0001437749-18-012150 Sample Contracts

THIRD AMENDED AND RESTATED LIMITED GUARANTY as of June 14, 2018
Business Financing Agreement • June 20th, 2018 • Determine, Inc. • Services-prepackaged software • California
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AMENDMENT TO GUARANTY FEE AGREEMENT
Guaranty Fee Agreement • June 20th, 2018 • Determine, Inc. • Services-prepackaged software • New York

This Amendment (this “Amendment”), dated as of June 14, 2018, to that certain Guaranty Fee Agreement, dated as of June 1, 2017 (the “Agreement”), is entered into by and among each of Determine, Inc., a Delaware corporation (the “Company”), and the Guarantors. Capitalized terms used herein and not otherwise defined shall have the meaning ascribed to such terms in the Agreement.

GUARANTY FEE AGREEMENT
Guaranty Fee Agreement • June 20th, 2018 • 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 June 14, 2018 (“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 ELEVEN TO AMENDED AND RESTATED BUSINESS FINANCING AGREEMENT
Business Financing Agreement • June 20th, 2018 • Determine, Inc. • Services-prepackaged software

This AMENDMENT ELEVEN TO AMENDED AND RESTATED BUSINESS FINANCING AGREEMENT (this “Amendment”), dated as of June 14, 2018, 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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