AMENDED AND RESTATED LIMITED GUARANTY as of April 22, 2016Limited Guaranty • April 26th, 2016 • Determine, Inc. • Services-prepackaged software • California
AMENDMENT NUMBER SEVEN TO AMENDED AND RESTATED BUSINESS FINANCING AGREEMENTBusiness Financing Agreement • April 26th, 2016 • Determine, Inc. • Services-prepackaged software
This AMENDMENT NUMBER SEVEN TO AMENDED AND RESTATED BUSINESS FINANCING AGREEMENT (this “Amendment”), dated as of April 20, 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:
SECOND AMENDMENT TO 2015 GUARANTY FEE AGREEMENT AND AMENDMENT TO 2016 GUARANTY FEE AGREEMENTGuaranty Fee Agreement • April 26th, 2016 • Determine, Inc. • Services-prepackaged software • New York
This Second Amendment to 2015 Guaranty Fee Agreement and Amendment to 2016 Guaranty Fee Agreement (this “Amendment”), dated as of April 22, 2016 (the “Amendment 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 (“Mr. Miller”), MILFAM II L.P. (“MILFAM”) and Alliance Semiconductor Corporation (“ALSC” and, together with Mr. Miller and MILFAM, the “Guarantors”). Capitalized terms used but not otherwise defined herein shall have the meaning assigned to them in the Fee Agreements (as defined below).
