PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • August 31st, 2009 • GAIN Capital Holdings, Inc.
THIS PLEDGE AND SECURITY AGREEMENT is made this 29th day of March, 2006, by and among (i) GAIN CAPITAL HOLDINGS, INC. (“Pledgor”) and (ii) SILICON VALLEY BANK, a California-chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 (“SVB”), as agent for the Lenders (“Agent”) and JPMORGAN CHASE BANK, N.A. (“JPMORGAN”) (SVB and JPMORGAN each, individually, a “Lender” and collectively, the “Lenders”).
FOURTH LOAN MODIFICATION AGREEMENTFourth Loan Modification Agreement • August 31st, 2009 • GAIN Capital Holdings, Inc.
This Fourth Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of March 18, 2008, by and among SILICON VALLEY BANK, a California corporation (“SVB”), as collateral agent (the “Collateral Agent”) for the Lenders and administrative agent (the “Administrative Agent”) for the Lenders (Collateral Agent and Administrative Agent are collectively the “Agent”), and the Lenders listed on Schedule 1.1 and otherwise party hereto, including, without limitation, SVB and JPMORGAN CHASE BANK, N.A. (“JPMorgan”) (SVB and JPMorgan are, collectively, the “Joint Bookrunners”) and GAIN CAPITAL HOLDINGS, INC., a Delaware corporation (“Borrower”).
SECOND LOAN MODIFICATION AGREEMENTSecond Loan Modification Agreement • August 31st, 2009 • GAIN Capital Holdings, Inc.
This Second Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of March 20th 2007, by and among SILICON VALLEY BANK, a California corporation (“SVB”), as collateral agent (the “Collateral Agent”) for the Lenders and administrative agent (the “Administrative Agent”) for the Lenders (Collateral Agent and Administrative Agent are collectively the “Agent”), and the Lenders listed on Schedule 1.1 and otherwise party hereto, including, without limitation, SVB and JPMORGAN CHASE BANK, N.A. (“JPMorgan”) (SVB and JPMorgan are, collectively, the “Joint Bookrunners”) and GAIN CAPITAL HOLDINGS, INC., a Delaware corporation (“Borrower”).
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 31st, 2009 • GAIN Capital Holdings, Inc. • New York
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of March 29, 2006 (the “Effective Date”) by and among SILICON VALLEY BANK, a California corporation (“SVB”), as collateral agent (the “Collateral Agent”) for the Lenders and administrative agent (the “Administrative Agent”) for the Lenders (Collateral Agent and Administrative Agent are collectively the “Agent”), and the Lenders listed on Schedule 1.1 and otherwise party hereto, including, without limitation, SVB and JPMORGAN CHASE BANK, N.A. (“JPMorgan”) (SVB and JPMorgan are, collectively, the “Joint Bookrunners”) and GAIN CAPITAL HOLDINGS, INC., a Delaware corporation (“Borrower”), provides the terms on which Lenders shall lend to Borrower and Borrower shall repay Lenders. The parties agree as follows:
FIRST LOAN MODIFICATION AGREEMENTFirst Loan Modification Agreement • August 31st, 2009 • GAIN Capital Holdings, Inc.
This First Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of October 16, 2006, by and among SILICON VALLEY BANK, a California corporation (“SVB”), as collateral agent (the “Collateral Agent”) for the Lenders and administrative agent (the “Administrative Agent”) for the Lenders (Collateral Agent and Administrative Agent are collectively the “Agent”), and the Lenders listed on Schedule 1.1 and otherwise party hereto, including, without limitation, SVB and JPMORGAN CHASE BANK, N.A. (“JPMorgan”) (SVB and JPMorgan are, collectively, the “Joint Bookrunners”) and GAIN CAPITAL HOLDINGS, INC., a Delaware corporation (“Borrower”).
UNCONDITIONAL GUARANTYUnconditional Guaranty • August 31st, 2009 • GAIN Capital Holdings, Inc. • New Jersey
This continuing Unconditional Guaranty (“Guaranty”) is entered into as of March 29, 2006, by Gain Holdings, LLC (“Guarantor”), in favor of Silicon Valley Bank (“SVB”), as agent for the Lenders (“Agent”) and JPMorgan Chase Bank, N.A. (“JPMorgan”) (SVB and JPMorgan are each a “Lender”, and collectively the “Lenders”).
THIRD LOAN MODIFICATION AGREEMENTThird Loan Modification Agreement • August 31st, 2009 • GAIN Capital Holdings, Inc.
This Third Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of June 15, 2007, by and among SILICON VALLEY BANK, a California corporation (“SVB”), as collateral agent (the “Collateral Agent”) for the Lenders and administrative agent (the “Administrative Agent”) for the Lenders (Collateral Agent and Administrative Agent are collectively the “Agent”), and the Lenders listed on Schedule 1.1 and otherwise party hereto, including, without limitation, SVB and JPMORGAN CHASE BANK, N.A. (“JPMorgan”) (SVB and JPMorgan are, collectively, the “Joint Bookrunners”) and GAIN CAPITAL HOLDINGS, INC., a Delaware corporation (“Borrower”).
FIFTH LOAN MODIFICATION AGREEMENTFifth Loan Modification Agreement • August 31st, 2009 • GAIN Capital Holdings, Inc.
This Fifth Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of June 18, 2009, and is effective as of March 17, 2009, by and among SILICON VALLEY BANK, a California corporation (“SVB”), as collateral agent (the “Collateral Agent”) for the Lenders and administrative agent (the “Administrative Agent”) for the Lenders (Collateral Agent and Administrative Agent are collectively the “Agent”), and the Lenders listed on Schedule 1.1 and otherwise party hereto, including, without limitation, SVB and JPMORGAN CHASE BANK, N.A. (“JPMorgan”) (SVB and JPMorgan are, collectively, the “Joint Bookrunners”) and GAIN CAPITAL HOLDINGS, INC., a Delaware corporation (“Borrower”).
