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Exhibit 10.9.1
[GREYROCK LOGO]
AMENDMENT TO LOAN DOCUMENTS
BORROWER: FIREPOND, INC. (FORMERLY CWC INCORPORATED)
ADDRESS: 0000 XXXXXXX XXXXX
XXXXXXX, XXXXXXXXX 00000
DATE: JUNE 24, 1999
THIS AMENDMENT TO LOAN DOCUMENTS is entered into between GREYROCK
CAPITAL, A DIVISION OF NATIONSCREDIT COMMERCIAL CORPORATION (formerly Greyrock
Business Credit) ("Greyrock"), whose address 00000 Xxxxxxxx Xxxx., Xxxxx 0000,
Xxx Xxxxxxx XX 00000 and the borrower named above ("Borrower").
The Parties agree to amend the Loan and Security Agreement between
them, dated July 31, 1998 (as previously amended, if at all, the "Loan
Agreement"), as follows. (This Amendment, the Loan Agreement, any prior written
amendments to said agreements signed by Greyrock and the Borrower, and all other
written documents and agreements between Greyrock and the Borrower are referred
to herein collectively as the "Loan Documents". Capitalized terms used but not
defined in this Amendment, shall have the meanings set forth in the Loan
Agreement.).
1. EXTENSION. The date "July 31, 1999" in Section 4 of the
Schedule is hereby replaced by the date "August 31, 1999", so that such section
reads as follows:
"4. MATURITY DATE
(Section 6.1) AUGUST 31, 1999, subject to automatic renewal as
provided in Section 6.1 above, and early termination
as provided in Section 6.2 above."
2. NOTICE OF TERMINATION. Effective from the date hereof through
August 31, 1999, the word "sixty" in Section 6.1 of the Loan Agreement is hereby
replaced by the word "thirty", so that such section reads as follows:
"6.1 MATURITY DATE, This Agreement shall continue in
effect until the maturity date set forth on the Schedule (the Maturity
Date); provided that the Maturity Date shall automatically be extended,
and this Agreement shall automatically and continuously renew, for
successive additional terms of one year each, unless one party gives
written notice to the other, not less than thirty days prior to the
next Maturity Date, that such- party elects to terminate this Agreement
effective on the next Maturity Date."
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Greyrock Capital Amendment to Loan Documents
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In the event that no notice of termination is given by either party
effective on the Maturity Date which is August 31, 1999, and the Loan Agreement
thus automatically renews, then, effective September 1, 1999, the word "thirty"
in Section 6.1 of the Loan Agreement shall be replaced by the word "sixty", so
that such section will read as follows:
"6.1 MATURITY DATE. This Agreement shall continue in
effect until the maturity date set forth on the Schedule (the Maturity
Date); provided that the Maturity Date shall automatically be extended,
and this Agreement shall automatically and continuously renew, for
successive -additional terms of one year each, unless one party gives
written notice to the other, not less than sixty days prior to the next
Maturity Date, that such party elects to terminate this Agreement
effective on the next Maturity Date."
3. REPRESENTATIONS TRUE. Borrower represents and warrants to
Greyrock that all representations and warranties set forth in the Loan
Agreement, as amended hereby, are true and correct.
4. GENERAL PROVISIONS. This Amendment, the Loan Agreement, `and
the other Loan Documents 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 the
other Loan Documents shall continue in full force and effect and the same are
hereby ratified and confirmed.
BORROWER: GREYROCK:
FIREPOND, INC. GREYROCK CAPITAL,
A DIVISION OF NATIONSCREDIT
COMMERCIAL CORPORATION
BY: /s/ Xxxx XxXxxxxxx CFO BY: /s/ Signature Illegible
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PRESIDENT OR VICE PRESIDENT TITLE Senior Vice President
BY
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SECRETARY OR ASS'T SECRETARY
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