Act Teleconferencing Inc Sample Contracts

Act Teleconferencing Inc – Contract (May 15th, 2007)

Portions of this exhibit have been redacted pursuant to a request for confidential treatment under Rule 24b-2 of the General Rules and Regulations under the Securities Exchange Act. Omitted information, marked “[***]” in this exhibit, has been filed with the Securities and Exchange Commission together with such request for confidential treatment.

Act Teleconferencing Inc – ACT TELECONFERENCING, INC. 2004 EQUITY INCENTIVE PLAN, AS AMENDED Incentive Stock Option Agreement (March 30th, 2007)

This Incentive Stock Option Agreement (this “Agreement”) between ACT Teleconferencing, Inc., a Colorado corporation (the “Company”), and the optionee identified above (the “Optionee”) is effective as of the date of grant specified above.

Act Teleconferencing Inc – ACT TELECONFERENCING ANNOUNCES AT&T CONTRACT EXTENSION (January 31st, 2007)

DENVER – ACT Teleconferencing, Inc. (OTC: ACTT), an independent worldwide provider of audio, video and web-based conferencing products and services, announced today that its contract with AT&T Services, Inc. has been extended.

Act Teleconferencing Inc – FORM OF INDEMNIFICATION AGREEMENT (October 12th, 2006)

This INDEMNIFICATION AGREEMENT, made and entered into this                      day of                             ,              (“Agreement”), by and between ACT Teleconferencing, Inc., a Colorado corporation (the “Company”) and                          (“Indemnitee”).

Act Teleconferencing Inc – SECOND AMENDMENT TO RIGHTS AGREEMENT (September 14th, 2006)

THIS SECOND AMENDMENT TO RIGHTS AGREEMENT (this “Amendment”) is made and entered into as of September 11, 2006, between ACT TELECONFERENCING, INC., a Colorado corporation (the “Company”), and COMPUTERSHARE TRUST COMPANY, INC., as Rights Agent (the “Rights Agent”).

Act Teleconferencing Inc – SECURITY AGREEMENT (August 14th, 2006)

This Security Agreement dated as of June 30, 2006 is among ACT Teleconferencing, Inc., a Colorado corporation (“Borrower”), subsidiaries of the Borrower set forth on the signature pages hereto (together with the Borrower, collectively, the “Debtors” and each a “Debtor”) and Dolphin Direct Equity Partners, LP, a Delaware limited partnership (the “Secured Party”). Capitalized terms used but not defined herein have the meanings assigned to them in the Loan Agreement dated as of date hereof (as it may be amended or otherwise modified, the “Loan Agreement”) between the Borrower and the Secured Party, and if not so assigned, in the Uniform Commercial Code as in effect from time to time in the State of New York (the “State”).

Act Teleconferencing Inc – SUBORDINATION AGREEMENT (August 14th, 2006)

THIS SUBORDINATION AGREEMENT is made this 30th day of June, 2006, among ACT TELECONFERENCING, INC., a corporation organized under the laws of the State of Colorado (the “Company”), DOLPHIN DIRECT EQUITY PARTNERS, LP (the “Subordinated Creditor”), and SILICON VALLEY BANK, a national banking association (the “Lender”).

Act Teleconferencing Inc – WAIVER AND AMENDMENT TO LOAN AND SECURITY AGREEMENT (August 14th, 2006)

This WAIVER AND AMENDMENT to Loan and Security Agreement (this “Amendment”) is entered into as of the 12th day of June, 2006, by and among Silicon Valley Bank (“Bank” or “Silicon”) and each of the following named corporations: ACT Teleconferencing, Inc., ACT Teleconferencing Services, Inc., ACT Videoconferencing, Inc., ACT Proximity, Inc., and ACT Research, Inc. (collectively and jointly and severally, the “Borrowers” and separately, a “Borrower”), with ACT Teleconferencing, Inc., whose chief executive office is located at 1526 Cole Boulevard, Suite 300, Golden, CO 80401, acting as the Borrowers’ agent.

