DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31, 2011, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31, 2011, as amended by that certain Consent and First Loan Modification Agreement dated as of June 1, 2011, as further amended by that certain Consent and Second Loan Modification Agreement dated as of June 14, 2011, as further amended by that certain Consent and Third Loan Modification Agreement dated as of December 6, 2011, as further amended by that certain Consent and Fourth Loan Modification Agreement dated as of June 11, 2012, as further amended by that certain Fifth Loan Modification Agreement dated as of September 7, 2012 as further amended by that certain Consent and Sixth Loan Modification Agreement, dated as of September 26, 2012 as further amended by that certain Consent and Seventh Loan Modification Agreement, dated as of March 28, 2013 and as further amended by that certain Eighth Loan Modification Agreement, dated as of June 28, 2013 (as may be amended from time to time, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011, as amended by that certain Export-Import Bank First Loan Modification Agreement, dated as of March 28, 2013 and as further amended by that certain Export-Import Bank Second Loan Modification Agreement, dated as of June 28, 2013 (as may be further amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.
Appears in 2 contracts
Sources: Loan and Security Agreement (Aspen Aerogels Inc), Loan and Security Agreement (Aspen Aerogels Inc)
DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31January 29, 20112007, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31January 29, 20112007, between Borrower and Bank, as amended by that a certain Consent and First Loan Modification Agreement dated as of June 1November 30, 20112007, between Borrower and Bank, as further amended by that a certain Consent and Second Loan Modification Agreement dated as of June 14July 30, 20112008, between Borrower and Bank, as further amended by that a certain Consent and Third Loan Modification Agreement dated as of December 6November 30, 20112008, between Borrower and Bank, as further amended by that a certain Consent and Fourth Loan Modification Agreement dated as of June 11February 26, 20122009, between Borrower and Bank, as further amended by that a certain Fifth Loan Modification Agreement dated as of September 7April 27, 2012 2009, between Borrower and Bank, as further amended by that a certain Consent and Sixth Loan Modification AgreementAgreement dated as of March 22, 2010, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29, 2010, between Borrower and Bank, as further amended by a certain Eighth Loan Modification Agreement dated as of September 262010, 2012 between Borrower and Bank, as further amended by that a certain Consent and Seventh Ninth Loan Modification AgreementAgreement dated as of December 17, 2010, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9, 2011, between Borrower and Bank, as further amended by a certain Eleventh Loan Modification Agreement dated as of June 9, 2011, between Borrower and Bank, as further amended by a certain Twelfth Loan Modification Agreement dated as of September 23, 2011, between Borrower and Bank, as further amended by a certain Thirteenth Loan Modification Agreement dated as of November 7, 2011, between Borrower and Bank, as further amended by a certain Fourteenth Loan Modification Agreement dated as of December 28, 2013 2011, between Borrower and Bank, and as further amended by that a certain Eighth Fifteenth Loan Modification Agreement, Agreement dated as of June 28February 29, 2013 2012, between Borrower and Bank (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011, as amended by that certain Export-Import Bank First Loan Modification Agreement, dated as of March 28, 2013 and as further amended by that certain Export-Import Bank Second Loan Modification Agreement, dated as of June 28, 2013 (as may be further amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.
Appears in 2 contracts
Sources: Loan and Security Agreement (Meru Networks Inc), Loan Modification Agreement (Meru Networks Inc)
DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31January 29, 20112007, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31January 29, 20112007, between Borrower and Bank, as amended by that a certain Consent and First Loan Modification Agreement dated as of June 1November 30, 20112007, between Borrower and Bank, as further amended by that a certain Consent and Second Loan Modification Agreement dated as of June 14July 30, 20112008, between Borrower and Bank, as further amended by that a certain Consent and Third Loan Modification Agreement dated as of December 6November 30, 20112008, between Borrower and Bank, as further amended by that a certain Consent and Fourth Loan Modification Agreement dated as of June 11February 26, 20122009, between Borrower and Bank, as further amended by that a certain Fifth Loan Modification Agreement dated as of September 7April 27, 2012 2009, between Borrower and Bank, as further amended by that a certain Consent and Sixth Loan Modification AgreementAgreement dated as of March 22, 2010, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29, 2010, between Borrower and Bank, as further amended by a certain Eighth Loan Modification Agreement dated as of September 262010, 2012 between Borrower and Bank, as further amended by that a certain Consent and Seventh Ninth Loan Modification AgreementAgreement dated as of December 17, 2010, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 289, 2013 2011, between Borrower and Bank, and as further amended by that a certain Eighth Eleventh Loan Modification Agreement, Agreement dated as of June 289, 2013 2011, between Borrower and Bank (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011, as amended by that certain Export-Import Bank First Loan Modification Agreement, dated as of March 28, 2013 and as further amended by that certain Export-Import Bank Second Loan Modification Agreement, dated as of June 28, 2013 (as may be further amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.
Appears in 2 contracts
Sources: Loan and Security Agreement (Meru Networks Inc), Loan Modification Agreement (Meru Networks Inc)
DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31January 29, 20112007, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31January 29, 20112007, between Borrower and Bank, as amended by that a certain Consent and First Loan Modification Agreement dated as of June 1November 30, 20112007, between Borrower and Bank, as further amended by that a certain Consent and Second Loan Modification Agreement dated as of June 14July 30, 20112008, between Borrower and Bank, as further amended by that a certain Consent and Third Loan Modification Agreement dated as of December 6November 30, 20112008, between Borrower and Bank, as further amended by that a certain Consent and Fourth Loan Modification Agreement dated as of June 11February 26, 20122009, between Borrower and Bank, as further amended by that a certain Fifth Loan Modification Agreement dated as of September 7April 27, 2012 2009, between Borrower and Bank, as further amended by that a certain Consent and Sixth Loan Modification AgreementAgreement dated as of March 22, 2010, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29, 2010, between Borrower and Bank, as further amended by a certain Eighth Loan Modification Agreement dated as of September 262010, 2012 between Borrower and Bank, as further amended by that a certain Consent and Seventh Ninth Loan Modification AgreementAgreement dated as of December 17, 2010, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9, 2011, between Borrower and Bank, as further amended by a certain Eleventh Loan Modification Agreement dated as of June 9, 2011, between Borrower and Bank, as further amended by a certain Twelfth Loan Modification Agreement dated as of September 23, 2011, between Borrower and Bank, as further amended by a certain Thirteenth Loan Modification Agreement dated as of November 7, 2011, between Borrower and Bank, as further amended by a certain Fourteenth Loan Modification Agreement dated as of December 28, 2013 2011, between Borrower and Bank, as further amended by a certain Fifteenth Loan Modification Agreement dated as of February 29, 2012, between Borrower and Bank, as further amended by a certain Sixteenth Loan Modification Agreement dated as of March 30, 2012, between Borrower and Bank, and as further amended by that a certain Eighth Seventeenth Loan Modification Agreement, Agreement dated as of June 287, 2013 2012, between Borrower and Bank (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011, as amended by that certain Export-Import Bank First Loan Modification Agreement, dated as of March 28, 2013 and as further amended by that certain Export-Import Bank Second Loan Modification Agreement, dated as of June 28, 2013 (as may be further amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.
