Common use of CONTINUING VALIDITY Clause in Contracts

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Business Financing Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's Lender’s agreement to modifications to the existing Indebtedness pursuant to this Loan Business Financing Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Business Financing Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Business Financing Modification Agreement. The terms of this paragraph apply not only to this Loan Business Financing Modification Agreement, but also to all any subsequent loan Business Financing modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing ------------------- below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan and Security Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's Lender’s agreement to modifications to the existing Indebtedness pursuant to this Loan and Security Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan and Security Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan and Security Modification Agreement. The terms of this paragraph apply not only to this Loan and Security Modification Agreement, but also to all any subsequent loan Loan and Security modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan and Security Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness pursuant to this Loan and Security Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan and Security Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan and Security Modification Agreement. The terms of this paragraph apply not only to this Loan and Security Modification Agreement, but also to all any subsequent loan Loan and Security modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Silicon is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankSilicon's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Silicon to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Silicon and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Silicon in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Accounts Receivable Financing Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Accounts Receivable Financing Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Accounts Receivable Financing Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Accounts Receivable Financing Modification Agreement. The terms of this paragraph apply not only to this Loan Accounts Receivable Financing Modification Agreement, but also to all any subsequent loan Accounts Receivable Financing modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph Paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) Seller understands and agrees that in modifying the existing Indebtedness, Bank Buyer is relying upon Borrower's Seller’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Accounts Receivable Purchase Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's Buyer’s agreement to modifications to the existing Indebtedness pursuant to this Loan Accounts Receivable Purchase Modification Agreement in no way shall obligate Bank Buyer to make any future modifications to the Indebtedness. Nothing in this Loan Accounts Receivable Purchase Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Buyer and Borrower Seller to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Buyer in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Accounts Receivable Purchase Modification Agreement. The terms of this paragraph apply not only to this Loan Accounts Receivable Purchase Modification Agreement, but also to all any subsequent loan Accounts Receivable Purchase modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan and Security Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan and Security Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan and Security Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan and Security Modification Agreement. The terms of this paragraph apply not only to this Loan and Security Modification Agreement, but also to all any subsequent loan Loan and Security modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing IndebtednessObligations, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that (i) in modifying the existing IndebtednessExisting Loan Documents, Bank is relying upon Borrower's representations, warranties, warranties and agreements, as set forth in the Existing Loan Documents. Except , (ii) except as expressly modified pursuant to this Loan Modification AgreementAgreement (including the effects of Section 6 hereof), the terms of the Existing Loan Documents remain unchanged and in full force and effect. , (iii) Bank's agreement to modifications to modify the existing Indebtedness Existing Loan Documents pursuant to this Loan Modification Agreement shall in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Existing Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It Documents, (iv) it is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of the Existing Loan Documents, unless the a party is expressly released by Bank in writing. No , (v) no maker, endorser, endorser or guarantor will be released by virtue of this Loan Modification Agreement. The , and (vi) the terms of this paragraph Section 8 apply not only to this Loan Modification Agreement, Agreement but also to all subsequent loan modification agreements, if any.

CONTINUING VALIDITY. Each Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon such Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Business Financing Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's Lender’s agreement to modifications to the existing Indebtedness pursuant to this Loan Business Financing Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Business Financing Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower Borrowers to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Business Financing Modification Agreement. The terms of this paragraph apply not only to this Loan Business Financing Modification Agreement, but also to all any subsequent loan Business Financing modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing IndebtednessObligations, Bank PFG is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification AgreementModification, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankPFG's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement Obligations in no way shall obligate Bank PFG to make any future consents, waivers or modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations or a waiver of any default under the Existing Loan Documents. It is the intention of Bank PFG and Borrower to retain as liable parties all makers and endorsers endorsers, if any, of the Existing Loan Documents, unless the party is expressly released by Bank PFG in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification AgreementModification. The terms of this paragraph apply not only to this Loan Modification AgreementModification, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (Borrowers understand and each guarantor and pledgor signing below) understands and agrees agree that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's Borrowers' representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower Borrowers to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party partly is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph Paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents, and Borrower hereby represents and warrants that the representations and warranties contained in the Existing Documents are true and correct as of the date of hereof, and that no Event of Default has occurred and is continuing. Except as expressly modified pursuant to this Loan Modification AgreementAmendment, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement Amendment in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement Amendment shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification AgreementAmendment. The terms of this paragraph apply not only to this Loan Modification AgreementAmendment, but also to all any subsequent loan modification Business Financing Modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Business Financing Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's Lender’s agreement to modifications to the existing Indebtedness pursuant to this Loan Business Financing Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Business Financing Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Business Financing Modification Agreement. The terms of this paragraph apply not only to this Loan Business Financing Modification Agreement, but also to all any subsequent loan business financing modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtednessindebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtednessindebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtednessindebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Silicon is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankSilicon's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Silicon to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Silicon and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Silicon in writing. No Except as otherwise expressly provided herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing IndebtednessExisting Loan Documents, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan DocumentsDocuments and herein, and Borrower hereby ratifies and affirms all such representations and warranties as if fully restated herein. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to modification of the existing Indebtedness Existing Loan Documents pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future amendments or modifications to the IndebtednessExisting Loan Documents. Nothing in this Loan Modification Agreement shall constitute a novation or satisfaction of the IndebtednessBorrower's Obligations to Bank. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that (i) in modifying the existing IndebtednessExisting Loan Documents, Bank is relying upon Borrower's representations, warranties, warranties and agreements, as set forth in the Existing Loan Documents. Except , (ii) except as expressly modified pursuant to this Loan Modification AgreementAgreement (including the effects of Section 7 hereof), the terms of the Existing Loan Documents remain unchanged and in full force and effect. , (iii) Bank's agreement to modifications to modify the existing Indebtedness Existing Loan Documents pursuant to this Loan Modification Agreement shall in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Existing Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It Documents, (iv) it is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of the Existing Loan Documents, unless the a party is expressly released by Bank in writing. No , (v) no maker, endorser, endorser or guarantor will be released by virtue of this Loan Modification Agreement. The , and (vi) the terms of this paragraph Section 9 apply not only to this Loan Modification Agreement, Agreement but also to all subsequent loan modification agreements, if any.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Business Financing Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan Business Financing Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Business Financing Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Business Financing Modification Agreement. The terms of this paragraph apply not only to this Loan Business Financing Modification Agreement, but also to all any subsequent loan Business Financing modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing ------------------- below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing IndebtednessObligations, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph Paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing IndebtednessObligations and Loan Agreement hereunder, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan DocumentsDocuments as modified by this Amendment. Except as expressly modified pursuant to this Loan Modification AgreementAmendment, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement Amendment in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement Amendment shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan DocumentsDocuments as in effect prior to the effectiveness of this Amendment, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification AgreementAmendment. The terms of this paragraph apply not only to this Loan Modification AgreementAmendment, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower Borrowers (and each guarantor and pledgor signing below) understands understand and agrees agree that in modifying the existing Indebtedness, Bank is relying upon Borrower's Borrowers’ representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower Borrowers to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph Paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.. This Loan Modification Agreement is executed as of the date first written above. BORROWER: LENDER: LASERSCOPE, INC. SILICON VALLEY BANK

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing IndebtednessObligations, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing IndebtednessExisting Loan Documents, Bank is relying upon Borrower's representations, warranties, warranties and agreements, agreements as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification AgreementModification, the terms of the Existing Loan Documents remain unchanged and in full force and effect, and hereafter the Existing Loan Documents shall include the terms of this Modification as if set forth therein in full. Bank's agreement to modifications to the existing Indebtedness Existing Loan Documents pursuant to this Loan Modification Agreement shall in no way shall obligate Bank to make any future modifications to the IndebtednessExisting Loan Documents. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessIndebtedness or any portion thereof. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification AgreementModification. The terms of this paragraph apply not only to this Loan Modification AgreementModification, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. This Loan Modification Agreement is executed as of the date first written above.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing IndebtednessExisting Documents, Bank Lender is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documentstherein. Except as expressly modified pursuant to this Loan Business Financing Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's Lender’s agreement to modifications to the existing Indebtedness Existing Documents pursuant to this Loan Business Financing Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Existing Documents or the Indebtedness. Nothing in this Loan Business Financing Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Business Financing Modification Agreement. The terms of this paragraph apply not only to this Loan Business Financing Modification Agreement, but also to all any subsequent loan modification agreements.agreements relating to the Business Financing Agreement. ~~ signatures follow ~~

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing IndebtednessObligations, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: At ROAD, INC. SILICON VALLEY BANK

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing IndebtednessObligations, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's Borrowers’ representations, warranties, and agreements, as set forth in the Existing Loan Documents, and Borrower hereby represents and warrants that the representations and warranties contained in the Existing Documents are true and correct as of the date of hereof, and that no Event of Default has occurred and is continuing. Except as expressly modified pursuant to this Loan Modification AgreementAmendment, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement Amendment in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement Amendment shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification AgreementAmendment. The terms of this paragraph apply not only to this Loan Modification AgreementAmendment, but also to all any subsequent loan modification Business Financing Modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor Guarantor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification and Forbearance Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification and Forbearance Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification and Forbearance Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing the Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification and Forbearance Agreement. The terms of this paragraph Paragraph apply not only to this Loan Modification and Forbearance Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor Pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph Paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Accounts Receivable Financing Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness pursuant to this Loan Accounts Receivable Financing Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Accounts Receivable Financing Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Accounts Receivable Financing Modification Agreement. The terms of this paragraph apply not only to this Loan Accounts Receivable Financing Modification Agreement, but also to all any subsequent loan Accounts Receivable Financing modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtednessindebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing IndebtednessExisting Documents, Bank Lender is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documentstherein. Except as expressly modified pursuant to this Loan Business Financing Modification and Waiver Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's Lender’s agreement to modifications to the existing Indebtedness Existing Documents pursuant to this Loan Business Financing Modification and Waiver Agreement in no way shall obligate Bank Lender to make any future modifications to the Existing Documents or the Indebtedness. Nothing in this Loan Business Financing Modification and Waiver Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Business Financing Modification and Waiver Agreement. The terms of this paragraph apply not only to this Loan Business Financing Modification and Waiver Agreement, but also to all any subsequent loan modification agreements.agreements relating to the Business Financing Agreement. ~~ signatures follow ~~

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is Lenders are relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan and Security Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's Lenders’ agreement to modifications to the existing Indebtedness pursuant to this Loan and Security Modification Agreement in no way shall obligate Bank Lenders to make any future modifications to the Indebtedness. Nothing in this Loan and Security Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lenders and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lenders in writing. No maker, endorser, or guarantor will be released by virtue of this Loan and Security Modification Agreement. The terms of this paragraph apply not only to this Loan and Security Modification Agreement, but also to all any subsequent loan Loan and Security modification agreements.

CONTINUING VALIDITY. Borrower (Borrowers understand and each guarantor and pledgor signing below) understands and agrees agree that in modifying the Existing Loan Documents and existing Indebtedness, Bank is relying upon Borrower's Borrowers' representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the Existing Loan Documents and existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Existing Loan Documents or the existing Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower Borrowers to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that (i) in modifying the existing IndebtednessExisting Loan Documents, Bank is relying upon Borrower's representations, warranties, warranties and agreements, as set forth in the Existing Loan Documents. Except , (ii) except as expressly modified pursuant to this Second Loan Modification AgreementAgreement (including the effects of Section 6 hereof), the terms of the Existing Loan Documents remain unchanged and in full force and effect. , (iii) Bank's agreement to modifications to modify the existing Indebtedness Existing Loan Documents pursuant to this Second Loan Modification Agreement shall in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Existing Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It Documents, (iv) it is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of the Existing Loan Documents, unless the a party is expressly released by Bank in writing. No , (v) no maker, endorser, endorser or guarantor will be released by virtue of this Second Loan Modification Agreement. The , and (vi) the terms of this paragraph Section 8 apply not only to this Second Loan Modification Agreement, Agreement but also to all subsequent loan modification agreements, if any.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing ------------------- below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's Borrowers representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. This Loan Modification Agreement is executed as of the date first written above.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing ------------------- below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.. This Loan Modification Agreement is executed as of the date first written above. BORROWER: LENDER: DATA CRITICAL CORP. SILICON VALLEY BANK

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that (i) in modifying the existing IndebtednessExisting Loan Documents, Bank is relying upon Borrower's representations, warranties, warranties and agreements, as set forth in the Existing Loan Documents. Except , (ii) except as expressly modified pursuant to this Loan Modification AgreementAgreement (including the effects of Section 6 hereof), the terms of the Existing Loan Documents remain unchanged and in full force and effect. , (iii) Bank's agreement to modifications to modify the existing Indebtedness Existing Loan Documents pursuant to this Loan Modification Agreement shall in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Existing Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It Documents, (iv) it is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of the Existing Loan Documents, Documents1 unless the a party is expressly released by Bank in writing. No , (v) no maker, endorser, endorser or guarantor will be released by virtue of this Loan Modification Agreement. The Agreement and (vi) the terms of this paragraph Section 8 apply not only to this Loan Modification Agreement, Agreement but also to all subsequent loan modification agreements, if any.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the ------------------- existing Indebtedness, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents; provided however that the Schedule to the Loan Agreement shall be amended and restated as set forth on Exhibit C attached hereto. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph Paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing IndebtednessObligations, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: T/R SYSTEMS, INC. SILICON VALLEY BANK

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, ,and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtednessindebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtednessindebtedness, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Default Waiver Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Default Waiver Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Default Waiver Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Default Waiver Agreement. The terms of this paragraph apply not only to this Loan Modification Default Waiver Agreement, but also to all any subsequent loan modification agreements.. ** CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO CERTAIN PORTIONS OF THIS AGREEMENT. CONFIDENTIAL TREATMENT REQUESTED

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: ESPERION THERAPEUTICS, INC. SILICON VALLEY BANK

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Silicon is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankSilicon's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Silicon to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Silicon and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Silicon in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.. This Loan Modification Agreement is executed as of the date first written above. BORROWER: SILICON: MISSION CRITICAL SOFTWARE, INC. SILICON VALLEY BANK

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtednessindebtedness, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. This Loan Modification Agreement is executed as of the date first written above.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that (i) in ------------------- modifying the existing IndebtednessExisting Loan Documents, Bank is relying upon Borrower's representations, warranties, warranties and agreements, as set forth in the Existing Loan Documents. Except , (ii) except as expressly modified pursuant to this Loan Modification AgreementAgreement (including the effects of Section 6 hereof), the terms of the Existing Loan Documents remain unchanged and in full force and effect. , (iii) Bank's agreement to modifications to modify the existing Indebtedness Existing Loan Documents pursuant to this Loan Modification Agreement shall in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Existing Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It Documents, (iv) it is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of the Existing Loan Documents, unless the a party is expressly released by Bank in writing. No , (v) no maker, endorser, endorser or guarantor will be released by virtue of this Loan Modification Agreement. The , and (vi) the terms of this paragraph Section 8 apply not only to this Loan Modification Agreement, Agreement but also to all subsequent loan modification agreements, if any.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Business Financing Modification Agreement, the terms terns of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan Business Financing Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Business Financing Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Business Financing Modification Agreement. The terms of this paragraph apply not only to this Loan Business Financing Modification Agreement, but also to all any subsequent loan Business Financing modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that (i) in modifying the existing IndebtednessExisting Loan Documents, Bank is relying upon Borrower's representations, warranties, warranties and agreements, as set forth in the Existing Loan Documents. Except , (ii) except as expressly modified pursuant to this Third Loan Modification AgreementAgreement (including the effects of Section 6 hereof), the terms of the Existing Loan Documents remain unchanged and in full force and effect. , (iii) Bank's agreement to modifications to modify the existing Indebtedness Existing Loan Documents pursuant to this Third Loan Modification Agreement shall in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Existing Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It Documents, (iv) it is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of the Existing Loan Documents, unless the a party is expressly released by Bank in writing. No , (v) no maker, endorser, endorser or guarantor will be released by virtue of this Third Loan Modification Agreement. The , and (vi) the terms of this paragraph Section 8 apply not only to this Third Loan Modification Agreement, Agreement but also to all subsequent loan modification agreements, if any.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Silicon is relying upon Borrower's representations, warranties, and agreements, as set forth froth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankSilicon's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Silicon to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Silicon and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Silicon in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtednessindebtedness, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, Agreement the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bankeffect Lender's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing IndebtednessObligations, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, Agreement the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. Agreement The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower Borrowers (and each guarantor and pledgor signing below) understands understand and agrees agree that in modifying the existing Indebtedness, Bank is relying upon Borrower's Borrowers’ representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower Borrowers to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtednessindebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to and the waiver contained in this Loan Modification Agreement in no way shall obligate Bank to make any future consents, waivers or modifications to the Indebtednessindebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtednessindebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness and the consent to the Transaction pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future consents, waivers or modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that (i) in modifying the existing IndebtednessExisting Loan Documents, Bank is relying upon Borrower's representations, warranties, warranties and agreements, as set forth in the Existing Loan Documents. Except Documents and modified by the attached Disclosure Schedule, (ii) except as expressly modified pursuant to this Loan Modification AgreementAgreement (including the effects of Section 6 hereof), the terms of the Existing Loan Documents remain unchanged and in full force and effect. , (iii) Bank's agreement to modifications to modify the existing Indebtedness Existing Loan Documents pursuant to this Loan Modification Agreement shall in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Existing Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It Documents, (iv) it is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of the Existing Loan Documents, unless the a party is expressly released by Bank in writing. No , (v) no maker, endorser, endorser or guarantor will be released by virtue of this Loan Modification Agreement. The , and (vi) the terms of this paragraph Section 8 apply not only to this Loan Modification Agreement, Agreement but also to all subsequent loan modification agreements, if any.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this the Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan First Business Financing Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan First Business Financing Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan First Business Financing Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan First Business Financing Modification Agreement. The terms of this paragraph apply not only to this Loan First Business Financing Modification Agreement, but also to all any subsequent loan Business Financing modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtednessindebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtednessindebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtednessindebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying -------------------- the existing Indebtedness, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: SPECTRIAN CORPORATION SILICON VALLEY BANK