Act Teleconferencing Inc – LOAN AGREEMENT dated as of June 30, 2006 between DOLPHIN DIRECT EQUITY PARTNERS, LP, as Lender, and ACT TELECONFERENCING, INC., as Borrower (August 14th, 2006)

LOAN AGREEMENT dated as of June 30, 2006 between ACT Teleconferencing, Inc., a Colorado corporation (the “Borrower”) and Dolphin Direct Equity Partners, LP, a Delaware limited partnership (the “Lender”).

Act Teleconferencing Inc – PLEDGE AGREEMENT (August 14th, 2006)

This Pledge Agreement dated as of June 30, 2006 is between ACT Teleconferencing, Inc., a Colorado corporation (“Pledgor”), and Dolphin Direct Equity Partners, LP, a Delaware limited partnership (“Secured Party”). Capitalized terms used but not defined herein have the meanings assigned to them in the Loan Agreement dated as of date hereof (as it may be amended or otherwise modified, the “Loan Agreement”) between Pledgor and Secured Party, and if not so assigned, in the Uniform Commercial Code as in effect from time to time in the State of New York.

Act Teleconferencing Inc – FORM OF TERM PROMISSORY NOTE (August 14th, 2006)

FOR VALUE RECEIVED, the undersigned, ACT TELECONFERENCING, INC., a Colorado corporation (the “Borrower”), HEREBY PROMISES TO PAY to the order of DOLPHIN DIRECT EQUITY PARTNERS, LP, a Delaware limited partnership (the “Lender”) and its registered assigns the principal sum of U.S.$                . Capitalized terms used herein and not otherwise defined herein shall have the respective meanings assigned to such terms in the Loan Agreement, as defined below.

Act Teleconferencing Inc – THIRD FORBEARANCE TO LOAN AND SECURITY AGREEMENT (April 17th, 2006)

This Third Forbearance to Loan and Security Agreement (this “Agreement”) is entered into this 31st day of August, 2005, by and among Silicon Valley Bank (“Bank” or “Silicon”) and each of the following named corporations: ACT Teleconferencing Inc., ACT Teleconferencing Services, Inc., ACT Videoconferencing, Inc., ACT Proximity, Inc., and ACT Research, Inc. (collectively and jointly and severally, the “Borrowers” and separately, a “Borrower”), with ACT Teleconferencing, Inc., whose chief executive office is located at 1526 Cole Boulevard, Suite 300, Golden, CO 80401, acting as the Borrowers’ agent.

Act Teleconferencing Inc – SEVENTH AMENDMENT AGREEMENT (April 17th, 2006)

This Seventh Amendment (“Amendment”) is effective as of May 14, 2004 and relates to the Note Agreement dated as of May 12, 2003, as amended (the “Note Agreement”) among NewWest Mezzanine Fund, LP (“NewWest”), KCEP Ventures II, L.P. (“KCEP”), Convergent Capital Partners I, L.P. (“Convergent”), James F. Seifert Management Trust dated October 8, 1992 (the “Trust”), ACT Teleconferencing, Inc. (“Holdings”), ACT Teleconferencing Services, Inc. (the “Services”) and certain Co-Borrowers listed on the signature page of this Amendment (the “Co-Borrowers). Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Note Agreement.

Act Teleconferencing Inc – FORBEARANCE AND AMENDMENT TO LOAN AND SECURITY AGREEMENT (April 17th, 2006)

This FORBEARANCE AND AMENDMENT to Loan and Security Agreement (this “Amendment”) is entered into this 31st day of May, 2005, by and among Silicon Valley Bank (“Bank” or “Silicon”) and each of the following named corporations: ACT Teleconferencing, Inc., ACT Teleconferencing Services, Inc., ACT Videoconferencing, Inc., ACT Proximity, Inc., and ACT Research, Inc. (collectively and jointly and severally, the “Borrowers” and separately, a “Borrower”), with ACT Teleconferencing, Inc., whose chief executive office is located at 1526 Cole Boulevard, Suite 300, Golden, CO 80401, acting as the Borrowers’ agent.

Act Teleconferencing Inc – AMENDMENT TO INVESTOR RIGHTS AGREEMENT (Dated as of April 13, 2006) (April 17th, 2006)

Reference is made to the INVESTOR RIGHTS AGREEMENT, dated as of August 18, 2005 (the “Investor Rights Agreement”), between DOLPHIN DIRECT EQUITY PARTNERS, LP, a Delaware limited partnership, and ACT TELECONFERENCING, INC., a Colorado corporation.

Act Teleconferencing Inc – SECOND FORBEARANCE, CONSENT AND AMENDMENT TO LOAN AND SECURITY AGREEMENT (April 17th, 2006)

This SECOND FORBEARANCE, CONSENT AND AMENDMENT to Loan and Security Agreement (this “Amendment”) is entered into this 22nd day of July, 2005, by and among Silicon Valley Bank (“Bank” or “Silicon”) and each of the following named corporations: ACT Teleconferencing, Inc., ACT Teleconferencing Services, Inc., ACT Videoconferencing, Inc., ACT Proximity, Inc., and ACT Research, Inc. (collectively and jointly and severally, the “Borrowers” and separately, a “Borrower”), with ACT Teleconferencing, Inc., whose chief executive office is ‘ located at 1526 Cole Boulevard, Suite 300, Golden, CO 80401, acting as the Borrowers’ agent.

Act Teleconferencing Inc – EIGHTH WAIVER, AMENDMENT AND FORBEARANCE AGREEMENT (April 17th, 2006)

This Eighth Waiver, Amendment and Forbearance Agreement (“Waiver”) is effective as of August 16, 2004 and relates to the Warrant Agreement dated as of May 12, 2003 (the Warrant Agreement”) among NewWest Mezzanine Fund, LP (“NewWest”), KCEP Ventures II, L.P. (“KCEP”), Convergent Capital Partners I, L.P. (“Convergent”), James F. Seifert Management Trust dated October 8, 1992 (the “Trust”) (collectively, the “Purchaser”) and ACT Teleconferencing, Inc. (“Holdings”), as amended and the Note Agreement dated as of May 12, 2003 among NewWest, KCEP, Convergent, the Trust, Holdings and certain subsidiaries of Holdings (the “Note Agreement”). Other capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Note Agreement.

Act Teleconferencing Inc – CONSENT UNDER LOAN AND SECURITY AGREEMENT (April 17th, 2006)

This CONSENT under Loan and Security Agreement (this “Consent”) is entered into as of the 31st day of October, 2005, by and among Silicon Valley Bank (“Bank” or “Silicon”) and each of the following named corporations: ACT Teleconferencing, Inc., ACT Teleconferencing Services, Inc., ACT Videoconferencing, Inc., ACT Proximity, Inc., and ACT Research, Inc. (collectively and jointly and severally, the “Borrowers” and separately, a “Borrower”), with ACT Teleconferencing, Inc., whose chief executive office is located at 1526 Cole Boulevard, Suite 300, Golden, CO 80401, acting as the Borrowers’ agent.

Act Teleconferencing Inc – FIFTH FORBEARANCE AND AMENDMENT TO LOAN AND SECURITY AGREEMENT (January 20th, 2006)

This FIFTH FORBEARANCE AND AMENDMENT to Loan and Security Agreement (this “Amendment”) is entered into as of the      day of December, 2005, by and among Silicon Valley Bank (“Bank” or “Silicon”) and each of the following named corporations: ACT Teleconferencing, Inc., ACT Teleconferencing Services, Inc., ACT Videoconferencing, Inc., ACT Proximity, Inc., and ACT Research, Inc. (collectively and jointly and severally, the “Borrowers” and separately, a “Borrower”), with ACT Teleconferencing, Inc., whose chief executive office is located at 1526 Cole Boulevard, Suite 300, Golden, CO 80401, acting as the Borrowers’ agent.

Act Teleconferencing Inc – SUBORDINATION AGREEMENT (November 3rd, 2005)

THIS SUBORDINATION AGREEMENT is made this 31st day of October, 2005, among ACT TELECONFERENCING, INC., a corporation organized under the laws of the State of Colorado (the “Company”), DOLPHIN DIRECT EQUITY PARTNERS, LP (the “Subordinated Creditor”), and SILICON VALLEY BANK, a national banking association (the “Lender”).