Appears in 2 contracts
Sources: Loan and Security Agreement (Meru Networks Inc), Loan Modification Agreement (Meru Networks Inc)
DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31, 2011, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31, 2011, as amended by that certain Consent and First Loan Modification Agreement dated as of June 1, 2011, as further amended by that certain Consent and Second Loan Modification Agreement dated as of June 14, 2011, as further amended by that certain Consent and Third Loan Modification Agreement dated as of December 6, 2011, as further amended by that certain Consent and Fourth Loan Modification Agreement dated as of June 11, 2012, as further amended by that certain Fifth Loan Modification Agreement dated as of September 7, 2012 as further amended by that certain Consent and Sixth Loan Modification Agreement, dated as of September 26, 2012 and as further amended by that certain Consent and Seventh Loan Modification Agreement, dated as of March 28, 2013 and as further amended by that certain Eighth Loan Modification Agreement, dated as of June 28, 2013 (as may be amended from time to time, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011, as amended by that certain Export-Import Bank First Loan Modification Agreement, dated as of March 28, 2013 and as further amended by that certain Export-Import Bank Second Loan Modification Agreement, dated as of June 28, 2013 the date hereof (as may be further amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.
Appears in 2 contracts
Sources: Loan and Security Agreement (Aspen Aerogels Inc), Loan and Security Agreement (Aspen Aerogels Inc)
DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31January 29, 20112007, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31January 29, 20112007, between Borrower and Bank, as amended by that a certain Consent and First Loan Modification Agreement dated as of June 1November 30, 20112007, between Borrower and Bank, as further amended by that a certain Consent and Second Loan Modification Agreement dated as of June 14July 30, 20112008, between Borrower and Bank, as further amended by that a certain Consent and Third Loan Modification Agreement dated as of December 6November 30, 20112008, between Borrower and Bank, as further amended by that a certain Consent and Fourth Loan Modification Agreement dated as of June 11February 26, 20122009, between Borrower and Bank, as further amended by that a certain Fifth Loan Modification Agreement dated as of September 7April 27, 2012 2009, between Borrower and Bank, as further amended by that a certain Consent and Sixth Loan Modification AgreementAgreement dated as of March 22, 2010, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29, 2010, between Borrower and Bank, as further amended by a certain Eighth Loan Modification Agreement dated as of September 262010, 2012 between Borrower and Bank, as further amended by that a certain Consent and Seventh Ninth Loan Modification Agreement, Agreement dated as of March 28December 17, 2013 2010, between Borrower and Bank, and as further amended by that a certain Eighth Tenth Loan Modification Agreement, Agreement dated as of June 28March 9, 2013 2011, between Borrower and Bank (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011, as amended by that certain Export-Import Bank First Loan Modification Agreement, dated as of March 28, 2013 and as further amended by that certain Export-Import Bank Second Loan Modification Agreement, dated as of June 28, 2013 (as may be further amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.
Appears in 2 contracts
Sources: Loan and Security Agreement (Meru Networks Inc), Loan Modification Agreement (Meru Networks Inc)
DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31January 30, 20112003, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31January 30, 20112003 between Borrower, Aspentech, Inc. and Bank, as amended by that a certain Consent and letter agreement dated February 14, 2003, a certain First Loan Modification Agreement dated as of June 127, 20112003, as further amended by that a certain Consent and Second Loan Modification Agreement dated as of June 14September 10, 20112004, as further amended by that a certain Consent and Third Loan Modification Agreement dated as of December 6January 28, 20112005, as further amended by that a certain Consent and Fourth Loan Modification Agreement dated as of June 11April 1, 20122005, as further amended by that a certain Fifth Loan Modification Agreement dated as of May 6, 2005, a certain Sixth Loan Modification Agreement dated June 15, 2005, a certain Seventh Loan Modification Agreement dated September, 2005, a certain Eighth Amendment to Loan and Security Agreement dated November 22, 2005, a certain Ninth Loan Modification Agreement dated July 17, 2006, a certain Tenth Loan Modification Agreement dated September 715, 2012 as further amended by that 2006, a certain Consent and Sixth Eleventh Loan Modification Agreement dated September 27, 2006, a certain Twelfth Loan Modification Agreement dated January 12, 2007, a certain Thirteenth Loan Modification Agreement dated April 13, 2007, a certain Fourteenth Loan Modification Agreement dated June 28, 2007, a certain Waiver Agreement dated June 28, 2007, a certain Fifteenth Loan Modification Agreement dated August 30, 2007, a certain Sixteenth Loan Modification Agreement dated October 16, 2007, a certain Seventeenth Loan Modification Agreement dated December 28, 2007, a certain Eighteenth Loan Modification Agreement dated January 24, 2008, a certain Nineteenth Loan Modification Agreement dated April 11, 2008, a certain Twentieth Loan Modification Agreement dated May 15, 2008, a certain Twenty-first Loan Modification Agreement dated June 13, 2008, a certain Twenty-second Loan Modification Agreement dated July 15, 2008, a certain Twenty-third Loan Modification Agreement, dated September 30, 2008, a certain Twenty-fourth Loan Modification Agreement, dated as of September 26November 17, 2012 as further amended by that 2008, a certain Consent and Seventh Twenty-fifth Loan Modification Agreement, dated as of March 28January 15, 2013 2009, a certain Twenty-sixth Loan Modification Agreement, dated as of May 15, 2009 a certain Twenty-seventh Loan Modification Agreement, dated as of November 3, 2009 and as further amended by that a certain Eighth Twenty-eighth Loan Modification Agreement, dated as of June 287, 2013 2010 (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011, as amended by that certain Export-Import Bank First Loan Modification Agreement, dated as of March 28, 2013 and as further amended by that certain Export-Import Bank Second Loan Modification Agreement, dated as of June 28, 2013 (as may be further amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.
Appears in 1 contract
Sources: Loan Modification Agreement (Aspen Technology Inc /De/)
DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31January 29, 20112007, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31January 29, 20112007, between Borrower and Bank, as amended by that a certain Consent and First Loan Modification Agreement dated as of June 1November 30, 20112007, between Borrower and Bank, as further amended by that a certain Consent and Second Loan Modification Agreement dated as of June 14July 30, 20112008, between Borrower and Bank, as further amended by that a certain Consent and Third Loan Modification Agreement dated as of December 6November 30, 20112008, between Borrower and Bank, as further amended by that a certain Consent and Fourth Loan Modification Agreement dated as of June 11February 26, 20122009, between Borrower and Bank, as further amended by that a certain Fifth Loan Modification Agreement dated as of September 7April 27, 2012 2009, between Borrower and Bank, as further amended by that a certain Consent and Sixth Loan Modification AgreementAgreement dated as of March 22, 2010, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29, 2010, between Borrower and Bank, as further amended by a certain Eighth Loan Modification Agreement dated as of September 262010, 2012 between Borrower and Bank, as further amended by that a certain Consent and Seventh Ninth Loan Modification AgreementAgreement dated as of December 17, 2010, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 289, 2013 2011, between Borrower and Bank, as further amended by a certain Eleventh Loan Modification Agreement dated as of June 9, 2011, between Borrower and Bank, and as further amended by that a certain Eighth Twelfth Loan Modification Agreement, Agreement dated as of June 28September 23, 2013 2011, between Borrower and Bank (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011, as amended by that certain Export-Import Bank First Loan Modification Agreement, dated as of March 28, 2013 and as further amended by that certain Export-Import Bank Second Loan Modification Agreement, dated as of June 28, 2013 (as may be further amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.
Appears in 1 contract
DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31November 30, 2011, evidenced by, among other documents, (i) a certain Amended and Restated Export-Import Bank Loan and Security Agreement dated as of March 31November 30, 2011, as amended by that a certain Consent and Export-Import Bank First Loan Modification Agreement Agreement, dated as of June 1, 2011, as further amended by that certain Consent and Second Loan Modification Agreement dated as of June 14, 2011, as further amended by that certain Consent and Third Loan Modification Agreement dated as of December 6, 2011, as further amended by that certain Consent and Fourth Loan Modification Agreement dated as of June 11March 30, 2012, as further amended by that a certain Fifth Export-Import Bank Second Loan Modification Agreement and Waiver Agreement, dated as of September May 1, 2012, as further amended by a certain Export-Import Bank Third Loan Modification Agreement, dated as of May 7, 2012 as further amended by that certain Consent and Sixth Export-Import Bank Fourth Loan Modification Agreement, dated as of September 26, 2012 as further amended by that certain Consent and Seventh Loan Modification AgreementModification, dated as of March 2829, 2013 and as further amended by that certain Eighth Export-Import Bank Fifth Loan Modification AgreementModification, dated as of June 28, 2013 (as may be amended from time to time, the “Loan Agreement”) and (ii) a certain Export-Import Bank Second Amended and Restated Loan and Security AgreementAgreement (Domestic), dated as of March 31November 30, 2011, as amended by that a certain Export-Import Bank First Loan Modification AgreementAgreement (Domestic), dated as of March 30, 2012, as further amended by a certain Second Loan Modification and Waiver Agreement (Domestic), dated as of May 1, 2012 as further amended by a certain Third Loan Modification Agreement (Domestic), dated as of May 7, 2012, as further amended by a certain Fourth Loan Modification Agreement (Domestic), dated as of December 28, 2013 and 2012, as further amended by a certain Fifth Loan Modification Agreement (Domestic), dated as of March 29, 2013, as further amended by that certain Export-Import Bank Second Sixth Loan Modification and Waiver Agreement, dated as of June 28, 2013 2013, and as further amended by that certain Seventh Loan Modification and Waiver Agreement, dated as of the date hereof (as may be further amended from time to time, the “EXIM Loan Domestic Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement and/or the Domestic Agreement, as applicable.
Appears in 1 contract
DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31January 29, 20112007, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31January 29, 20112007, between Borrower and Bank, as amended by that a certain Consent and First Loan Modification Agreement dated as of June 1November 30, 20112007, between Borrower and Bank, as further amended by that a certain Consent and Second Loan Modification Agreement dated as of June 14July 30, 20112008, between Borrower and Bank, as further amended by that a certain Consent and Third Loan Modification Agreement dated as of December 6November 30, 20112008, between Borrower and Bank, as further amended by that a certain Consent and Fourth Loan Modification Agreement dated as of June 11February 26, 20122009, between Borrower and Bank, as further amended by that a certain Fifth Loan Modification Agreement dated as of September 7April 27, 2012 2009, between Borrower and Bank, as further amended by that a certain Consent and Sixth Loan Modification AgreementAgreement dated as of March 22, 2010, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29, 2010, between Borrower and Bank, as further amended by a certain Eighth Loan Modification Agreement dated as of September 262010, 2012 between Borrower and Bank, as further amended by that a certain Consent and Seventh Ninth Loan Modification AgreementAgreement dated as of December 17, 2010, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 289, 2013 2011, between Borrower and Bank, as further amended by a certain Eleventh Loan Modification Agreement dated as of June 9, 2011, between Borrower and Bank, as further amended by a certain Twelfth Loan Modification Agreement dated as of September 23, 2011, between Borrower and Bank, as further amended by a certain Thirteenth Loan Modification Agreement dated as of November 7, 2011, between Borrower and Bank, and as further amended by that a certain Eighth Fourteenth Loan Modification Agreement, Agreement dated as of June December 28, 2013 2011, between Borrower and Bank (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011, as amended by that certain Export-Import Bank First Loan Modification Agreement, dated as of March 28, 2013 and as further amended by that certain Export-Import Bank Second Loan Modification Agreement, dated as of June 28, 2013 (as may be further amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.
Appears in 1 contract
DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31January 30, 20112003, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31January 30, 20112003 between Borrower, Aspentech, Inc. and Bank, as amended by that a certain Consent and letter agreement dated February 14, 2003, a certain First Loan Modification Agreement dated as of June 127, 20112003, as further amended by that a certain Consent and Second Loan Modification Agreement dated as of June 14September 10, 20112004, as further amended by that a certain Consent and Third Loan Modification Agreement dated as of December 6January 28, 20112005, as further amended by that a certain Consent and Fourth Loan Modification Agreement dated as of June 11April 1, 20122005, as further amended by that a certain Fifth Loan Modification Agreement dated as of May 6, 2005, a certain Sixth Loan Modification Agreement dated June 15, 2005, a certain Seventh Loan Modification Agreement dated September, 2005, a certain Eighth Amendment to Loan and Security Agreement dated November 22, 2005, a certain Ninth Loan Modification Agreement dated July 17, 2006, a certain Tenth Loan Modification Agreement dated September 715, 2012 as further amended by that 2006, a certain Consent and Sixth Eleventh Loan Modification Agreement dated September 27, 2006, a certain Twelfth Loan Modification Agreement dated January 12, 2007, a certain Thirteenth Loan Modification Agreement dated April 13, 2007, a certain Fourteenth Loan Modification Agreement dated June 28, 2007, a certain Waiver Agreement dated June 28, 2007, a certain Fifteenth Loan Modification Agreement dated August 30, 2007, a certain Sixteenth Loan Modification Agreement dated October 16, 2007, a certain Seventeenth Loan Modification Agreement dated December 28, 2007, a certain Eighteenth Loan Modification Agreement dated January 24, 2008, a certain Nineteenth Loan Modification Agreement dated April 11, 2008, a certain Twentieth Loan Modification Agreement dated May 15, 2008, a certain Twenty-first Loan Modification Agreement dated June 13, 2008, a certain Twenty-second Loan Modification Agreement dated July 15, 2008, a certain Twenty-third Loan Modification Agreement, dated September 30, 2008, a certain Twenty-fourth Loan Modification Agreement, dated as of September 26November 17, 2012 as further amended by that 2008, a certain Consent and Seventh Twenty-fifth Loan Modification Agreement, dated as of March 28January 15, 2013 and as further amended by that 2009, a certain Eighth Twenty-sixth Loan Modification Agreement, dated as of June 28May 15, 2013 (as may be amended from time to time, the “Loan Agreement”) 2009 and (ii) a certain ExportTwenty-Import Bank Loan and Security Agreement, dated as of March 31, 2011, as amended by that certain Export-Import Bank First seventh Loan Modification Agreement, dated as of March 28November 3, 2013 and as further amended by that certain Export-Import Bank Second Loan Modification Agreement, dated as of June 28, 2013 2009 (as may be further amended from time to timeamended, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.
