hereto (collectively, the “Lenders” and individually a “Lender”) and PNC BANK, NATIONAL ASSOCIATION (“PNC”), as agent for Lenders (PNC, in such capacity, the “Agent”).
Amended and Restated Investor Rights AgreementInvestor Rights Agreement • January 6th, 2012 • Emtec Inc/Nj • Services-business services, nec • Pennsylvania
This Amended and Restated Investor Rights Agreement (this “Agreement”) is made as of December 30, 2011, by and among Emtec, Inc., a Delaware corporation (the “Company”), NewSpring SBIC Mezzanine Capital II, L.P., a Delaware limited partnership Peachtree II, L.P., a Delaware limited partnership (“Peachtree,” and together with NewSpring, the “Investors”), and such other parties who may become parties hereto pursuant to the terms hereof (collectively, the “Stockholders”).
Amended and Restated WarrantCommon Stock Purchase Warrant • January 6th, 2012 • Emtec Inc/Nj • Services-business services, nec • Pennsylvania
THIS INSTRUMENT IS SUBJECT TO THE TERMS OF A SUBORDINATION AGREEMENT DATED AS OF DECEMBER 30, 2011, AS IT MAY BE AMENDED, RESTATED OR MODIFIED FROM TIME TO TIME, BY NEWSPRING SBIC MEZZANINE CAPITAL II, L.P., FOR ITSELF AND IN ITS CAPACITY AS COLLATERAL AGENT FOR THE INVESTORS, PEACHTREE II, L.P., AND PNC BANK, NATIONAL ASSOCIATION, AS AGENT FOR THE LENDERS (AS DEFINED THEREIN), (AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS), EMTEC, INC. AND EACH OTHER OBLIGOR A PARTY THERETO FROM TIME TO TIME, AND EACH HOLDER HEREOF BY ITS ACCEPTANCE HEREOF SHALL BE BOUND BY THE PROVISIONS OF SUCH SUBORDINATION AGREEMENT.
WarrantEmtec Inc/Nj • January 6th, 2012 • Services-business services, nec • Pennsylvania
THIS INSTRUMENT IS SUBJECT TO THE TERMS OF A SUBORDINATION AGREEMENT DATED AS OF DECEMBER 30, 2011 BY NEWSPRING SBIC MEZZANINE CAPITAL II, L.P., PEACHTREE II, L.P., AND PNC BANK, NATIONAL ASSOCIATION (AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS), AS IT MAY BE AMENDED, RESTATED OR MODIFIED FROM TIME TO TIME, AND EACH HOLDER HEREOF BY ITS ACCEPTANCE HEREOF SHALL BE BOUND BY THE PROVISIONS OF SUCH SUBORDINATION AGREEMENT.
AMENDED AND RESTATED SUBORDINATED LOAN AGREEMENTSubordinated Loan Agreement • January 6th, 2012 • Emtec Inc/Nj • Services-business services, nec • Pennsylvania
THIS AMENDED AND RESTATED SUBORDINATED LOAN AGREEMENT (the “Agreement”) is dated this 30th day of December, 2011, by and among EMTEC, INC., a Delaware corporation (“Emtec”), each of the other entities set forth on Appendix I and signatory hereto (together with Emtec, each a “Company” and collectively the “Companies”), NEWSPRING SBIC MEZZANINE CAPITAL II, L.P., a Delaware limited partnership (“NewSpring”), PEACHTREE II, L.P., a Delaware limited partnership (“Peachtree” and together with NewSpring each with its successors and assigns, each an “Investor” and collectively the “Investors”) and NEWSPRING-SBIC MEZZANINE CAPITAL II, L.P., in its capacity as collateral agent for the Investors under the terms of the Participation Agreement (defined below) (together with its successors and assigns, the “Collateral Agent”).
