Common use of Borrower's Agreement Clause in Contracts

Borrower's Agreement. The undersigned Borrower hereby acknowledges receipt of a copy of the foregoing Subordination Agreement and agrees not to pay any Junior Debt, except as provided therein. In the event Borrower breaches this Agreement or any of the provisions of the foregoing Subordination Agreement, Borrower agrees that, in addition to all other rights and remedies Silicon has, all of the Senior Debt shall, at Silicon’s option and without notice or demand, become immediately due and payable, unless Silicon expressly agrees in writing to waive such breach. No waiver by Silicon of any breach shall be effective unless in writing signed by one of Silicon’s authorized officers, and no such waiver shall be deemed to extend to or waive any other or subsequent breach. Borrower further agrees that any default or event of default by Borrower on the Junior Debt or under any present or future instrument or agreement between Borrower and the Creditors shall constitute a default and event of default under all present and future instruments and agreements between Borrower and Silicon. Borrower further agrees that, at any time and from time to time, the foregoing Subordination Agreement may be altered, modified or amended by Silicon and the Creditors without notice to Borrower and without further consent by Borrower. Borrower: RACKABLE SYSTEMS, INC. By /s/ Xxxxxxxx Xxxxxxxxx President or Vice President

Borrower's Agreement. The undersigned Borrower hereby acknowledges receipt of a copy of the foregoing Subordination Agreement and agrees not to pay any Junior Debt, except as provided therein. In the event Borrower breaches this Agreement or any of the provisions of the foregoing Subordination Agreement, Borrower agrees that, in addition to all other rights and remedies Silicon has, all of the Senior Debt shall, at Silicon’s option and without notice or demand, become immediately due and payable, unless Silicon expressly agrees in writing to waive such breach. No waiver by Silicon of any breach shall be effective unless in writing signed by one of Silicon’s authorized officers, and no such waiver shall be deemed to extend to or waive any other or subsequent breach. Borrower further agrees that any default or event of default by Borrower on the Junior Debt or under any present or future instrument or agreement between Borrower and the Creditors Creditor shall constitute a default and event of default under all present and future instruments and agreements between Borrower and Silicon. Borrower further agrees that, at any time and from time to time, the foregoing Subordination Agreement may be altered, modified or amended by Silicon and the Creditors Creditor without notice to Borrower and without further consent by Borrower. Borrower: RACKABLE SYSTEMS, INC. SIPEX CORPORATION By /s/ Xxxxxxxx Xxxxxxxxx Xxxxx X. Xxxxxx President or Vice PresidentPresident EXHIBIT B MORTGAGEE WAIVER AND CONSENT THIS MORTGAGEE’S WAIVER AND CONSENT (“Waiver and Consent”) is made and entered into as of this 19th day of January, 2006 by and among Rodfre Holdings LLC (“Mortgagee”) and Silicon Valley Bank (“Bank”).

Borrower's Agreement. The undersigned Borrower hereby acknowledges receipt of a copy of the foregoing Subordination Agreement and agrees not to pay any Junior Debt, except as provided therein. In the event If Borrower breaches this Agreement or any of the provisions of the foregoing Subordination Agreement, Borrower agrees that, in addition to all other rights and remedies Silicon has, all of the Senior Debt shall, at Silicon’s 's option and without notice or demand, become immediately due and payable, unless Silicon expressly agrees in writing to waive such breach. No waiver by Silicon of any breach shall be effective unless in writing signed by one of Silicon’s 's authorized officers, and no such waiver shall be deemed to extend to or waive any other or subsequent breach. Borrower further agrees that any default or event of default by Borrower on the Junior Debt Debt, or under any present or future instrument or agreement between Borrower and the Creditors Creditor, or any breach of the foregoing Subordination Agreement by Borrower or the Creditor shall constitute a default and event of default under all present and future instruments and agreements between Borrower and Silicon. Borrower further agrees that, at any time and from time to time, the foregoing Subordination Agreement may be altered, modified or amended by Silicon and the Creditors Creditor without notice to Borrower and without further consent by Borrower. Borrower: RACKABLE SYSTEMS, INC. By /s/ Xxxxxxxx Xxxxxxxxx President or Vice PresidentBORROWER: