CONFIRMED. The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or the Lenders, nor constitute a waiver of any provision of the Credit Agreement or any other Loan Document (except as expressly set forth herein). Nothing herein shall constitute a waiver by the Administrative Agent or the Lenders of any existing (except as expressly waived above) or hereafter arising Default or Event of Default nor shall the Administrative Agent's and the Lenders' execution and delivery of this Amendment establish a course of dealing among the Administrative Agent, the Lenders, the Borrower or any other obligor or in any other way obligate the Administrative Agent or any Lenders to provide hereafter any further consents, waivers or modifications with respect to the Credit Agreement.
CONFIRMED s/ Xxxx Xxxxx ---------------------------------------- Print Name: Xxxx Xxxxx Title: CFO SILICON VALLEY BANK INVOICE FOR LOAN CHARGES BORROWER: ATHENAHEALTH, INC. LOAN OFFICER: R. XXXXX XXXXX DATE: SEPTEMBER 23, 2005 Commitment Fee $37,500.00 TOTAL FEES DUE $37,500.00 Please indicate the method of payment: [ ] A check for the total amount is attached. [ ] Debit DDA _____________ for the total amount. [ ] Loan proceeds ------------------------------------- ---------------------------------------- Silicon Valley Bank (Date) Account Officer's Signature BORROWER: ATHENSAHEALTH, INC. By: --------------------------------- Name: ------------------------------- Title: ------------------------------ BANK: SILICON VALLEY BANK: By: --------------------------------- Name: ------------------------------- Title: ------------------------------ SEVENTH LOAN MODIFICATION AGREEMENT This Seventh Loan Modification Agreement (this "Loan Modification Agreement") is entered into as of January 24, 2006, by and between SILICON VALLEY BANK, a California-chartered bank, with its principal place of business at 0000 Xxxxxx Xxxxx, Xxxxx Xxxxx, Xxxxxxxxxx 00000 and with a loan production office located at One Xxxxxx Executive Park, Suite 200, 0000 Xxxxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000 ("Bank") and ATHENAHEALTH, INC., a Delaware corporation with its chief executive office located at 000 Xxxxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxxxxxx 00000 ("Borrower").
CONFIRMED. Raymxxx X. Xxxxx
CONFIRMED. Edison Mission Marketing & Trading, Inc. EMMT_Homer_Hedge By: [EMMT Authorized Representative] By: [EMMT Authorized Representative] Name: Name: Title: Title: Date: Date: COUNTERPARTY: AFTER YOU HAVE CONFIRMED TRANSACTION, PLEASE RETURN TO Edison Mission Marketing & Trading, Inc. Fax # 000-000-0000 ACKNOWLEDGMENT EME Homer City Generation L.P. acknowledges the execution of the Transaction identified by EMMT Trade Number . EME Homer City Generation L.P. By: [Xxxxx City Authorized Representative] Name: Title: Date: XXXXX CITY: Please return to EMMT. Fax # 000-000-0000 ANNEX II NOTICES EME Homer City Generation, L.P. NOTICES & CORRESPONDENCE EME Homer City Generation L.P. Homer City Generating Station 0000 Xxxxx Xxxxx Xxxx Xxxxx Xxxx, Pennsylvania 15748-8009 Attn: Plant Manager Facsimile No.: BILLING STATEMENTS EME Homer City Generation L.P. Homer City Generating Station 0000 Xxxxx Xxxxx Xxxx Xxxxx Xxxx, Pennsylvania 15748-8009 Attn: Plant Manager Fax: PAYMENTS The Bank of New York ABA: 000000000 GLA#: 111-565 Account #: 655437 Account: EME Homer City Gen, LP Revenue Fund Contact: Xx. Xxxxx Xxxxx Edison Mission Marketing & Trading, Inc.: NOTICES & CORRESPONDENCE Edison Mission Marketing & Trading, Inc. 000 Xxxxxxx Xxxxxx Xxxxxx, XX 00000-0000 Attn: Matt Most, Xxx Xxxxx Fax: 000-000-0000 BILLING STATEMENTS Edison Mission Marketing & Trading, Inc. 000 Xxxxxxx Xxxxxx Xxxxxx, XX 00000-0000 Attention: Trade Accounting Fax: 000-000-0000 PAYMENTS Fleet Bank ABA: 000-000-000 Account #: 056-225-6897 Account of: Edison Mission Marketing & Trading, Inc.—Trade Accounting QuickLinks Exhibit 10.34
CONFIRMED. Print Name: ----------------------------- Title: ----------------------------------
CONFIRMED. 2. Please confirm, correct, or provide the following information about the Xxxxx X. Xxxxxxxx Xxxxxxxx: • Has a daily permitted capacity of 11,500 tons per day. Confirmed. • Is scheduled to close in 2053. Confirmed. • What is the remaining permitted capacity of the landfill in cubic yards? 192.3 million cubic yards as of June 30, 2013.
CONFIRMED. Print Name: ----------------------------- Title: ---------------------------------- CORPORATE RESOLUTIONS FOR AMENDING LOAN ARRANGEMENT Xxxxxxx Xxxxxxxx, being the Secretary of KANBAY INTERNATIONAL, INC., a corporation duly organized, validly existing, and in good standing under the laws of the State of Delaware, CERTIFIES that the following resolutions were adopted CHECK [] at a duly called and conducted meeting of the Directors of ONE said corporation held on ______________ at which a quorum was present and voting throughout, [xx] by the unanimous consent of the Directors of said corporation, the originals of which consents having been placed with the records of meetings of Directors of said corporation, and are in conformity with the Certificate of Incorporation and By-Laws of said corporation (each as amended to date) and that each of the following resolutions presently is in full force and effect without change: AMENDMENT OF LOAN ARRANGEMENT RESOLVED, That this corporation amend its loan arrangements with Silicon Valley Bank (hereinafter, with any successor, the "Bank") in such manner as has been or is hereafter discussed and negotiated by and between the Bank on the one hand and any of the following, acting on behalf of this corporation, on the other: Insert title, only, if Persons to act on behalf of corporation have titles. Otherwise, insert names. In connection with the foregoing, each of said officers and/or persons, acting as described above, is authorized to execute, seal, acknowledge, and deliver in the name of and on behalf of this corporation such instruments, documents, and papers which relate thereto as may be appropriate, each in such form and upon such terms as the officer(s) and/or person(s) so authorized determines, such execution and delivery to be conclusive of such officer'(s) and/or person'(s) authority so to act in the name of and on behalf of this corporation. DELEGATION OF AUTHORITY RESOLVED, That any one of the officers and/or persons authorized by the foregoing Resolution, acting singly, may by written instrument furnished the Bank delegate to any other officer or person the same authority which is vested singly and individually by said Resolution in the person(s) or officer(s) so delegating authority, which written delegation shall be in such form as may be requested by the Bank and may be subject to such restrictions and limitations as may be indicated thereon. CONTINUATION OF AUTHORITY RESOLVED, That all resolutions and del...