AMENDMENT NO. 1 TO AMENDED AND RESTATED TERM LOAN CREDIT AGREEMENTTerm Loan Credit Agreement • January 3rd, 2020 • Falconstor Software Inc • Services-prepackaged software
THIS AMENDED AND RESTATED TERM LOAN CREDIT AGREEMENT dated as of February 23, 2018 (this “Agreement”) is entered into among (i) FALCONSTOR SOFTWARE, INC., a Delaware corporation (the “Borrower”), (ii) FALCONSTOR, INC., a Delaware corporation, FALCONSTOR AC, INC., a Delaware corporation, and the other Persons party hereto from time to that are designated as a “Guarantor” hereunder, (iii) the financial institutions that are or may from time to time become parties hereto (together with their respective successors and assigns, the “Lenders”), (iv) ESW CAPITAL, LLC, a Delaware limited liability company, as the Co-Agent, and (ivv) HCP-FVA, LLC, a Delaware limited liability company (in its individual capacity, “HCP-FVA”), as Administrative Agent for the Lenders.