Appears in 1 contract
Sources: Loan Modification Agreement (Aspen Technology Inc /De/)
DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31November 30, 2011, evidenced by, among other documents, (i) a certain Second Amended and Restated Loan and Security Agreement (Domestic) dated as of March 31November 30, 2011, as amended by that a certain Consent and First Loan Modification Agreement (Domestic), dated as of June 1, 2011, as further amended by that certain Consent and Second Loan Modification Agreement dated as of June 14, 2011, as further amended by that certain Consent and Third Loan Modification Agreement dated as of December 6, 2011, as further amended by that certain Consent and Fourth Loan Modification Agreement dated as of June 11March 30, 2012, as further amended by that a certain Fifth Second Loan Modification and Waiver Agreement (Domestic), dated as of September 7May 1, 2012 2012, as further amended by that a certain Consent and Sixth Third Loan Modification Agreement, dated as of September 26May 7, 2012 2012, as further amended by that a certain Consent Fourth Loan Modification Agreement (Domestic), dated as of December 28, 2012, as further amended by a certain Fifth Loan Modification Agreement (Domestic), dated as of March 29, 2013 as further amended by a certain Sixth Loan Modification and Waiver Agreement (Domestic), dated as of June 28, 2013, as further amended by a certain Seventh Loan Modification and Waiver Agreement (Domestic), dated as of July 31, 2013, as further amended by a certain Eighth Loan Modification Agreement (Domestic), dated as of August 30, 2013 and as further amended by a certain Ninth Loan Modification Agreement, dated as of March 28, 2013 and as further amended by that certain Eighth Loan Modification Agreement, dated as of June 28, 2013 2014 (as may be amended from time to time, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011, as amended by that certain Export-Import Bank First Loan Modification Agreement, dated as of March 28, 2013 and as further amended by that certain Export-Import Bank Second Loan Modification Agreement, dated as of June 28, 2013 (as may be further amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.
Appears in 1 contract
DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31November 30, 2011, evidenced by, among other documents, (i) a certain Amended and Restated Export-Import Bank Loan and Security Agreement dated as of March 31November 30, 2011, as amended by that a certain Consent and Export-Import Bank First Loan Modification Agreement Agreement, dated as of June 1, 2011, as further amended by that certain Consent and Second Loan Modification Agreement dated as of June 14, 2011, as further amended by that certain Consent and Third Loan Modification Agreement dated as of December 6, 2011, as further amended by that certain Consent and Fourth Loan Modification Agreement dated as of June 11March 30, 2012, as further amended by that a certain Fifth Export-Import Bank Second Loan Modification Agreement and Waiver Agreement, dated as of September May 1, 2012, as further amended by a certain Export-Import Bank Third Loan Modification Agreement, dated as of May 7, 2012 as further amended by that certain Consent Export-Import Bank Fourth Loan Modification, dated as of March 29, 2013, as further amended by that certain Export-Import Bank Fifth Loan Modification, dated as of June 28, 2013, and as further amended by a certain Export-Import Bank Sixth Loan Modification Agreement, dated as of September 26, 2012 as further amended by that certain Consent and Seventh Loan Modification Agreement, dated as of March 28, 2013 and as further amended by that certain Eighth Loan Modification Agreement, dated as of June 28July 31, 2013 (as may be amended from time to time, the “Loan Agreement”) and (ii) a certain Export-Import Bank Second Amended and Restated Loan and Security AgreementAgreement (Domestic), dated as of March 31November 30, 2011, as amended by that a certain Export-Import Bank First Loan Modification AgreementAgreement (Domestic), dated as of March 30, 2012, as further amended by a certain Second Loan Modification and Waiver Agreement (Domestic), dated as of May 1, 2012 as further amended by a certain Third Loan Modification Agreement (Domestic), dated as of May 7, 2012, as further amended by a certain Fourth Loan Modification Agreement (Domestic), dated as of December 28, 2013 2012, as further amended by a certain Fifth Loan Modification Agreement (Domestic), dated as of March 29, 2013, as further amended by that certain Sixth Loan Modification and Waiver Agreement (Domestic), dated as of June 28, 2013, as further amended by that certain Seventh Loan Modification and Waiver Agreement (Domestic), dated as of July 31, 2013, and as further amended by that certain Export-Import Bank Second Eighth Loan Modification AgreementAgreement (Domestic), dated as of June 28, 2013 the date hereof (as may be further amended from time to time, the “EXIM Loan Domestic Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement and/or the Domestic Agreement, as applicable.
Appears in 1 contract
DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31November 30, 2011, evidenced by, among other documents, (i) a certain Second Amended and Restated Loan and Security Agreement (Domestic) dated as of March 31November 30, 2011, as amended by that a certain Consent and First Loan Modification Agreement (Domestic), dated as of June 1, 2011, as further amended by that certain Consent and Second Loan Modification Agreement dated as of June 14, 2011, as further amended by that certain Consent and Third Loan Modification Agreement dated as of December 6, 2011, as further amended by that certain Consent and Fourth Loan Modification Agreement dated as of June 11March 30, 2012, as further amended by that a certain Fifth Second Loan Modification and Waiver Agreement (Domestic), dated as of September 7May 1, 2012 2012, as further amended by that a certain Consent and Sixth Third Loan Modification Agreement, dated as of September 26May 7, 2012 2012, as further amended by that a certain Consent and Seventh Fourth Loan Modification AgreementAgreement (Domestic), dated as of December 28, 2012 and as further amended by a certain Fifth Loan Modification Agreement (Domestic), dated as of March 28, 2013 and as further amended by that certain Eighth Loan Modification Agreement, dated as of June 2829, 2013 (as may be amended from time to time, the “Loan Agreement”) and (ii) a certain Amended and Restated Export-Import Bank Loan and Security Agreement, dated as of March 31November 30, 2011, as amended by that a certain Export-Import Bank First Loan Modification Agreement, dated as of March 2830, 2013 and 2012, as further amended by that certain Export-Import Bank Second Loan Modification and Waiver Agreement, dated as of June 28May 1, 2013 2012, as further amended by that certain Export-Import Bank Third Loan Modification Agreement, dated as of May 7, 2012, as further amended by a certain Export-Import Bank Fourth Loan Modification Agreement, dated as of March 29, 2013, and as further amended by a certain Export-Import Bank Fifth Loan Modification Agreement, dated as of the date hereof (as may be further amended from time to time, the “EXIM Bank Loan and Security Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.
Appears in 1 contract
DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31January 30, 20112003, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31January 30, 20112003 between Borrower, Aspentech, Inc. and Bank, as amended by that a certain Consent and letter agreement dated February 14, 2003, a certain First Loan Modification Agreement dated as of June 127, 20112003, as further amended by that a certain Consent and Second Loan Modification Agreement dated as of June 14September 10, 20112004, as further amended by that a certain Consent and Third Loan Modification Agreement dated as of December 6January 28, 20112005, as further amended by that a certain Consent and Fourth Loan Modification Agreement dated as of June 11April 1, 20122005, as further amended by that a certain Fifth Loan Modification Agreement dated as of May 6, 2005, a certain Sixth Loan Modification Agreement dated June 15, 2005, a certain Seventh Loan Modification Agreement dated September, 2005, a certain Eighth Amendment to Loan and Security Agreement dated November 22, 2005, a certain Ninth Loan Modification Agreement dated July 17, 2006, a certain Tenth Loan Modification Agreement dated September 715, 2012 as further amended by that 2006, a certain Consent and Sixth Eleventh Loan Modification Agreement dated September 27, 2006, a certain Twelfth Loan Modification Agreement dated January 12, 2007, a certain Thirteenth Loan Modification Agreement dated April 13, 2007, a certain Fourteenth Loan Modification Agreement dated June 28, 2007, a certain Waiver Agreement dated June 28, 2007, a certain Fifteenth Loan Modification Agreement dated August 30, 2007, a certain Sixteenth Loan Modification Agreement dated October 16, 2007, a certain Seventeenth Loan Modification Agreement dated December 28, 2007, a certain Eighteenth Loan Modification Agreement dated January 24, 2008, a certain Nineteenth Loan Modification Agreement dated April 11, 2008, a certain Twentieth Loan Modification Agreement dated May 15, 2008, a certain Twenty-first Loan Modification Agreement dated June 13, 2008, a certain Twenty-second Loan Modification Agreement dated July 15, 2008, a certain Twenty-third Loan Modification Agreement, dated September 30, 2008, a certain Twenty-fourth Loan Modification Agreement, dated as of September 26November 17, 2012 as further amended by that 2008, a certain Consent and Seventh Twenty-fifth Loan Modification Agreement, dated as of March 28January 15, 2013 2009 and as further amended by that a certain Eighth Twenty-sixth Loan Modification Agreement, dated as of June 28May 15, 2013 2009 (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011, as amended by that certain Export-Import Bank First Loan Modification Agreement, dated as of March 28, 2013 and as further amended by that certain Export-Import Bank Second Loan Modification Agreement, dated as of June 28, 2013 (as may be further amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.
Appears in 1 contract
Sources: Loan Modification Agreement (Aspen Technology Inc /De/)
DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31November 30, 2011, evidenced by, among other documents, (i) a certain Second Amended and Restated Loan and Security Agreement (Domestic) dated as of March 31November 30, 2011, as amended by that a certain Consent and First Loan Modification Agreement (Domestic), dated as of June 1, 2011, as further amended by that certain Consent and Second Loan Modification Agreement dated as of June 14, 2011, as further amended by that certain Consent and Third Loan Modification Agreement dated as of December 6, 2011, as further amended by that certain Consent and Fourth Loan Modification Agreement dated as of June 11March 30, 2012, as further amended by that a certain Fifth Second Loan Modification and Waiver Agreement (Domestic), dated as of September 7May 1, 2012 2012, as further amended by that a certain Consent and Sixth Third Loan Modification Agreement, dated as of September 26May 7, 2012 2012, as further amended by that a certain Consent Fourth Loan Modification Agreement (Domestic), dated as of December 28, 2012, as further amended by a certain Fifth Loan Modification Agreement (Domestic), dated as of March 29, 2013 as further amended by a certain Sixth Loan Modification and Waiver Agreement (Domestic), dated as of June 28, 2013, as further amended by a certain Seventh Loan Modification and Waiver Agreement (Domestic), dated as of July 31, 2013, as further amended by a certain Eighth Loan Modification Agreement (Domestic), dated as of August 30, 2013, as further amended by a certain Ninth Loan Modification Agreement, dated as of March 28, 2013 2014 and as further amended by that a certain Eighth Tenth Loan Modification AgreementAgreement (Domestic), dated as of June 28March 27, 2013 2015 (as may be amended from time to time, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011, as amended by that certain Export-Import Bank First Loan Modification Agreement, dated as of March 28, 2013 and as further amended by that certain Export-Import Bank Second Loan Modification Agreement, dated as of June 28, 2013 (as may be further amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.
Appears in 1 contract
DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31January 30, 20112003, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31January 30, 20112003 between Borrower, Aspentech, Inc. and Bank, as amended by that a certain Consent and letter agreement dated February 14, 2003, a certain First Loan Modification Agreement dated as of June 127, 20112003, as further amended by that a certain Consent and Second Loan Modification Agreement dated as of June 14September 10, 20112004, as further amended by that a certain Consent and Third Loan Modification Agreement dated as of December 6January 28, 20112005, as further amended by that a certain Consent and Fourth Loan Modification Agreement dated as of June 11April 1, 20122005, as further amended by that a certain Fifth Loan Modification Agreement dated as of May 6, 2005, a certain Sixth Loan Modification Agreement dated June 15, 2005, a certain Seventh Loan Modification Agreement dated September, 2005, a certain Eighth Amendment to Loan and Security Agreement dated November 22, 2005, a certain Ninth Loan Modification Agreement dated July 17, 2006, a certain Tenth Loan Modification Agreement dated September 715, 2012 as further amended by that 2006, a certain Consent and Sixth Eleventh Loan Modification Agreement dated September 27, 2006, a certain Twelfth Loan Modification Agreement dated January 12, 2007, a certain Thirteenth Loan Modification Agreement dated April 13, 2007, a certain Fourteenth Loan Modification Agreement dated June 28, 2007, a certain Waiver Agreement dated June 28, 2007, a certain Fifteenth Loan Modification Agreement dated August 30, 2007, a certain Sixteenth Loan Modification Agreement dated October 16, 2007, a certain Seventeenth Loan Modification Agreement dated December 28, 2007, a certain Eighteenth Loan Modification Agreement dated January 24, 2008, a certain Nineteenth Loan Modification Agreement dated April 11, 2008, a certain Twentieth Loan Modification Agreement dated May 15, 2008, a certain Twenty-first Loan Modification Agreement dated June 13, 2008, a certain Twenty-second Loan Modification Agreement dated July 15, 2008, a certain Twenty-third Loan Modification Agreement, dated September 30, 2008, a certain Twenty-fourth Loan Modification Agreement, dated as of September 26November 17, 2012 as further amended by that 2008, and a certain Consent and Seventh Twenty-fifth Loan Modification Agreement, dated as of March 28January 15, 2013 and as further amended by that certain Eighth Loan Modification Agreement, dated as of June 28, 2013 2009 (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011, as amended by that certain Export-Import Bank First Loan Modification Agreement, dated as of March 28, 2013 and as further amended by that certain Export-Import Bank Second Loan Modification Agreement, dated as of June 28, 2013 (as may be further amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.
Appears in 1 contract
Sources: Loan Modification Agreement (Aspen Technology Inc /De/)
DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31January 29, 20112007, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31January 29, 20112007, between Borrower and Bank, as amended by that a certain Consent and First Loan Modification Agreement dated as of June 1November 30, 20112007, between Borrower and Bank, as further amended by that a certain Consent and Second Loan Modification Agreement dated as of June 14July 30, 20112008, between Borrower and Bank, as further amended by that a certain Consent and Third Loan Modification Agreement dated as of December 6November 30, 20112008, between Borrower and Bank, as further amended by that a certain Consent and Fourth Loan Modification Agreement dated as of June 11February 26, 20122009, between Borrower and Bank, as further amended by that a certain Fifth Loan Modification Agreement dated as of September 7April 27, 2012 2009, between Borrower and Bank, as further amended by that a certain Consent and Sixth Loan Modification AgreementAgreement dated as of March 22, 2010, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29, 2010, between Borrower and Bank, as further amended by a certain Eighth Loan Modification Agreement dated as of September 262010, 2012 between Borrower and Bank, as further amended by that a certain Consent and Seventh Ninth Loan Modification AgreementAgreement dated as of December 17, 2010, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 9, 2011, between Borrower and Bank, as further amended by a certain Eleventh Loan Modification Agreement dated as of June 9, 2011, between Borrower and Bank, as further amended by a certain Twelfth Loan Modification Agreement dated as of September 23, 2011, between Borrower and Bank, as further amended by a certain Thirteenth Loan Modification Agreement dated as of November 7, 2011, between Borrower and Bank, as further amended by a certain Fourteenth Loan Modification Agreement dated as of December 28, 2013 2011, between Borrower and Bank, as further amended by a certain Fifteenth Loan Modification Agreement dated as of February 29, 2012, between Borrower and Bank, and as further amended by that a certain Eighth Sixteenth Loan Modification Agreement, Agreement dated as of June 28March 30, 2013 2012, between Borrower and Bank (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011, as amended by that certain Export-Import Bank First Loan Modification Agreement, dated as of March 28, 2013 and as further amended by that certain Export-Import Bank Second Loan Modification Agreement, dated as of June 28, 2013 (as may be further amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.
Appears in 1 contract
DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31June 9, 2011, evidenced by, among other documents, (i) a that certain Loan and Security Agreement between Borrower and Bank dated as of March 31June 9, 2011, as amended by that certain Consent and First Loan Modification Agreement between Borrower and Bank dated as of March 13, 2012, as amended by that certain Second Loan Modification Agreement between Borrower and Bank dated as of June 18, 20112012, as further amended by that certain Consent and Second Third Loan Modification Agreement between Borrower and Bank dated as of June 14July 10, 20112012, but effective as of July 8, 2012, as further amended by that certain Consent and Third Loan Modification Agreement dated as of December 6, 2011, as further amended by that certain Consent and Fourth Loan Modification Agreement between Borrower and Bank dated as of June 11September 20, 2012, but effective as of August 7, 2012, as further amended by that certain Fifth Loan Modification Agreement between Borrower and Bank dated as of September 712, 2012 2013, but effective as further of August 6, 2013, as amended by that certain Consent and Sixth Loan Modification Agreement, Agreement between Borrower and Bank dated as of September 2618, 2012 2014, as further amended by that certain Consent and Seventh Loan Modification Agreement, Agreement between Borrower and Bank dated as of March 28August 5, 2013 2015, as amended by that certain Eighth Loan Modification Agreement between Borrower and Bank dated as of November 4, 2015, and as further amended by that certain Eighth Ninth Loan Modification Agreement, Agreement between Borrower and Bank dated as of June 28January 13, 2013 2016, but effective as of January 4, 2016 (as the same may be amended from time to timetime be further amended, modified, supplemented or restated, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011, as amended by that certain Export-Import Bank First Loan Modification Agreement, dated as of March 28, 2013 and as further amended by that certain Export-Import Bank Second Loan Modification Agreement, dated as of June 28, 2013 (as may be further amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.
Appears in 1 contract
Sources: Loan and Security Agreement (Acacia Communications, Inc.)
DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31November 30, 2011, evidenced by, among other documents, (i) a certain Second Amended and Restated Loan and Security Agreement (Domestic) dated as of March 31November 30, 2011, as amended by that a certain Consent and First Loan Modification Agreement (Domestic), dated as of June 1, 2011, as further amended by that certain Consent and Second Loan Modification Agreement dated as of June 14, 2011, as further amended by that certain Consent and Third Loan Modification Agreement dated as of December 6, 2011, as further amended by that certain Consent and Fourth Loan Modification Agreement dated as of June 11March 30, 2012, as further amended by that a certain Fifth Second Loan Modification and Waiver Agreement (Domestic), dated as of September 7May 1, 2012 2012, as further amended by that a certain Consent and Sixth Third Loan Modification Agreement, dated as of September 26May 7, 2012 as further amended by that certain Consent and Seventh Loan Modification Agreement, dated as of March 28, 2013 and as further amended by that a certain Eighth Fourth Loan Modification AgreementAgreement (Domestic), dated as of June December 28, 2013 2012 (as may be amended from time to time, the “Loan Agreement”) and (ii) a certain Amended and Restated Export-Import Bank Loan and Security Agreement, dated as of March 31November 30, 2011, as amended by that a certain Export-Import Bank First Loan Modification Agreement, dated as of March 2830, 2013 and 2012, as further amended by that certain Export-Import Bank Second Loan Modification and Waiver Agreement, dated as of June 28May 1, 2013 2012, as further amended by that certain Export-Import Bank Third Loan Modification Agreement, dated as of May 7, 2012 and as further amended by a certain Export-Import Bank Fourth Loan Modification Agreement, dated as of the date hereof (as may be further amended from time to time, the “EXIM Bank Loan and Security Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.
Appears in 1 contract
DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31November 30, 2011, evidenced by, among other documents, (i) a certain Amended and Restated Export-Import Bank Loan and Security Agreement dated as of March 31November 30, 2011, as amended by that a certain Consent and Export-Import Bank First Loan Modification Agreement dated as of June 1, 2011, as further amended by that certain Consent and Second Loan Modification Agreement dated as of June 14, 2011, as further amended by that certain Consent and Third Loan Modification Agreement dated as of December 6, 2011, as further amended by that certain Consent and Fourth Loan Modification Agreement dated as of June 11, 2012, as further amended by that certain Fifth Loan Modification Agreement dated as of September 7, 2012 as further amended by that certain Consent and Sixth Loan Modification Agreement, dated as of September 26, 2012 as further amended by that certain Consent and Seventh Loan Modification Agreement, dated as of March 2830, 2013 2012, as further amended by a certain Export-Import Bank Second Loan Modification and Waiver Agreement, dated as of May 1, 2012 and as further amended by that a certain Eighth Export-Import Bank Third Loan Modification Agreement, dated as of June 28May 7, 2013 2012 (as may be amended from time to time, the “Loan Agreement”) and (ii) a certain Export-Import Bank Second Amended and Restated Loan and Security AgreementAgreement (Domestic), dated as of March 31November 30, 2011, as amended by that a certain Export-Import Bank First Loan Modification AgreementAgreement (Domestic), dated as of March 30, 2012, as further amended by a certain Second Loan Modification and Waiver Agreement (Domestic), dated as of May 1, 2012 as further amended by a certain Third Loan Modification Agreement (Domestic), dated as of May 7, 2012, as further amended by a certain Fourth Loan Modification Agreement (Domestic), dated as of December 28, 2013 2012 and as further amended by that a certain Export-Import Bank Second Fifth Loan Modification AgreementAgreement (Domestic), dated as of June 28, 2013 the date hereof (as may be further amended from time to time, the “EXIM Loan Domestic Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement and/or the Domestic Agreement, as applicable.
Appears in 1 contract
DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31January 30, 20112003, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31January 30, 20112003 between Borrower, Aspentech, Inc. and Bank, as amended by that a certain Consent and letter agreement dated February 14, 2003, a certain First Loan Modification Agreement dated as of June 127, 20112003, as further amended by that a certain Consent and Second Loan Modification Agreement dated as of June 14September 10, 20112004, as further amended by that a certain Consent and Third Loan Modification Agreement dated as of December 6January 28, 20112005, as further amended by that a certain Consent and Fourth Loan Modification Agreement dated as of June 11April 1, 20122005, as further amended by that a certain Fifth Loan Modification Agreement dated as of May 6, 2005, a certain Sixth Loan Modification Agreement dated June 15, 2005, a certain Seventh Loan Modification Agreement dated September, 2005, a certain Eighth Amendment to Loan and Security Agreement dated November 22, 2005, a certain Ninth Loan Modification Agreement dated July 17, 2006, a certain Tenth Loan Modification Agreement dated September 715, 2012 as further amended by that 2006, a certain Consent Eleventh Loan Modification Agreement dated September 27, 2006, a certain Twelfth Loan Modification Agreement dated January 12, 2007, a certain Thirteenth Loan Modification Agreement dated April 13, 2007, a certain Fourteenth Loan Modification Agreement dated June 28, 2007, a certain Waiver Agreement dated June 28, 2007, a certain Fifteenth Loan Modification Agreement dated August 30, 2007, a certain Sixteenth Loan Modification Agreement dated October 16, 2007, a certain Seventeenth Loan Modification Agreement dated December 28, 2007, a certain Eighteenth Loan Modification Agreement dated January 24, 2008, a certain Nineteenth Loan Modification Agreement dated April 11, 2008, a certain Twentieth Loan Modification Agreement dated May 15, 2008, a certain Twenty-first Loan Modification Agreement dated June 13, 2008, a certain Twenty-second Loan Modification Agreement dated July 15, 2008, a certain Twenty-third Loan Modification Agreement, dated September 30, 2008, and Sixth a certain Twenty-fourth Loan Modification Agreement, dated as of September 26November 17, 2012 as further amended by that certain Consent and Seventh Loan Modification Agreement, dated as of March 28, 2013 and as further amended by that certain Eighth Loan Modification Agreement, dated as of June 28, 2013 2008 (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011, as amended by that certain Export-Import Bank First Loan Modification Agreement, dated as of March 28, 2013 and as further amended by that certain Export-Import Bank Second Loan Modification Agreement, dated as of June 28, 2013 (as may be further amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.
Appears in 1 contract
Sources: Loan Modification Agreement (Aspen Technology Inc /De/)
DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31November 30, 2011, evidenced by, among other documents, (i) a certain Amended and Restated Export-Import Bank Loan and Security Agreement dated as of March 31November 30, 2011, as amended by that a certain Consent and Export-Import Bank First Loan Modification Agreement dated as of June 1, 2011, as further amended by that certain Consent and Second Loan Modification Agreement dated as of June 14, 2011, as further amended by that certain Consent and Third Loan Modification Agreement dated as of December 6, 2011, as further amended by that certain Consent and Fourth Loan Modification Agreement dated as of June 11, 2012, as further amended by that certain Fifth Loan Modification Agreement dated as of September 7, 2012 as further amended by that certain Consent and Sixth Loan Modification Agreement, dated as of September 26, 2012 as further amended by that certain Consent and Seventh Loan Modification Agreement, dated as of March 2830, 2013 2012, as further amended by a certain Export-Import Bank Second Loan Modification and Waiver Agreement, dated as of May 1, 2012, as further amended by a certain Export-Import Bank Third Loan Modification Agreement, dated as of May 7, 2012 and as further amended by that certain Eighth Export-Import Bank Fourth Loan Modification AgreementModification, dated as of June 28March 29, 2013 (as may be amended from time to time, the “Loan Agreement”) and (ii) a certain Export-Import Bank Second Amended and Restated Loan and Security AgreementAgreement (Domestic), dated as of March 31November 30, 2011, as amended by that a certain Export-Import Bank First Loan Modification AgreementAgreement (Domestic), dated as of March 30, 2012, as further amended by a certain Second Loan Modification and Waiver Agreement (Domestic), dated as of May 1, 2012 as further amended by a certain Third Loan Modification Agreement (Domestic), dated as of May 7, 2012, as further amended by a certain Fourth Loan Modification Agreement (Domestic), dated as of December 28, 2012, as further amended by a certain Fifth Loan Modification Agreement (Domestic), dated as of March 29, 2013 and as further amended by that certain Export-Import Bank Second Sixth Loan Modification and Waiver Agreement, dated as of June 28, 2013 the date hereof (as may be further amended from time to time, the “EXIM Loan Domestic Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement and/or the Domestic Agreement, as applicable.
Appears in 1 contract
DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31November 30, 2011, evidenced by, among other documents, (i) a certain Second Amended and Restated Loan and Security Agreement (Domestic) dated as of March 31November 30, 2011, as amended by that a certain Consent and First Loan Modification Agreement (Domestic), dated as of June 1, 2011, as further amended by that certain Consent and Second Loan Modification Agreement dated as of June 14, 2011, as further amended by that certain Consent and Third Loan Modification Agreement dated as of December 6, 2011, as further amended by that certain Consent and Fourth Loan Modification Agreement dated as of June 11March 30, 2012, as further amended by that a certain Fifth Second Loan Modification and Waiver Agreement (Domestic), dated as of September 7May 1, 2012 2012, as further amended by that a certain Consent and Sixth Third Loan Modification Agreement, dated as of September 26May 7, 2012, as further amended by a certain Fourth Loan Modification Agreement (Domestic), dated as of December 28, 2012 as further amended by that a certain Consent and Seventh Fifth Loan Modification AgreementAgreement (Domestic), dated as of March 2829, 2013 and as further amended mended by that a certain Eighth Sixth Loan Modification Agreementand Waiver Agreement (Domestic), dated as of June 28, 2013 (“Sixth Loan Modification (Domestic”) (as may be amended from time to time, the “Loan Agreement”) and (ii) a certain Amended and Restated Export-Import Bank Loan and Security Agreement, dated as of March 31November 30, 2011, as amended by that a certain Export-Import Bank First Loan Modification Agreement, dated as of March 2830, 2013 and 2012, as further amended by that certain Export-Import Bank Second Loan Modification and Waiver Agreement, dated as of May 1, 2012, as further amended by that certain Export-Import Bank Third Loan Modification Agreement, dated as of May 7, 2012, as further amended by a certain Export-Import Bank Fourth Loan Modification Agreement, dated as of March 29, 2013, as further mended by a certain Export-Import Bank Fifth Loan Modification Agreement, dated as of June 28, 2013 and as further amended by a certain Export-Import Bank Sixth Loan Modification Agreement, dated as of the date hereof (as may be further amended from time to time, the “EXIM Bank Loan and Security Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.
Appears in 1 contract
DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31, 2011arrangement, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31, 2011, as amended by that certain Consent and First Loan Modification Agreement dated as of June 1, 2011, as further amended by that certain Consent and Second Loan Modification Agreement dated as of June 14, 2011, as further amended by that certain Consent and Third Loan Modification Agreement dated as of December 6, 2011, as further amended by that certain Consent and Fourth Loan Modification Agreement dated as of June 11, 2012, as further amended by that certain Fifth Loan Modification Agreement dated as of September 7, 2012 as further amended by that certain Consent and Sixth Loan Modification Agreement, dated as of September 26, 2012 as further amended by that certain Consent and Seventh Loan Modification Agreement, dated as of March 28, 2013 and as further amended by that certain Eighth Loan Modification Agreement, dated as of June 28, 2013 and as further amended by that certain Ninth Loan Modification Agreement, dated as of November 5, 2013 (as may be amended further amended, restated, modified or supplemented, from time to time, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011, as amended by that certain Export-Import Bank First Loan Modification Agreement, dated as of March 28, 2013 and 2013, as further amended by that certain Export-Import Bank Second Loan Modification Agreement, dated as of June 28, 2013 and as further amended by that certain Export-Import Bank Third Loan Modification Agreement, dated as of the date hereof (as may be further amended amended, restated, modified or supplemented from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.
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DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31January 29, 20112007, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31January 29, 20112007, between Borrower and Bank, as amended by that a certain Consent and First Loan Modification Agreement dated as of June 1November 30, 20112007, between Borrower and Bank, as further amended by that a certain Consent and Second Loan Modification Agreement dated as of June 14July 30, 20112008, between Borrower and Bank, as further amended by that a certain Consent and Third Loan Modification Agreement dated as of December 6November 30, 20112008, between Borrower and Bank, as further amended by that a certain Consent and Fourth Loan Modification Agreement dated as of June 11February 26, 20122009, between Borrower and Bank, as further amended by that a certain Fifth Loan Modification Agreement dated as of September 7April 27, 2012 2009, between Borrower and Bank, as further amended by that a certain Consent and Sixth Loan Modification AgreementAgreement dated as of March 22, 2010, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement ("Seventh Amendment") dated as of June 29, 2010, between Borrower and Bank, as further amended by a certain Eighth Loan Modification Agreement dated as of September 262010, 2012 between Borrower and Bank, as further amended by that a certain Consent and Seventh Ninth Loan Modification AgreementAgreement dated as of December 17, 2010, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 289, 2013 2011, between Borrower and Bank, as further amended by a certain Eleventh Loan Modification Agreement dated as of June 9, 2011, between Borrower and Bank, as further amended by a certain Twelfth Loan Modification Agreement dated as of September 23, 2011, between Borrower and Bank, and as further amended by that a certain Eighth Thirteenth Loan Modification Agreement, Agreement dated as of June 28, 2013 (as may be amended from time to time, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31November 7, 2011, as amended by that certain Export-Import Bank First Loan Modification Agreement, dated as of March 28, 2013 and as further amended by that certain Export-Import Bank Second Loan Modification Agreement, dated as of June 28, 2013 (as may be further amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and BankBank (as amended, the "Loan Agreement"). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.
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DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31January 30, 20112003, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31January 30, 20112003 between Borrower, Aspentech, Inc. and Bank, as amended by that a certain Consent and letter agreement dated February 14, 2003, a certain First Loan Modification Agreement dated as of June 127, 20112003, as further amended by that a certain Consent and Second Loan Modification Agreement dated as of June 14September 10, 20112004, as further amended by that a certain Consent and Third Loan Modification Agreement dated as of December 6January 28, 20112005, as further amended by that a certain Consent and Fourth Loan Modification Agreement dated as of June 11April 1, 20122005, as further amended by that a certain Fifth Loan Modification Agreement dated as of September 7May 6, 2012 as further amended by that 2005, a certain Consent and Sixth Loan Modification AgreementAgreement dated June 15, dated as of September 262005, 2012 as further amended by that a certain Consent and Seventh Loan Modification AgreementAgreement dated September, dated as of March 282005, 2013 and as further amended by that a certain Eighth Amendment to Loan and Security Agreement dated November 22, 2005, a certain Ninth Loan Modification AgreementAgreement dated July 17, 2006, a certain Tenth Loan Modification Agreement dated as of September 15, 2006, a certain Eleventh Loan Modification Agreement dated September 27, 2006, a certain Twelfth Loan Modification Agreement dated January 12, 2007, a certain Thirteenth Loan Modification Agreement dated April 13, 2007, a certain Fourteenth Loan Modification Agreement dated June 28, 2013 2007, a certain Waiver Agreement dated June 28, 2007, a certain Fifteenth Loan Modification Agreement dated August 30, 2007, a certain Sixteenth Loan Modification Agreement dated October 16, 2007, a certain Seventeenth Loan Modification Agreement dated December 28, 2007, a certain Eighteenth Loan Modification Agreement dated January 24, 2008, a certain Nineteenth Loan Modification Agreement dated April 11, 2008, a certain Twentieth Loan Modification Agreement dated May 15, 2008, a certain Twenty-first Loan Modification Agreement dated June 13, 2008 and a certain Twenty-second Loan Modification Agreement dated July 15, 2008 (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011, as amended by that certain Export-Import Bank First Loan Modification Agreement, dated as of March 28, 2013 and as further amended by that certain Export-Import Bank Second Loan Modification Agreement, dated as of June 28, 2013 (as may be further amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.
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Sources: Loan Modification Agreement (Aspen Technology Inc /De/)
DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31January 29, 20112007, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31January 29, 20112007, between Borrower and Bank, as amended by that a certain Consent and First Loan Modification Agreement dated as of June 1November 30, 20112007, between Borrower and Bank, as further amended by that a certain Consent and Second Loan Modification Agreement dated as of June 14July 30, 20112008, between Borrower and Bank, as further amended by that a certain Consent and Third Loan Modification Agreement dated as of December 6November 30, 20112008, between Borrower and Bank, as further amended by that a certain Consent and Fourth Loan Modification Agreement dated as of June 11February 26, 20122009, between Borrower and Bank, as further amended by that a certain Fifth Loan Modification Agreement dated as of September 7April 27, 2012 2009, between Borrower and Bank, as further amended by that a certain Consent and Sixth Loan Modification AgreementAgreement dated as of March 22, 2010, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29, 2010, between Borrower and Bank, as further amended by a certain Eighth Loan Modification Agreement dated as of September 262010, 2012 between Borrower and Bank, as further amended by that a certain Consent and Seventh Ninth Loan Modification AgreementAgreement dated as of December 17, 2010, between Borrower and Bank, as further amended by a certain Tenth Loan Modification Agreement dated as of March 289, 2013 2011, between Borrower and Bank, as further amended by a certain Eleventh Loan Modification Agreement dated as of June 9, 2011, between Borrower and Bank, as further amended by a certain Twelfth Loan Modification Agreement dated as of September 23, 2011, between Borrower and Bank, and as further amended by that a certain Eighth Thirteenth Loan Modification Agreement, Agreement dated as of June 28November 7, 2013 2011, between Borrower and Bank (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011, as amended by that certain Export-Import Bank First Loan Modification Agreement, dated as of March 28, 2013 and as further amended by that certain Export-Import Bank Second Loan Modification Agreement, dated as of June 28, 2013 (as may be further amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.
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