THIRD AMENDED AND RESTATED LIMITED GUARANTY as of June 14, 2018Business Financing Agreement • June 20th, 2018 • Determine, Inc. • Services-prepackaged software • California
BUSINESS FINANCING AGREEMENT This Business Financing Agreement ("Agreement") is made as of August 31, 2000 between Deutsche Financial Services Corporation ("DFS") and ePlus Technology, inc., a |___| SOLE PROPRIETORSHIP, |___| PARTNERSHIP, |XX|...Business Financing Agreement • November 17th, 2005 • Eplus Inc • Finance lessors • Missouri
AMENDED AND RESTATED BUSINESS FINANCING AGREEMENTBusiness Financing Agreement • November 6th, 2013 • Transwitch Corp /De • Semiconductors & related devices • California
This Amended and Restated BUSINESS FINANCING AGREEMENT, dated as of November 4, 2013, is made and entered into between BRIDGE BANK, NATIONAL ASSOCIATION (“Lender”) and TranSwitch Corporation, a Delaware corporation (“Borrower”) on the following terms and conditions:
BUSINESS FINANCING AGREEMENTBusiness Financing Agreement • December 12th, 2011 • FusionStorm Global, Inc. • Telephone communications (no radiotelephone) • Illinois
This Business Financing Agreement (as from time to time amended, “Agreement”) is between GE Commercial Distribution Finance Corporation (“CDF”), with its chief executive office and principal place of business at 5595 Trillium Boulevard, Hoffman Estates, Illinois 60192 and fusionstorm, a Delaware corporation (“Dealer”).
EX-10.18 17 d45301dex1018.htm FOURTH AMENDED AND RESTATED BUSINESS FINANCING AGREEMENT FOURTH AMENDED AND RESTATED BUSINESS FINANCING AGREEMENT dated as of April 30, 2010 between BRIDGE BANK, NATIONAL ASSOCIATION and E2OPEN, INC., a Delaware...Business Financing Agreement • May 5th, 2020 • California
BUSINESS FINANCING AGREEMENT dated as of August 4, 2005 between BRIDGE BANK, NATIONAL ASSOCIATION and TRIPATH TECHNOLOGY INC., a Delaware corporation (“Borrower”)Business Financing Agreement • December 7th, 2005 • Tripath Technology Inc • Semiconductors & related devices • California
BUSINESS FINANCING AGREEMENTBusiness Financing Agreement • October 5th, 2011 • Selectica Inc • Services-prepackaged software • California
This BUSINESS FINANCING AGREEMENT, dated as of September 27, 2011, is made and entered into between BRIDGE BANK, NATIONAL ASSOCIATION (“Lender”) and SELECTICA, INC., a Delaware corporation (“Borrower”), on the following terms and conditions:
EX-10.1 2 dex101.htm BUSINESS FINANCING AGREEMENT BUSINESS FINANCING AGREEMENTBusiness Financing Agreement • May 5th, 2020 • Illinois
This Business Financing Agreement (as from time to time amended, “Agreement”) is between GE Commercial Distribution Finance Corporation (“CDF”), with its chief executive office and principal place of business at 5595 Trillium Boulevard, Hoffman Estates, Illinois 60192 and Brunswick Corporation, a Delaware corporation with its chief executive office at 1 N. Field Court, Lake Forest, IL 60045 (“Borrower”).
AMENDED AND RESTATED BUSINESS FINANCING AGREEMENT Borrowers: SELECTICA, INC. 2121 South El Camino Real, Suite 1000 San Mateo, California 94403 Lender: BRIDGE BANK, National Association 55 Almaden Boulevard, Suite 100 San Jose, CA 95113 SELECTICA...Business Financing Agreement • May 5th, 2020 • California
This BUSINESS FINANCING AGREEMENT, dated as of July 25, 2014, is made and entered into between BRIDGE BANK, NATIONAL ASSOCIATION (“Lender”), on the one hand, and SELECTICA, INC., a Delaware corporation (“Parent”), and SELECTICA SOURCING INC., a Delaware corporation (“Sourcing”) (Parent and Sourcing are sometimes collectively referred to herein as “Borrowers” and each individually as a “Borrower”), on the other hand, with reference to the following facts:
THIRD AMENDMENT TO AMENDED AND RESTATED BUSINESS FINANCING AGREEMENTBusiness Financing Agreement • November 4th, 2020 • Vapotherm Inc • Surgical & medical instruments & apparatus
This Third Amendment to Amended and Restated Business Financing Agreement (this “Amendment”) is entered into as of September 29, 2020, by and between WESTERN ALLIANCE BANK, an Arizona corporation (“Bank”) and VAPOTHERM, INC. (“Borrower”).
BUSINESS FINANCING AGREEMENTBusiness Financing Agreement • October 30th, 2018 • Orion Energy Systems, Inc. • Electric lighting & wiring equipment • California
This BUSINESS FINANCING AGREEMENT, dated as of October 26, 2018, is made and entered into between WESTERN ALLIANCE BANK, AN ARIZONA CORPORATION (“Lender”), on the one hand, and ORION ENERGY SYSTEMS, INC., a Wisconsin corporation (“Parent”), the Subsidiaries of Parent listed on Schedule 1 attached hereto, and such other direct or indirect Subsidiaries of Parent that may hereafter become parties hereto (collectively with Parent, “Borrowers” and each a “Borrower”), on the other hand, on the following terms and conditions:
AMENDMENT NO. 2 TO THE ADDENDUM TO INVENTORY FINANCING AGREEMENT AND THE BUSINESS FINANCING AGREEMENT, THE INVENTORY FINANCING AGREEMENT AND THE BUSINESS FINANCING AGREEMENTBusiness Financing Agreement • December 12th, 2011 • FusionStorm Global, Inc. • Telephone communications (no radiotelephone) • Illinois
This Amendment No. 2 to the Addendum to the Inventory Financing Agreement and the Business Financing Agreement and to the Inventory Financing Agreement and the Business Financing Agreement (this “Agreement”) is entered into and effective as of August 10th, 2011, and is by and between fusionstorm, a Delaware corporation (“Dealer”), and GE Commercial Distribution Finance Corporation (“CDF”).
BUSINESS FINANCING AGREEMENT dated as of November 30, 2005 between BRIDGE BANK, NATIONAL ASSOCIATION and KANA Software, Inc., a Delaware corporation (“Borrower”)Business Financing Agreement • December 7th, 2005 • Kana Software Inc • Services-business services, nec • California
AMENDED AND RESTATED BUSINESS FINANCING AGREEMENTBusiness Financing Agreement • October 19th, 2018 • Vapotherm Inc • Surgical & medical instruments & apparatus • New York
This AMENDED AND RESTATED BUSINESS FINANCING AGREEMENT, dated as of April 6, 2018 (“the Effective Date”) is made and entered into between WESTERN ALLIANCE BANK, AN ARIZONA CORPORATION (“Lender”), and VAPOTHERM, INC., a Delaware corporation (“Borrower”), and amends and restates, in its entirety, that certain Business Financing Agreement executed by Borrower in favor of Lender, dated as of November 16, 2016, as amended from time to time (the “Original Business Financing Agreement”), on the following terms and conditions:
AMENDMENT NUMBER THREE TO BUSINESS FINANCING AGREEMENTBusiness Financing Agreement • November 22nd, 2019 • Orion Energy Systems, Inc. • Electric lighting & wiring equipment
This AMENDMENT NUMBER THREE TO BUSINESS FINANCING AGREEMENT (this “Amendment”), dated as of November 21, 2019, is entered into by and between WESTERN ALLIANCE BANK, an Arizona corporation Lender”), one the one hand, and, ORION ENERGY SYSTEMS, INC., a Wisconsin corporation (“Parent”), the Subsidiaries of Parent listed on Schedule 1 attached to the Agreement defined below, and such other direct or indirect Subsidiaries of Parent that may hereafter become parties hereto (collectively with Parent, “Borrowers” and each a “Borrower”), on the other hand, with reference to the following facts:
BUSINESS FINANCING AGREEMENTBusiness Financing Agreement • August 1st, 2017 • Glowpoint, Inc. • Telephone communications (no radiotelephone) • California
This BUSINESS FINANCING AGREEMENT, dated as of July 31, 2017 (the “Closing Date”), is made and entered into between WESTERN ALLIANCE BANK, AN ARIZONA CORPORATION (“Lender”), GLOWPOINT, INC., a Delaware corporation (“Glowpoint”), and GP COMMUNICATIONS, LLC, a Delaware limited liability company (“GP Communications” and together with Glowpoint, individually and collectively, jointly and severally, “Borrower”) on the following terms and conditions:
BUSINESS FINANCING AGREEMENTBusiness Financing Agreement • March 30th, 2011 • Inuvo, Inc. • Services-advertising • California
This BUSINESS FINANCING AGREEMENT, dated as of February __, 2011, is made and entered into between BRIDGE BANK, NATIONAL ASSOCIATION (“Lender”) and INUVO, INC., a Nevada corporation (“Borrower”) on the following terms and conditions:
BUSINESS FINANCING AGREEMENT dated as of July 26, 2007 between BRIDGE BANK, NATIONAL ASSOCIATION and ION NETWORKS, INC., a Delaware corporation ("Borrower").Business Financing Agreement • August 30th, 2007 • Ion Networks Inc • Computer peripheral equipment, nec • California
BUSINESS FINANCING AGREEMENTBusiness Financing Agreement • March 2nd, 2011 • Akeena Solar, Inc. • Heating equipment, except electric & warm air furnaces • California
This BUSINESS FINANCING AGREEMENT, dated as of February 15, 2011, is made and entered into between BRIDGE BANK, NATIONAL ASSOCIATION (“Lender”) and AKEENA SOLAR, INC., a Delaware corporation, AKEENA CORP., a Delaware corporation and ANDALAY SOLAR, INC., a California corporation (jointly and severally “Borrower”) on the following terms and conditions:
AMENDMENT #7 TO AMENDED AND RESTATED BUSINESS FINANCING AGREEMENTBusiness Financing Agreement • January 18th, 2019 • Eplus Inc • Wholesale-computers & peripheral equipment & software
This Amendment #7 to Amended and Restated Business Financing Agreement (“Amendment”) is entered into on January 15, 2019, by and among ePlus Technology, inc. (”Technology”) and ePlus Technology Services, inc. (“Services”; and together with Technology, each sometimes referred to as a “Dealer,” and sometimes referred to collectively, jointly and severally, as “Dealer”) and Wells Fargo Commercial Distribution Finance, LLC (“CDF”) and is to that certain Amended and Restated Business Financing Agreement dated July 23, 2012, by and between Dealer and CDF (as the same has been amended by that certain Amendment #1 to Amended and Restated Business Financing Agreement dated July 31, 2014, that certain Amendment #2 to Amended and Restated Business Financing Agreement dated July 24, 2015, that certain Amendment #3 to Amended and Restated Business Financing Agreement dated October 20, 2015, that certain Amendment #4 to Amended and Restated Business Financing Agreement dated July 28, 2016, and that
AMENDMENT #10 TO AMENDED AND RESTATED BUSINESS FINANCING AGREEMENTBusiness Financing Agreement • May 21st, 2020 • Eplus Inc • Wholesale-computers & peripheral equipment & software
This Amendment #10 to Amended and Restated Business Financing Agreement (“Amendment”) is entered into on May 15, 2020, by and among ePlus Technology, inc. (“Technology”), ePlus Technology Services, inc. (“Services”) and SLAIT Consulting, LLC (“SLAIT”; and together with Technology and Services, each sometimes referred to as a “Dealer,” and sometimes referred to collectively, jointly and severally, as “Dealer”) and Wells Fargo Commercial Distribution Finance, LLC (“CDF”) and is to that certain Amended and Restated Business Financing Agreement dated July 23, 2012, by and between Dealer and CDF (as the same has been amended by that certain Amendment #1 to Amended and Restated Business Financing Agreement dated July 31, 2014, that certain Amendment #2 to Amended and Restated Business Financing Agreement dated July 24, 2015, that certain Amendment #3 to Amended and Restated Business Financing Agreement dated October 20, 2015, that certain Amendment #4 to Amended and Restated Business Financi
FOURTH AMENDED AND RESTATED LIMITED GUARANTY as of August 7, 2018Business Financing Agreement • August 9th, 2018 • Determine, Inc. • Services-prepackaged software • California
SECOND MODIFICATION TO BUSINESS FINANCING AGREEMENTBusiness Financing Agreement • July 27th, 2018 • Astea International Inc • Services-prepackaged software
This Second Modification to Business Financing Agreement (this “Amendment”) is entered into as of July 19, 2018, by and among NETWORK DATA, INC., a Delaware corporation (“Network”), ASTEA INTERNATIONAL INC., a Delaware corporation (“Astea” and together with Network, individually and collectively, “Borrower”), and WESTERN ALLIANCE BANK, an Arizona corporation (“Lender”).