Act Teleconferencing Inc – CONSENT UNDER LOAN AND SECURITY AGREEMENT (November 3rd, 2005)

This CONSENT under Loan and Security Agreement (this “Consent”) is entered into as of the 31st day of October, 2005, by and among Silicon Valley Bank (“Bank” or “Silicon”) and each of the following named corporations: ACT Teleconferencing, Inc., ACT Teleconferencing Services, Inc., ACT Videoconferencing, Inc., ACT Proximity, Inc., and ACT Research, Inc. (collectively and jointly and severally, the “Borrowers” and separately, a “Borrower”), with ACT Teleconferencing, Inc., whose chief executive office is located at 1526 Cole Boulevard, Suite 300, Golden, CO 80401, acting as the Borrowers’ agent.

Act Teleconferencing Inc – SECURITY AGREEMENT (November 3rd, 2005)

This Security Agreement dated as of October 31, 2005 is among ACT Teleconferencing, Inc., a Colorado corporation (“Borrower”), subsidiaries of the Borrower set forth on the signature pages hereto (together with the Borrower, collectively, the “Debtors” and each a “Debtor”) and Dolphin Direct Equity Partners, LP, a Delaware limited partnership (the “Secured Party”). Capitalized terms used but not defined herein have the meanings assigned to them in the Loan Agreement dated as of date hereof (as it may be amended or otherwise modified, the “Loan Agreement”) between the Debtors and the Secured Party, and if not so assigned, in the Uniform Commercial Code as in effect from time to time in the State of New York (the “State”).

Act Teleconferencing Inc – PLEDGE AGREEMENT (November 3rd, 2005)

This Pledge Agreement dated as of October 31, 2005 is between ACT Teleconferencing, Inc., a Colorado corporation (“Pledgor”), and Dolphin Direct Equity Partners, LP, a Delaware limited partnership (“Secured Party”). Capitalized terms used but not defined herein have the meanings assigned to them in the Loan Agreement dated as of date hereof (as it may be amended or otherwise modified, the “Loan Agreement”) between Pledgor and Secured Party, and if not so assigned, in the Uniform Commercial Code as in effect from time to time in the State of New York.

Act Teleconferencing Inc – TERM PROMISSORY NOTE (November 3rd, 2005)

FOR VALUE RECEIVED, the undersigned, ACT TELECONFERENCING, INC., a Colorado corporation (the “Borrower”), HEREBY PROMISES TO PAY to the order of DOLPHIN DIRECT EQUITY PARTNERS, LP, a Delaware limited partnership (the “Lender”) and its registered assigns the principal sum of U.S.$                    . Capitalized terms used herein and not otherwise defined herein shall have the respective meanings assigned to such terms in the Loan Agreement, as defined below.

Act Teleconferencing Inc – LOAN AGREEMENT dated as of October 31, 2005 between DOLPHIN DIRECT EQUITY PARTNERS, LP, as Lender, and ACT TELECONFERENCING, INC., as Borrower (November 3rd, 2005)

LOAN AGREEMENT dated as of October 31, 2005 between ACT Teleconferencing, Inc., a Colorado corporation (the “Borrower”) and Dolphin Direct Equity Partners, LP, a Delaware limited partnership (the “Lender”).

Act Teleconferencing Inc – FOURTH FORBEARANCE AND AMENDMENT TO LOAN AND SECURITY AGREEMENT (November 3rd, 2005)

This FOURTH FORBEARANCE AND AMENDMENT to Loan and Security Agreement (this “Amendment”) is entered into as of the 31st day of October, 2005, by and among Silicon Valley Bank (“Bank” or “Silicon”) and each of the following named corporations: ACT Teleconferencing, Inc., ACT Teleconferencing Services, Inc., ACT Videoconferencing, Inc., ACT Proximity, Inc., and ACT Research, Inc. (collectively and jointly and severally, the “Borrowers” and separately, a “Borrower”), with ACT Teleconferencing, Inc., whose chief executive office is located at 1526 Cole Boulevard, Suite 300, Golden, CO 80401, acting as the Borrowers’ Agent.

Act Teleconferencing Inc – Management Services Agreement (August 24th, 2005)

This letter agreement sets forth the terms and conditions on which Dolphin Advisors, LLC, a Delaware limited liability company (the “Manager”), will provide ACT Teleconferencing, Inc., a Colorado corporation (the “Company”), with certain financial and management consulting services.

Act Teleconferencing Inc – Document processing fee If document is filed on paper $150.00 If document is filed electronically Currently Not Available 20051312807 C Fees & forms/cover sheets $300.00 are subject to change. SECRETARY OF STATE To file electronically, access instructions 08-16-2005 15:21:06 for this form/cover sheet and other information or print copies of filed documents, visit www.sos.state.co.us and select Business Center. Paper documents must be typewritten or machine printed. ABOVE SPACE FOR OFFICE USE ONLY (August 24th, 2005)

The person appointed as registered agent has delivered notice of the correction to the entity at the principal office address of its principal office.

Act Teleconferencing Inc – INVESTOR RIGHTS AGREEMENT (August 24th, 2005)

THIS INVESTOR RIGHTS AGREEMENT, (this “Agreement”), is entered into as of             , 2005, by and among ACT Teleconferencing, Inc., a Colorado corporation (the “Company”), and Dolphin Direct Equity Partners, LP, a Delaware limited partnership, and the Buyers listed on the Schedule of Buyers attached to the Securities Purchase Agreement (as defined below) (each, a “Buyer” and, collectively, the “Buyers”).

Act Teleconferencing Inc – EMPLOYMENT AGREEMENT (August 24th, 2005)

THIS EMPLOYMENT AGREEMENT (this “Agreement”) is entered into as of the 19th day of August, 2005, by and between ACT Teleconferencing, Inc., a Colorado corporation (the “Company”), and                     , a Colorado resident (the “Executive”).

Act Teleconferencing Inc – EMPLOYMENT AGREEMENT (August 24th, 2005)

THIS EMPLOYMENT AGREEMENT (this “Agreement”) is entered into as of the 19th day of August, 2005, by and between ACT Teleconferencing, Inc., a Colorado corporation (the “Company”), and                     , a Colorado resident (the “Executive”).

Act Teleconferencing Inc – TERM PROMISSORY NOTE (July 21st, 2005)

FOR VALUE RECEIVED, the undersigned, ACT TELECONFERENCING, INC., a Colorado corporation (the “Borrower”), HEREBY PROMISES TO PAY to the order of DOLPHIN DIRECT EQUITY PARTNERS, LP, a Delaware limited partnership (the “Lender”) and its registered assigns the principal sum of U.S.$1,500,000.00. Capitalized terms used herein and not otherwise defined herein shall have the respective meanings assigned to such terms in the Loan Agreement, as defined below.

Act Teleconferencing Inc – TERM PROMISSORY NOTE (July 21st, 2005)

FOR VALUE RECEIVED, the undersigned, ACT TELECONFERENCING, INC., a Colorado corporation (the “Borrower”), HEREBY PROMISES TO PAY to the order of DOLPHIN DIRECT EQUITY PARTNERS, LP, a Delaware limited partnership (the “Lender”) and its registered assigns the principal sum of U.S.$1,500,000.00. Capitalized terms used herein and not otherwise defined herein shall have the respective meanings assigned to such terms in the Loan Agreement, as defined below.

Act Teleconferencing Inc – LOAN AGREEMENT dated as of July 15, 2005 between DOLPHIN DIRECT EQUITY PARTNERS, LP, as Lender, and ACT TELECONFERENCING, INC., as Borrower (July 21st, 2005)

LOAN AGREEMENT dated as of July 15, 2005 between ACT Teleconferencing, Inc., a Colorado corporation (the “Borrower”) and Dolphin Direct Equity Partners, LP, a Delaware limited partnership (the “Lender”).

Act Teleconferencing Inc – PLEDGE AGREEMENT (July 21st, 2005)

This Pledge Agreement dated as of July 15, 2005 is between ACT Teleconferencing, Inc., a Colorado corporation (“Pledgor”), and Dolphin Direct Equity Partners, LP, a Delaware limited partnership (“Secured Party”). Capitalized terms used but not defined herein have the meanings assigned to them in the Loan Agreement dated as of date hereof (as it may be amended or otherwise modified, the “Loan Agreement”) between Pledgor and Secured Party, and if not so assigned, in the Uniform Commercial Code as in effect from time to time in the State of New York.