EXHIBIT 10.14
SILICON VALLEY BANK
AMENDMENT TO LOAN DOCUMENTS
BORROWER: XXXXXXX CARDIOLOGY SYSTEMS, INC.
XXXXXXX INC.
XXXXXXX, INC.
DATE: JANUARY 9, 2003
THIS AMENDMENT TO LOAN DOCUMENTS is entered into between SILICON VALLEY
BANK ("Silicon") and the borrower named above ("Borrower").
The Parties agree to amend the Loan and Security Agreement between
them, dated December 30, 2002, as amended, if at all (the "Loan Agreement"), as
follows, effective as of the date hereof. (Capitalized terms used but not
defined in this Amendment shall have the meanings set forth in the Loan
Agreement.)
1. MODIFIED DEFINITION OF GENERAL INTANGIBLES. The definition of
"General Intangibles" set forth in Section 8 of the Loan Agreement that
currently reads as follows:
"General Intangibles" means all present and future "general
intangibles" as defined in the California Uniform Commercial
Code in effect on the date hereof with such additions to such
term as may hereafter be made, and includes without limitation
all Intellectual Property, payment intangibles, royalties,
contract rights, goodwill, franchise agreements, purchase
orders, customer lists, route lists, telephone numbers, domain
names, claims, income tax refunds, security and other
deposits, options to purchase or sell real or personal
property, rights in all litigation presently or hereafter
pending (whether in contract, tort or otherwise), insurance
policies (including without limitation key man, property
damage, and business interruption insurance), payments of
insurance and rights to payment of any kind.
is hereby amended to read as follows:
"General Intangibles" means all present and future "general
intangibles" as defined in the California Uniform Commercial
Code in effect on the date hereof with such additions to such
term as may hereafter be made, and includes without limitation
all Intellectual Property, payment intangibles, royalties,
contract rights, goodwill, franchise agreements, purchase
orders,
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SILICON VALLEY BANK AMENDMENT TO LOAN DOCUMENTS
customer lists, route lists, telephone numbers, domain names,
claims, income tax refunds, security and other deposits,
options to purchase or sell real or personal property, rights
in all litigation presently or hereafter pending (whether in
contract, tort or otherwise, including, without limitation,
all claims arising out of that certain lawsuit entitled
Xxxxxxx Instrument Company v. Zymed, Inc. and Agilent
Technologies, Inc., Case No. COO-1705C, filed in the U.S.
District Court, Western District of Washington), insurance
policies (including without limitation key man, property
damage, and business interruption insurance), payments of
insurance and rights to payment of any kind.
2. REPRESENTATIONS TRUE. Borrower represents and warrants to
Silicon that all representations and warranties set forth in the Loan Agreement,
as amended hereby, are true and correct.
3. GENERAL PROVISIONS. This Amendment, the Loan Agreement, any
prior written amendments to the Loan Agreement signed by Silicon and Borrower,
and the other written documents and agreements between Silicon 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
Silicon and Borrower shall continue in full force and effect and the same are
hereby ratified and confirmed.
BORROWER: SILICON:
XXXXXXX CARDIOLOGY SYSTEMS, INC. SILICON VALLEY BANK
BY /s/ Xxxxxxx Xxxxxxx BY /s/ Silicon Valley Bank
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PRESIDENT OR VICE PRESIDENT TITLE_____________________________
BY /s/ Xxx Way
-------------------------------
SECRETARY OR ASS'T SECRETARY
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SILICON VALLEY BANK AMENDMENT TO LOAN DOCUMENTS
BORROWER: BORROWER:
XXXXXXX INC. XXXXXXX, INC.
BY /s/ Xxxxxxx Xxxxxxx BY /s/ Xxxxxxx Xxxxxxx
------------------------------- --------------------------------
PRESIDENT OR VICE PRESIDENT PRESIDENT OR VICE PRESIDENT
BY /s/ Xxx Way BY /s/ Xxx Way
------------------------------- --------------------------------
SECRETARY OR ASS'T SECRETARY SECRETARY OR ASS'T SECRETARY
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