AMENDMENT #8 TO AMENDED AND RESTATED BUSINESS FINANCING AGREEMENT AND AMENDED AND RESTATED AGREEMENT FOR WHOLESALE FINANCINGBusiness Financing Agreement • February 6th, 2020 • Eplus Inc • Wholesale-computers & peripheral equipment & software
This Amendment #8 (this “Amendment”) is entered into as of November 12, 2019, by and among ePlus Technology, inc. (“Technology”), ePlus Technology Services, inc. (“Services”) and SLAIT Consulting, LLC (“SLAIT”; and together with Technology and Services, each sometimes referred to as a “Dealer,” and sometimes referred to collectively, jointly and severally, as “Dealer”) and Wells Fargo Commercial Distribution Finance, LLC (“CDF”) and is to (a) that certain Amended and Restated Business Financing Agreement by and between Dealer and CDF dated as of July 23, 2012 (as amended, restated, amended and restated, modified, extended, renewed, substituted, and/or supplemented from time to time, the “BFA”) and (b) that certain Agreement for Wholesale Financing by and between Dealer and CDF dated as of July 23, 2012 (as amended, restated, amended and restated, modified, extended, renewed, substituted, and/or supplemented from time to time, the “AWF” ). All terms which are not defined herein shall ha
BUSINESS FINANCING AGREEMENTBusiness Financing Agreement • August 12th, 2013 • Sysorex Global Holdings Corp. • California
This BUSINESS FINANCING AGREEMENT, dated as of March 15,2013, is made and entered into between BRIDGE BANK, NATIONAL ASSOCIATION (“Lender’’), on the one hand, and LILIEN SYSTEMS, a California corporation (“Lilien”), and SYSOREX GOVERNMENT SERVICES, INC., a Virginia corporation (“SGSI”) (Lilien and SGSI are sometimes collectively referred to herein as “Borrowers” and each individually as a “Borrower”), on the other hand, on the following terms and conditions:
SECOND AMENDMENT TO AMENDED AND RESTATED BUSINESS FINANCING AGREEMENTBusiness Financing Agreement • August 4th, 2020 • Vapotherm Inc • Surgical & medical instruments & apparatus
This Second Amendment to Amended and Restated Business Financing Agreement (this “Amendment”) is entered into as of July 7, 2020, by and between WESTERN ALLIANCE BANK, an Arizona corporation (“Bank”) and VAPOTHERM, INC. (“Borrower”).
AMENDMENT #9 TO AMENDED AND RESTATED BUSINESS FINANCING AGREEMENTBusiness Financing Agreement • April 3rd, 2020 • Eplus Inc • Wholesale-computers & peripheral equipment & software
This Amendment #9 to Amended and Restated Business Financing Agreement (“Amendment”) is entered into on March 31, 2020, by and among ePlus Technology, inc. (“Technology”), ePlus Technology Services, inc. (“Services”) and SLAIT Consulting, LLC (“SLAIT”; and together with Technology and Services, each sometimes referred to as a “Dealer,” and sometimes referred to collectively, jointly and severally, as “Dealer”) and Wells Fargo Commercial Distribution Finance, LLC (“CDF”) and is to that certain Amended and Restated Business Financing Agreement dated July 23, 2012, by and between Dealer and CDF (as the same has been amended by that certain Amendment #1 to Amended and Restated Business Financing Agreement dated July 31, 2014, that certain Amendment #2 to Amended and Restated Business Financing Agreement dated July 24, 2015, that certain Amendment #3 to Amended and Restated Business Financing Agreement dated October 20, 2015, that certain Amendment #4 to Amended and Restated Business Financ
AMENDMENT NUMBER ONE TO AMENDED AND RESTATED BUSINESS FINANCING AGREEMENT AND WAIVER OF DEFAULTSBusiness Financing Agreement • February 13th, 2015 • Selectica Inc • Services-prepackaged software
This AMENDMENT NUMBER ONE TO AMENDED AND RESTATED BUSINESS FINANCING AGREEMENT AND WAIVER OF DEFAULTS (this “Amendment”), dated as of December 31, 2014, is entered into by and among Bridge Bank, National Association (“Lender”), on the one hand, and Selectica, Inc., a Delaware corporation (“Selectica”), and Selectica Sourcing Inc., a Delaware corporation (“Sourcing,” together with Selectica, each a “Borrower,” and collectively “Borrowers”) on the other hand, with reference to the following facts:
AMENDMENT NUMBER SIX TO AMENDED AND RESTATED BUSINESS FINANCING AGREEMENTBusiness Financing Agreement • March 23rd, 2016 • Determine, Inc. • Services-prepackaged software
This AMENDMENT NUMBER SIX TO AMENDED AND RESTATED BUSINESS FINANCING AGREEMENT (this “Amendment”), dated as of March 18, 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:
BUSINESS FINANCING AGREEMENTBusiness Financing Agreement • June 7th, 2017 • CAPSTONE TURBINE Corp • Engines & turbines • Arizona
This BUSINESS FINANCING AGREEMENT, dated as of June 2, 2017, is made and entered into between WESTERN ALLIANCE BANK, AN ARIZONA CORPORATION (“Lender”) and CAPSTONE TURBINE CORPORATION, a Delaware corporation (“Borrower”), on the following terms and conditions:
BUSINESS FINANCING AGREEMENTBusiness Financing Agreement • May 16th, 2011 • Workstream Inc • Services-business services, nec • California
This BUSINESS FINANCING AGREEMENT, dated as of May 3, 2011, is made and entered into between BRIDGE BANK, NATIONAL ASSOCIATION ("Lender") and WORKSTREAM USA, INC., a Delaware corporation ("Workstream"), PAULA ALLEN HOLDINGS, INC., a Florida corporation ("PAH"), 6FIGUREJOBS.COM, INC. ("6FIGURE"), a Delaware corporation and INCENTIVES ADVISORS, LLC, an Arizona limited liability company ("Incentive") (Workstream, PAH, 6FIGURE and Incentive, sometimes are individually referred to as a "Borrower" and, collectively, as the "Borrowers") on the following terms and conditions:
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:
BUSINESS FINANCING AGREEMENT dated as of March 29, 2007 between BRIDGE BANK, NATIONAL ASSOCIATION and SOUTHWALL TECHNOLOGIES INC., a Delaware corporation ("Borrower').Business Financing Agreement • April 2nd, 2007 • Southwall Technologies Inc /De/ • Unsupported plastics film & sheet • California
BUSINESS FINANCING AGREEMENT dated as of January 24, 2007 between BRIDGE BANK, NATIONAL ASSOCIATION and CANEUM, INC., a Nevada corporation, and TIER ONE CONSULTING INC., a California corporation (jointly and severally “Borrower”).Business Financing Agreement • July 3rd, 2007 • Caneum Inc • Services-management consulting services • California
AMENDMENT NUMBER ONE TO BUSINESS FINANCING AGREEMENTBusiness Financing Agreement • June 7th, 2018 • CAPSTONE TURBINE Corp • Engines & turbines
This AMENDMENT NUMBER ONE TO BUSINESS FINANCING AGREEMENT (this “Amendment”), dated as of June 1, 2018, is entered into by and between WESTERN ALLIANCE BANK, an Arizona corporation (“Lender”), and CAPSTONE TURBINE CORPORATION, a Delaware corporation (“Borrower”), with reference to the following facts:
