COUNTER SIGNATURE. This Agreement shall become effective only when it shall have been executed by Borrower and Bank (provided, however, in no event shall this Agreement become effective until signed by an officer of Bank in California).
COUNTER SIGNATURE. This Loan Modification Agreement shall become effective only when it shall have been executed by Borrower and Bank.
COUNTER SIGNATURE. This Loan and Security Modification Agreement shall become effective only when executed by each Lender and Borrower. BORROWER: COLLATERAL AGENT AND LENDER: ENPHASE ENERGY, INC. BRIDGE BANK, NATIONAL ASSOCIATION By: By: /s/ Xxxxxxx Xxxxxxxx Name: Name: Xxxxxxx Xxxxxxxx Title: Title: SVP LENDER: COMERICA BANK By: Name: Title: [Signature Page to Second Loan and Security Modification Agreement]
COUNTER SIGNATURE. This Business Financing Modification Agreement shall become effective only when executed by Lender, Borrower, and Guarantor.
COUNTER SIGNATURE. This First Amendment shall become effective only when it shall have been executed by Borrower and Bank. [The remainder of this page is intentionally left blank] This First Amendment is executed as a sealed instrument under the laws of the Commonwealth of Massachusetts as of the date first written above. BORROWER: BANK: ARBINET-THEXCHANGE, INC. SILICON VALLEY BANK By: /s/ Peter P. Sach By: /s/ Dave Reich -------------------------------- ------------------------------------ Name: Peter P. Sach Name: Dave Reich Title: CAO & Treasxxxx Title: SVP XXXOND AMENDMENT TO ACCOUNTS RECEIVABLE FINANCING AGREEMENT This Second Amendment to Accounts Receivable Financing Agreement (this "Second Amendment") is entered into as of May 28, 2004, by and between SILICON VALLEY BANK, a California-chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan prodxxxxxx xxxxxx xxxxxxx xx Xxx Xxxxxx Xxxxxxxxx Xxrk, Suite 200, 2221 Washington Street, Newton, Masxxxxxxetts 02462, doing business uxxxx xxx xxxx "Xxxxxxx Xxxxxx Xxxx" ("Xxxx") xxx XXBINET-THEXCHANGE, INC., a Delaware corporation with its principal place of business at 120 Albany Street, Suite 450, New Brunswick, New Jersey 08901 ("Borroxxx").
COUNTER SIGNATURE. This Second Amendment shall become effective only when it shall have been executed by Borrower and Bank. [The remainder of this page is intentionally left blank] This Second Amendment is executed as a sealed instrument under the laws of the Commonwealth of Massachusetts as of the date first written above. BORROWER: BANK: ARBINET-THEXCHANGE, INC. SILICON VALLEY BANK By: /s/ John J. Roberts By: /s/ David Reich ------------------------------------ --------------------------------- Name: John J. Roberts Name: David Reich Title: Chief Fxxxxxxxx xxxxxxr Title: SVP X/X & SVP Operation Peter P. Sach SCHEDULE 5 Changes to Perfection Certificate Of Arbinet-thexchange, Inc. The following sections of the Perfection Certificate of Arbinet-thexchange, Inc. dated February 3, 2003 are amended as follows. All unamended sections or subsections remain in effect.
COUNTER SIGNATURE. This Loan and Security Modification Agreement shall become effective only when executed by each Lender and Borrower. BORROWER: COLLATERAL AGENT AND LENDER: ENPHASE ENERGY, INC. BRIDGE BANK, NATIONAL ASSOCIATION By: By: Name: Name: Title: Title: LENDER: COMERICA BANK By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: SVP [Signature Page to Second Loan and Security Modification Agreement] SCHEDULE 1.1 COMMITMENT AMOUNTS AND PERCENTAGES Lender Loan Commitment Amount Commitment Percentage Bridge Bank, N.A. $ 16,500,000 50.00 % Comerica Bank $ 16,500,000 50.00 % TOTAL $ 33,000,000 100.00 % EXHIBIT D COMPLIANCE CERTIFICATE TO: BRIDGE BANK, NATIONAL ASSOCIATION and COMERICA BANK FROM: ENPHASE ENERGY, INC. The undersigned authorized officer of ENPHASE ENERGY, INC. hereby certifies that in accordance with the terms and conditions of the Amended and Restated Loan and Security Agreement between Borrower, Bridge Bank, N.A. and Comerica Bank (the “Agreement”), (i) Borrower is in complete compliance for the period ending with all required covenants except as noted below and (ii) all representations and warranties of Borrower stated in the Agreement are true and correct in all material respects as of the date hereof; provided, however that those representations and warranties expressly referring to another date shall be true, correct and complete in all material respects of such date. Attached herewith are the required documents supporting the above certification. The Officer further certifies that these are prepared in accordance with Generally Accepted Accounting Principles (GAAP) and are consistently applied from one period to the next except as explained in an accompanying letter or footnotes. Please indicate compliance status by circling Yes/No under “Complies” column.
COUNTER SIGNATURE. THE PERSON WHO COUNTERSIGNS THE FORM “CANNOT” BE YOUR FRIEND OR RELATIVE I.E. FATHER, MOTHER, BROTHER, SISTER, UNCLE, AUNT, FRIEND, ETC. ARE NOT ELIGIBLE TO SIGN IN THIS SECTION. YOU CAN TAKE SIGNATURES FROM A CHIEF ENGINEER, SUPERINTENDENT, FLEET OFFICER, DOCTOR, LAWYER, BANK MANAGER, TEACHER, ETC. THE CONCERNED PERSON WILL COMPLETE SECTION 6 AND PUT HIS SIGNATURE AND DATE OF SIGNATURE ON THE LIA FORM. THE CONCERNED PERSON WILL ALSO SIGN BEHIND ONE OF THE PHOTOGRAPHS AS EXPLAINED BELOW.
