LIMITED GUARANTY as of February 3, 2016Limited Guaranty • February 8th, 2016 • Determine, Inc. • Services-prepackaged software • California
GUARANTY FEE AGREEMENTGuaranty Fee Agreement • February 8th, 2016 • Determine, Inc. • Services-prepackaged software • New York
This Guaranty Fee Agreement (this “Agreement”) sets forth the terms of a guaranty fee arrangement entered into and made effective as of February 3, 2016 (“the Effective Date”) by and between the Guarantor, as defined below, and Determine, Inc., a Delaware corporation formerly known as Selectica, Inc. (the “Company” and, collectively with the Guarantor, the “Parties” and each a “Party”).
AMENDMENT TO GUARANTY FEE AGREEMENTGuaranty Fee Agreement • February 8th, 2016 • Determine, Inc. • Services-prepackaged software • New York
This Amendment to Guaranty Fee Agreement (this “Amendment”), effective as of February 3, 2016 (the “Effective Date”), is entered into by and among each of Determine, Inc., a Delaware corporation formerly known as Selectica, Inc. (the “Company”), Lloyd I. Miller, III and MILFAM II L.P. together, the “Guarantors”). Capitalized terms used but not otherwise defined herein shall have the meaning assigned to them in the Fee Agreement (as defined below).
AMENDMENT NUMBER FIVE TO AMENDED AND RESTATED BUSINESS FINANCING AGREEMENTBusiness Financing Agreement • February 8th, 2016 • Determine, Inc. • Services-prepackaged software
This AMENDMENT NUMBER FIVE TO AMENDED AND RESTATED BUSINESS FINANCING AGREEMENT (this “Amendment”), dated as of February 3, 2016, is entered into by and among Western Alliance Bank, an Arizona corporation, as successor in interest to Bridge Bank, National Association (“Lender”), on the one hand, and Determine Inc., a Delaware corporation, f/k/a Selectica, Inc. (“Determine”), and Determine Sourcing, Inc., a Delaware corporation, f/k/a Selectica Sourcing Inc. (“Sourcing,” together with Determine, each a “Borrower,” and collectively “Borrowers”) on the other hand, with reference to the following facts:
