AMENDMENT TO EXISTING LOAN DOCUMENTS. The Existing Loan Documents are hereby amended in their entirety to read as set forth in the Loan and Security Agreement, and related documents, being executed concurrently (collectively, the "New Loan Documents"). The Borrower acknowledges that the Present Loan Balance shall be the opening balance of the Loans pursuant to the New Loan Documents as of the date hereof, and shall, for all purposes, be deemed to be Loans made by Silicon to the Borrower pursuant to the New Loan Documents. Notwithstanding the execution of the New Loan Documents, the following Existing Loan Documents shall continue in full force and effect and shall continue to secure all present and future indebtedness, liabilities, guarantees and other Obligations (as defined in the New Loan Documents): All standard documents of Silicon entered into by the Borrower in connection with Letters of Credit and/or Foreign Exchange Contracts; all security agreements, pledge agreements (including but not limited to the Pledge Agreement dated as of December, 1997, by Silicon Gaming, Inc., in favor of Silicon), collateral assignments and mortgages, including but not limited to those relating to patents, trademarks, copyrights and other intellectual property (including but not limited to the Intellectual Property Security Agreement between Silicon and Silicon Gaming, Inc. dated November 25, 1997, as amended, if at all); all lockbox agreements and/or blocked account agreements; the Intercreditor Agreement dated as of December __, 1997, between Silicon and BIII Capital Partners, L.P. (acknowledged by Silicon Gaming, Inc.); and all UCC-1 financing statements and other documents filed with governmental offices which perfect liens or security interests in favor of Silicon. In addition, in the event the Borrower has previously issued any stock options, stock purchase warrants or securities to Silicon, the same and all documents and agreements relating thereto shall also continue in full force and effect.
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Sources: Loan Agreement (Silicon Gaming Inc)
AMENDMENT TO EXISTING LOAN DOCUMENTS. The Existing Loan Documents are Agreement is hereby amended and restated in their its entirety (and accordingly superceded) by, and to read as set forth in the in, that certain Loan and Security Agreement dated as of even date herewith (the "New Loan Agreement, "). The New Loan Agreement and all related documents, being executed concurrently (collectivelyinstruments, and agreements are referred to collectively herein as the "New Loan Documents"). The Borrower acknowledges that the Present Loan Balance shall be the opening balance of the Loans pursuant to the New Loan Documents as of the date hereof, and shall, for all purposes, be deemed to be Loans made by Silicon to the Borrower pursuant to the New Loan DocumentsAgreement. Notwithstanding the execution of the New Loan Documents, the following Existing Loan Documents (other than the Existing Loan Agreement) shall continue in full force and effect (except to the extent that any provisions in such Existing Loan Documents are in actual conflict with any provisions relative to the subject matter thereof set forth in the New Loan Documents, in which case such New Loan Documents provisions shall control and such conflicting Existing Loan Documents provisions shall no longer be of any force or effect; it being expressly acknowledged and agreed that the negative pledge agreement dated September 9, 1999 by Borrower in favor of Silicon is expressly superceded by the negative covenants (with applicable exceptions, provisos, and carve-outs) set forth in the New Loan Agreement and corresponding new intellectual property security agreement constituting a New Loan Document) and shall continue to secure all present and future indebtedness, liabilities, guarantees and other Obligations (as defined in the New Loan Documents): All standard documents of Silicon entered into by the Borrower in connection with Letters of Credit and/or Foreign Exchange Contracts; all security agreements, pledge agreements (including but not limited to the Pledge Agreement dated as of December, 1997, by Silicon Gaming, Inc., in favor of Silicon), collateral assignments and mortgages, including but not limited to those relating to patents, trademarks, copyrights and other intellectual property (including but not limited to the Intellectual Property Security Agreement between Silicon and Silicon Gaming, Inc. dated November 25, 1997, as amended, if at all)property; all lockbox agreements and/or blocked account agreements; the Intercreditor Agreement dated as of December __, 1997, between Silicon and BIII Capital Partners, L.P. (acknowledged by Silicon Gaming, Inc.); and all UCC-1 financing statements and other documents filed with governmental offices which perfect liens or security interests in favor of Silicon. In addition, solely in the event the Borrower has previously issued any stock options, stock purchase warrants or securities to Silicon, the same and all documents and agreements relating thereto shall also continue in full force and effect.
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