0001437749-17-001238 Sample Contracts

SECOND AMENDED AND RESTATED LIMITED GUARANTY as of January 23, 2017
Limited Guaranty • January 27th, 2017 • Determine, Inc. • Services-prepackaged software • California
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GUARANTY FEE AGREEMENT
Guaranty Fee Agreement • January 27th, 2017 • 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 January 23, 2017 (“the Effective Date”) by and between the Guarantor, as defined below, and Determine, Inc., a Delaware corporation (the “Company” and, collectively with the Guarantor, the “Parties” and each a “Party”).

AMENDMENT NUMBER NINE TO AMENDED AND RESTATED BUSINESS FINANCING AGREEMENT
Business Financing Agreement • January 27th, 2017 • Determine, Inc. • Services-prepackaged software

This AMENDMENT NUMBER NINE TO AMENDED AND RESTATED BUSINESS FINANCING AGREEMENT (this “Amendment”), dated as of January 23, 2017, 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:

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