Common use of DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS Clause in Contracts

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of June 9, 2011, evidenced by, among other documents, a certain Loan and Security Agreement dated as of June 9, 2011, between Borrower and Bank, as amended by that certain First Loan Modification Agreement dated as of March 13, 2012, between Borrower and Bank, as amended by that certain Second Loan Modification Agreement dated as of June 8, 2012, between Borrower and Bank, and as further amended by that certain Third Loan Modification Agreement dated as of July 10, 2012, between Borrower and Bank (as amended, the “Loan Agreement”). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 3 contracts

Samples: Loan Modification Agreement (Acacia Communications, Inc.), Loan Modification Agreement (Acacia Communications, Inc.), Loan Modification Agreement (Acacia Communications, Inc.)

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DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of June 9January 29, 20112007, evidenced by, among other documents, a certain Loan and Security Agreement dated as of June 9January 29, 20112007, between Borrower and Bank, as amended by that a certain First Loan Modification Agreement dated as of March 13November 30, 20122007, between Borrower and Bank, as further amended by that a certain Second Loan Modification Agreement dated as of June 8July 30, 20122008, between Borrower and Bank, and as further amended by that a certain Third Loan Modification Agreement dated as of July 10November 30, 20122008, between Borrower and Bank (as amended, the “Loan Agreement”). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 3 contracts

Samples: Loan Modification Agreement (Meru Networks Inc), Loan Modification Agreement (Meru Networks Inc), Loan Modification Agreement (Meru Networks Inc)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of June 9, 2011, evidenced by, among other documents, a certain Loan and Security Agreement dated as of June 9, 2011, between Borrower and Bank, as amended by that certain First Loan Modification Agreement dated as of March 13, 2012, between Borrower and Bank, as amended by that certain Second Loan Modification Agreement dated as of June 8, 2012, between Borrower and Bank, and as further amended by that certain Third Loan Modification Agreement dated as of July 10, 2012, between Borrower and Bank, and as further amended by that certain Fourth Loan Modification Agreement dated as of September 20, 2012, between Borrower and Bank (as amended, the “Loan Agreement”). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 3 contracts

Samples: Loan Modification Agreement (Acacia Communications, Inc.), Loan Modification Agreement (Acacia Communications, Inc.), Loan Modification Agreement (Acacia Communications, Inc.)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of June 9January 29, 20112007, evidenced by, among other documents, a certain Loan and Security Agreement dated as of June 9January 29, 20112007, between Borrower and Bank, as amended by that a certain First Loan Modification Agreement dated as of March 13November 30, 20122007, between Borrower and Bank, as further amended by that a certain Second Loan Modification Agreement dated as of June 8July 30, 20122008, between Borrower and Bank, as further amended by a certain Third Loan Modification Agreement dated as of November 30, 2008, between Borrower and Bank, and as further amended by that a certain Third Fourth Loan Modification Agreement dated as of July 10February 26, 20122009, between Borrower and Bank (as amended, the “Loan Agreement”). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 3 contracts

Samples: Loan Modification Agreement (Meru Networks Inc), Loan Modification Agreement (Meru Networks Inc), Loan Modification Agreement (Meru Networks Inc)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of June 9March 28, 20112012, evidenced by, among other documents, a certain Loan and Security Agreement dated as of June 9March 28, 20112012, between Borrower and Bank, as amended by that certain First Loan Modification Agreement dated as of March 13July 10, 2012, between Borrower and Bank, as amended by that certain Second Loan Modification Agreement dated as of June 8December 6, 2012, between Borrower and Bank, as amended by that certain Consent and Third Loan Modification Agreement dated as of December 12, 2013, between Borrower and Bank, and as further amended by that certain Third Fourth Loan Modification Agreement dated as of July 10March 26, 20122014, between Borrower and Bank (as amended, the “Loan Agreement”). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 2 contracts

Samples: Fifth Loan Modification Agreement (Aegerion Pharmaceuticals, Inc.), Loan Modification Agreement (Aegerion Pharmaceuticals, Inc.)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of June 9January 29, 20112007, evidenced by, among other documents, a certain Loan and Security Agreement dated as of June 9January 29, 20112007, between Borrower and Bank, as amended by that a certain First Loan Modification Agreement dated as of March 13November 30, 20122007, between Borrower and Bank, as further amended by that a certain Second Loan Modification Agreement dated as of June 8July 30, 20122008, between Borrower and Bank, as further amended by a certain Third Loan Modification Agreement dated as of November 30, 2008, between Borrower and Bank, as further amended by a certain Fourth Loan Modification Agreement dated as of February 26, 2009, between Borrower and Bank, and as further amended by that a certain Third Fifth Loan Modification Agreement dated as of July 10April 27, 20122009, between Borrower and Bank (as amended, the “Loan Agreement”). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 2 contracts

