Pacific Western Bank. Limited Waiver and Seventh Amendment to Loan Agreement
Pacific Western Bank. ABA: 000000000; Swift code: XXXXXX0X Account: To Be Provided Beneficiary Name: FinTech Clearing, LLC Beneficiary Address: 0000 00xx Xx., Xxxxx 0, Xxxxx Xxxxxx, XX 00000 Reference: FinTech Clearing 3 In order to induce the REIT to accept this Subscription Agreement for the Shares and as further consideration for such acceptance, I hereby make, adopt, confirm and agree to all of the following covenants, acknowledgments, representations and warranties with the full knowledge that the REIT and its affiliates will rely specifically thereon in making a decision to accept or reject this Subscription Agreement:
Pacific Western Bank. First Amendment to Loan Agreement
Pacific Western Bank. First Amendment to Loan Agreement This Amendment, the Loan Agreement, any prior written amendments to the Loan Agreement signed by Lender and Borrower, and all other written documents and agreements between Lender and Borrower, set forth in full all of the representations and agreements of the parties with respect to the subject matter hereof and supersede all prior discussions, representations, agreements and understandings between the parties with respect to the subject hereof. Except as herein expressly amended, all of the terms and provisions of the Loan Agreement, and all other documents and agreements between Lender and Borrower shall continue in full force and effect and the same are hereby ratified and confirmed. Without limiting the generality of the foregoing, the provisions of all subsections of Section 9 of the Loan Agreement (titled “General Provisions”), including without limitation all provisions relating to governing law, venue, jurisdiction, dispute resolution, and the waiver of the right to a jury trial, shall apply equally to this Amendment, and the same are incorporated herein by this reference. Xxxxxxx Xxxxxxx Xxxx First Amendment to Loan Agreement Borrower: XTERA COMMUNICATIONS, INC. By /s/ Xxxx Xxxx Title Secretary Borrower: AZEA NETWORKS, INC. By /s/ Xxxx Xxxx Title Secretary Borrower: NEOVUS, INC. By /s/ Xxxx Xxxx Title Secretary Borrower: XTERA ASIA HOLDINGS, LLC By /s/ Xxxx Xxxx Title Secretary Lender: SQUARE 1 BANK By /s/ Pacific Western Bank Title Vice President
Pacific Western Bank. Second Amendment to Loan Agreement “Minimum Adjusted Cash Flow: Parent shall maintain Adjusted Cash Flow of not less than the following amounts, on a consolidated basis, during the following periods: Period Minimum Adjusted Cash Flow 1 month ending October 31, 2014 ($3,000,000) 2 months ending November 30, 2014 ($5,000,000) 3 months ending December 31, 2014 ($5,000,000) 4 months ending January 31, 2015 ($5,000,000) 5 months ending February 28, 2015 ($6,000,000) 6 months ending March 31, 2015 ($7,000,000) 7 months ending April 30, 2015 ($8,500,000) 8 months ending May 31, 2015 ($8,500,000) 9 months ending June 30, 2015 ($8,500,000) 10 months ending July 31, 2015 ($9,000,000) 11 months ending August 31, 2015 ($9,000,000) 12 months ending September 30, 2015 ($9,000,000) 1 month ending December 31, 2015 ($7,000,000) 2 months ending January 31, 2016 ($8,000,000) 3 months ending February 29, 2016 ($7,500,000) * *”
Pacific Western Bank. First Amendment to Amended and Restated Loan and Security Agreement Borrower: Lender: nLIGHT, Inc. Pacific Western Bank By /s/ Xxxxx Xxxx By /s/ Xxxxxxx X. Xxxxxx Name: Xxxxx Xxxx Name: Xxxxxxx X. Xxxxxx Title: VP Finance & Secretary Title: SVP
Pacific Western Bank its successors and assigns, as agent 000 Xxxxxxxxx Xxxxxx, Suite 240 Durham, NC 27701 Attn: Loan Operations Department
Pacific Western Bank. 0000 Xxxxxxxxx Xxx, 0xx Xxxxx Xxxxx Xxxxx, Xxxxxxxx 00000 Attn: Xxxxx Xxxxx Fax: (000) 000-0000 Email: xxxxxx@xxxxxxxxxxxxx.xxx City National Bank 000 Xxxxx Xxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxx, XX 00000 Attn: Xxxxx Xxxxxx Fax: (000) 000-0000 Email: 000xxxxx@xxx.xxx [Harvest] Loan and Security Agreement (Conformed) Annex I - 135 Annex I
Pacific Western Bank. Limited Waiver and Seventh Amendment to Loan Agreement compensation insurance; (iii) ‘Budgeted Non-Payroll Expenses’ means and includes Necessary Non-Payroll Expenses which are set forth in the September 2016 Budget; and (iv) ‘Non-Budgeted Non-Payroll Expenses’ means and includes Necessary Non-Payroll Expenses which are not set forth in the September 2016 Budget.”
Pacific Western Bank. Limited Waiver and Eighth Amendment to Loan Agreement is hereby amended in its entirety to read:
