AMENDMENT NUMBER TEN TO CREDIT AGREEMENTCredit Agreement • August 14th, 2018 • Sphere 3D Corp • Services-computer processing & data preparation
This AMENDMENT NUMBER TEN TO CREDIT AGREEMENT (this “Agreement”) is made as of June 4, 2018, by and among OVERLAND STORAGE, INC., a California corporation (the “Company”), TANDBERG DATA GMBH, a German limited liability company registered with the commercial register of the local court in Dortmund under HRB 5589 (“Subsidiary Borrower” and, collectively with Company, the “Borrowers” and each individually a “Borrower”), each undersigned Guarantor signatory hereto, and OPUS BANK, a California commercial bank (“Lender”).
8% SENIOR SECURED CONVERTIBLE DEBENTURE8% Senior Secured Convertible Debenture • August 14th, 2018 • Sphere 3D Corp • Services-computer processing & data preparation • Ontario
This FOURTH AMENDMENT TO 8% SENIOR SECURED CONVERTIBLE DEBENTURE (this “Amendment”) is made as of May 31, 2018, by and among SPHERE 3D CORPORATION, a corporation incorporated under the laws of the Province of Ontario (the “Corporation”), the Guarantors party hereto, and FBC HOLDINGS S.A R.L., a private limited liability company incorporated under the laws of the Grand Duchy of Luxembourg (the “Holder”).
ASSIGNMENT AND ACCEPTANCEAssignment and Acceptance • August 14th, 2018 • Sphere 3D Corp • Services-computer processing & data preparation
This Assignment and Acceptance (this “Assignment and Acceptance”) is dated as of the Effective Date set forth below and is entered into by and among the Assignor identified in item 1 below (the “Assignor”), the Assignee identified in item 2 below (the “Assignee”) and each of the Loan Parties to the Credit Agreement identified below (the “Credit Agreement”). Capitalized terms used but not defined herein shall have the meanings given to them in the Credit Agreement, receipt of a copy of which is hereby acknowledged by the Assignee. The Standard Terms and Conditions set forth in Annex 1 attached hereto (the “Standard Terms and Conditions”) are hereby agreed to and incorporated herein by reference and made a part of this Assignment and Acceptance as if set forth herein in full.
8% SENIOR SECURED CONVERTIBLE DEBENTURE8% Senior Secured Convertible Debenture • August 14th, 2018 • Sphere 3D Corp • Services-computer processing & data preparation • Ontario
This NINTH AMENDMENT TO 8% SENIOR SECURED CONVERTIBLE DEBENTURE (this “Amendment”) is made as of July 23, 2018, by and among SPHERE 3D CORPORATION, a corporation incorporated under the laws of the Province of Ontario (the “Corporation”), the Guarantors party hereto, and FBC HOLDINGS S.A R.L., a private limited liability company incorporated under the laws of the Grand Duchy of Luxembourg (the “Holder”).