Samples: Loan Modification Agreement (Meru Networks Inc), Loan Modification Agreement (Meru Networks Inc)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of June 919, 20112008, evidenced by, among other documents, a certain Loan and Security Agreement dated as of June 919, 20112008, between Borrower and Bank, as amended by that a certain First Loan Modification Agreement dated as of March 13April 16, 20122009, between Borrower and Bank, as further amended by that a certain Second Loan Modification Agreement dated as of June 818, 20122009, between Borrower and Bank, as further amended by a certain Third Loan Modification Agreement dated as of March 24, 2010, between Borrower and Bank, and as further amended by that a certain Third Fourth Loan Modification Agreement dated as of July 10March 24, 20122011, between Borrower and Bank (as amended, the “Loan Agreement”). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 1 contract

Samples: Fifth Loan Modification Agreement (Chyron Corp)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of June 9April 30, 20112004, evidenced by, among other documents, a certain Loan and Security Agreement dated as of June 9April 30, 20112004, between Borrower and Bank, as amended by that certain a First Loan Modification Agreement dated as of March 13November 3, 20122004, between Borrower and Bank, as amended by that certain a Second Loan Modification Agreement dated as of June November 8, 20122005, between Borrower and Bank, as amended by a Third Loan Modification Agreement dated as of March 12, 2007, between Borrower and Bank, and as further amended by that certain Third a Fourth Loan Modification Agreement dated as of July 10December 26, 20122007, between Borrower and Bank (as amended, the “Loan Agreement”). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 1 contract

Samples: Loan Modification Agreement (Stereotaxis, Inc.)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of June 9August 11, 20112003, evidenced by, among other documents, a certain Loan and Security Agreement dated as of June 9August 11, 20112003, between Borrower and Bank, as amended by that a certain First Loan Modification Agreement dated as of March 13June 30, 20122004, between Borrower and Bank, as amended by that a certain Second Loan Modification Agreement dated as of June 8November 30, 20122004, between Borrower and Bank, and as further amended by that a certain Third Loan Modification Agreement dated as of July 10November 16, 20122006, between Borrower and Bank (as amended, the “Loan Agreement”). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 1 contract

Samples: Fourth Loan Modification Agreement (American Science & Engineering Inc)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of June 9August 20, 20112002, evidenced by, among other documents, a certain Loan and Security Agreement dated as of June 9August 20, 20112002, between Borrower and Bank, as amended by that a certain First Loan Modification Agreement dated as of March 13August 5, 20122003, between Borrower and Bank, as amended by that a certain Second Loan Modification Agreement dated as of June 8November 4, 20122003, between Borrower and Bank, as amended by a certain Third Loan Modification Agreement dated September 29, 2004, between Borrower and Bank, and as further amended by that a certain Third Fourth Loan Modification Agreement dated as of July 10December 17, 20122004, between Borrower and Bank (as amended, the "Loan Agreement”). ") Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 1 contract

Samples: Loan Modification Agreement (Athenahealth Inc)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of June 9December 29, 20112003, evidenced by, among other documents, a certain Loan and Security Agreement dated as of June 9December 29, 20112003, between Borrower and Bank, as amended by that a certain First Loan Modification Agreement dated as of March 13May 28, 20122004, by and between Borrower and Bank, as amended by that a certain Second Loan Modification Agreement dated as of June December 8, 20122004, by and between Borrower and Bank, and as further amended by that a certain Third Loan Modification Agreement dated as of July 10November 9, 20122005, by and between Borrower and Bank (as amended, the "Loan Agreement"). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 1 contract

Samples: Fourth Loan Modification Agreement (Voxware Inc)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of June 9August 10, 20112006, evidenced by, among other documents, a certain Loan and Security Agreement dated as of August 10, 2006, as affected by a certain Waiver Agreement dated as of June 98, 20112008, between Borrower and BankBank (the “Waiver Agreement”), as amended by that a certain First Loan Modification Agreement dated as of March 13August 8, 20122008, between Borrower and Bank, as further amended by that a certain Second Loan Modification Agreement dated as of June 8September 17, 20122008, between Borrower and Bank, and as further amended by that a certain Third Loan Modification Agreement dated as of July 10October 8, 2012, between Borrower and Bank 2008 (as amendedamended from time to time, the “Loan Agreement”). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 1 contract

Samples: Fourth Loan Modification Agreement (Salary. Com, Inc.)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of June 9November 18, 20112010, evidenced by, among other documents, a certain Loan and Security Agreement dated as of June 9November 18, 2010, between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of March 30, 2011, between Borrower and Bank, as further amended by that certain First Loan Modification Agreement dated as of March 13, 2012, between Borrower and Bank, as amended by that a certain Second Loan Modification Agreement dated as of June 8September 19, 20122011, between Borrower and Bank, and as further amended by that a certain Third Loan Modification Agreement dated as of July 10October 31, 20122011, between Borrower and Bank (as amended, the “Loan Agreement”). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 1 contract

Samples: Fourth Loan Modification Agreement (ExactTarget, Inc.)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of June 9September 13, 20112005, evidenced by, among other documents, a certain Amended and Restated Loan and Security Agreement dated as of June 9September 13, 20112005, between Borrower and Bank, as amended by that a certain First Loan Modification Agreement dated as of March 1314, 20122006, between Borrower and Bank, as further amended by that a certain Second Loan Modification Agreement dated as of June 8October 31, 20122006, between Borrower and Bank, and as further amended by that a certain Third Loan Modification Agreement dated as of July 10November 11, 20122006, between Borrower and Bank (as amended, the “Loan Agreement”). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 1 contract

Samples: Fourth Loan Modification Agreement (Axs One Inc)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a certain loan arrangement dated as of June 928, 20112002, evidenced by, among other documents, a certain Loan and Security Agreement dated as of June 928, 20112002, between Borrower and Bank, as amended by that a certain First Loan Modification Agreement dated as of March 13December 11, 20122002, between Borrower and Bank, as amended by that a certain Second Loan Modification Agreement dated as of June 8April 10, 20122003, between Borrower and Bank, and as further amended by that a certain Third Loan Modification Agreement dated as of July 10June 30, 20122004, between Borrower and Bank (as amendedmay be further amended from time to time, the "Loan Agreement"). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 1 contract

Samples: Fourth Loan Modification Agreement (Critical Therapeutics Inc)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of June 9August 19, 20112009, evidenced by, among other documents, a certain Amended and Restated Loan and Security Agreement dated as of June 9August 19, 2011, 2009 between Borrower and Bank, as amended by that certain a First Loan Modification Agreement dated as of March 13October 19, 2012, 2009 between Borrower and Bank, as amended by that certain a Consent and Second Loan Modification Agreement dated as of June 8January 6, 2012, 2010 between Borrower and Bank, and as further amended by that certain a Consent and Third Loan Modification Agreement dated as of July 10March 1, 2012, 2010 between Borrower and Bank (as amended, the “Loan Agreement”). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 1 contract

Samples: Joinder and Fourth Loan Modification Agreement (Trustwave Holdings, Inc.)

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DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of June 9April 30, 20112004, evidenced by, among other documents, a certain Loan and Security Agreement dated as of June 9April 30, 20112004, between Borrower and Bank, as amended by that certain a First Loan Modification Agreement dated as of March 13November 3, 20122004, between Borrower and Bank, as amended by that certain a Second Loan Modification Agreement dated as of June November 8, 20122005, between Borrower and Bank, and as further amended by that certain a Third Loan Modification Agreement dated as of July 10March 12, 20122007, between Borrower and Bank (as amended, the “Loan Agreement”). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 1 contract

Samples: Fourth Loan Modification Agreement (Stereotaxis, Inc.)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of June 9August 5, 20112008, evidenced by, among other documents, a certain Loan and Security Agreement dated as of June 9August 5, 20112008, between among Borrower and Bank, as amended by that a certain First Loan Modification Agreement dated as of March 13May 29, 20122009, between among Borrower and Bank, as further amended by that a certain Second Loan Modification Agreement dated as of June 8April 23, 20122010, between among Borrower and Bank, as further amended by a certain Third Loan Modification Agreement dated as of July 30, 2010, among Borrower and Bank, and as further amended by that a certain Third Loan Modification Joinder Agreement dated as of July 10December 27, 20122010, between among Borrower and Bank (as amendedcollectively, the “Loan Agreement”). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 1 contract

Samples: Loan Modification Agreement (Enernoc Inc)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of June 919, 20112008, evidenced by, among other documents, a certain Loan and Security Agreement dated as of June 919, 20112008, between Borrower and Bank, as amended by that a certain First Loan Modification Agreement dated as of March 13April 16, 20122009, between Borrower and Bank, as further amended by that a certain Second Loan Modification Agreement dated as of June 818, 20122009, between Borrower and Bank, and as further amended by that a certain Third Loan Modification Agreement dated as of July 10March 24, 20122010, between Borrower and Bank (the “Third Loan Modification Agreement”) (as amended, the “Loan Agreement”). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 1 contract