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged 4 and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.Modification

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing IndebtednessIndebtedness to the Bank, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan and Security Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness pursuant to this Loan and Security Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan and Security Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan and Security Modification Agreement. The terms of this paragraph apply not only to this Loan and Security Modification Agreement, but also to all any subsequent loan and security modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.. This Loan Modification Agreement is executed as of the date first written above. BORROWER: BANK: MMC NETWORKS, INC. SILICON VALLEY BANK

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that (i) in modifying the existing IndebtednessExisting Loan Documents, Bank is relying upon Borrower's representations, warranties, warranties and agreements, as set forth in the Existing Loan Documents. Except , (ii) except as expressly modified pursuant to this Fourth Loan Modification AgreementAgreement (including the effects of Section 6 hereof), the terms of the Existing Loan Documents remain unchanged and in full force and effect. , (iii) Bank's agreement to modifications to modify the existing Indebtedness Existing Loan Documents pursuant to this Fourth Loan Modification Agreement shall in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Existing Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It Documents, (iv) it is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of the Existing Loan Documents, unless the a party is expressly released by Bank in writing. No , (v) no maker, endorser, endorser or guarantor will be released by virtue of this Fourth Loan Modification Agreement. The , and (vi) the terms of this paragraph Section 8 apply not only to this Fourth Loan Modification Agreement, Agreement but also to all subsequent loan modification agreements, if any.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that (i) in modifying the existing IndebtednessExisting Loan Documents, Bank is relying upon Borrower's representations, warranties, warranties and agreements, as set forth in the Existing Loan Documents. Except , (ii) except as expressly modified pursuant to this Loan Modification AgreementAgreement (including the effects of Section 6 hereof), the terms of the Existing Loan Documents remain unchanged and in full force and effect. , (iii) Bank's agreement agreements to modifications to modify the existing Indebtedness Existing Loan Documents pursuant to this Loan Modification Agreement shall in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Existing Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It Documents, (iv) it is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of the Existing Loan Documents, unless the a party is expressly released by Bank in writing. No , (v) no maker, endorser, endorser or guarantor will be released by virtue of this Loan Modification Agreement. The , and (vi) the terms of this paragraph Section 8 apply not only to this Loan Modification Agreement, Agreement but also to all subsequent loan modification agreements, if any.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents, after giving effect to the modifications and amendments set forth in this Loan Modification Agreement. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's Lender’s agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtednessindebtedness, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, warranties and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Accounts Receivable Financing Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Accounts Receivable Financing Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Accounts Receivable Financing Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.Accounts Receivable

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying ------------------- the existing Indebtedness, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph Paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification and Forbearance Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification and Forbearance Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification and Forbearance Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing the Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification and Forbearance Agreement. The terms of this paragraph Paragraph apply not only to this Loan Modification and Forbearance Agreement, but also to all subsequent loan modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lenders is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan and Security Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's Lenders’ agreement to modifications to the existing Indebtedness pursuant to this Loan and Security Modification Agreement in no way shall obligate Bank Lenders to make any future modifications to the Indebtedness. Nothing in this Loan and Security Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lenders and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lenders in writing. No maker, endorser, or guarantor will be released by virtue of this Loan and Security Modification Agreement. The terms of this paragraph apply not only to this Loan and Security Modification Agreement, but also to all any subsequent loan Loan and Security modification agreements.

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) Bxxxxxxx understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's Bxxxxxxx’s representations, warranties, and agreements, as set forth in the Existing Loan Documents, subject to the modifications set forth herein. Except as expressly modified pursuant to this Loan Modification AgreementModification, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification AgreementModification. The terms of this paragraph apply not only to this Loan Modification AgreementModification, but also to all any subsequent loan modification agreements.