Samples: Fourth Loan Modification Agreement (Chyron Corp)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a certain loan arrangement dated as of June 928, 20112002, evidenced by, among other documents, a certain Loan and Security Agreement dated as of June 928, 20112002, between Borrower and Bank, as amended by that a certain First Loan Modification Agreement dated as of March 13December 11, 20122002, between Borrower and Bank, as amended by that a certain Second Loan Modification Agreement dated as of June 8April 10, 20122003, between Borrower and Bank, and as further amended by that a certain Third Loan Modification Agreement dated as of July 10June 30, 20122004, between Borrower and Bank (as amendedmay be further amended from time to time, the “Loan Agreement”). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 1 contract

Samples: Fourth Loan Modification Agreement (Critical Therapeutics Inc)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of June 9August 10, 20112006, evidenced by, among other documents, a certain Loan and Security Agreement dated as of August 10, 2006, as affected by a certain Waiver Agreement dated as of June 98, 20112008, between Borrower and BankBank (the “Waiver Agreement”), as amended by that a certain First Loan Modification Agreement dated as of March 13, 2012, between Borrower and Bank, as amended by that certain Second Loan Modification Agreement dated as of June August 8, 20122008, between Borrower and Bank, and as further amended by that a certain Third Second Loan Modification Agreement dated as of July 10September 17, 20122008, between Borrower and Bank (as amendedamended from time to time, the “Loan Agreement”). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 1 contract

Samples: Third Loan Modification Agreement (Salary. Com, Inc.)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of June 9August 11, 20112003, evidenced by, among other documents, a certain Loan and Security Agreement dated as of June 9August 11, 20112003, between Borrower and Bank, as amended by that a certain First Loan Modification Agreement dated as of March 13June 30, 20122004, between Borrower and Bank, as amended by that a certain Second Loan Modification Agreement dated as of June 8November 30, 20122004, between Borrower and Bank, as amended by a certain Third Loan Modification Agreement dated as of November 16, 2006, between Borrower and Bank, and as further amended by that a certain Third Fourth Loan Modification Agreement dated as of July 10November 14, 20122008, between Borrower and Bank (as amended, the “Loan Agreement”). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 1 contract

Samples: Fifth Loan Modification Agreement (American Science & Engineering Inc)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of June 9August 20, 20112002, evidenced by, among other documents, a certain Loan and Security Agreement dated as of June 9August 20, 20112002, between Borrower and Bank, as amended by that a certain First Loan Modification Agreement dated as of March 13August 5, 20122003, between Borrower and Bank, as amended by that a certain Second Loan Modification Agreement dated as of June 8November 4, 20122003, between Borrower and Bank, and as further amended by that a certain Third Loan Modification Agreement dated as of July 10September 29, 2012, 2004 between Borrower and Bank (as amended, the "Loan Agreement”). ") Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 1 contract

Samples: Loan Modification Agreement (Athenahealth Inc)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of June 9April 30, 20112004, evidenced by, among other documents, a certain Loan and Security Agreement dated as of June 9April 30, 20112004, between Borrower and Bank, as amended by that certain a First Loan Modification Agreement dated as of March 13November 3, 20122004, between Borrower and Bank, as amended by that certain a Second Loan Modification Agreement dated as of June November 8, 20122005, between Borrower and Bank, as amended by a Third Loan Modification Agreement dated as of March 12, 2007, between Borrower and Bank, as amended by a Fourth Loan Modification Agreement dated as of December 26, 2007, between Borrower and Bank, and as further amended by that certain Third a Fifth Loan Modification Agreement dated as of July 10February 29, 20122008, between Borrower and Bank (as amended, the “Loan Agreement”). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 1 contract

Samples: Sixth Loan Modification Agreement (Stereotaxis, Inc.)

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of June 9October 27, 20112008, evidenced by, among other documents, a certain Second Amended and Restated Loan and Security Agreement dated as of June 9October 27, 2011, 2008 between Borrower and Bank, as amended by that a certain First Loan Modification and Forbearance Agreement dated as of March 13January 31, 2012, 2009 between Borrower and Bank, as amended further modified by that a certain Second Loan Modification Agreement and Forbearance Agreement, dated as of June 812, 2012, between Borrower and Bank2009, and as further amended by that a certain Third Loan Modification and Forbearance Agreement (the “Third Loan Modification Agreement”), dated as of July 1022, 2012, between Borrower and Bank 2009 (as amendedmay be further amended from time to time, the “Loan Agreement”). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

Appears in 1 contract

Samples: Forbearance Agreement (Energy Focus, Inc/De)

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