FIRST AMENDMENT TO UNCONDITIONAL GUARANTYUnconditional Guaranty • September 22nd, 2011 • GAIN Capital Holdings, Inc. • Commodity contracts brokers & dealers
This First Amendment to Unconditional Guaranty (this “Amendment”) is made as of September 16, 2011, by and among SILICON VALLEY BANK (“SVB”), as agent and JPMorgan Chase Bank, N.A. (“JPMorgan”) (SVB and JPMorgan are each a “Lender” and collectively the “Lenders”), GAIN CAPITAL HOLDINGS, INC. (“Borrower”) and GAIN HOLDINGS, LLC (“Guarantor”).
AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • September 22nd, 2011 • GAIN Capital Holdings, Inc. • Commodity contracts brokers & dealers • Delaware
THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of September 16, 2011 (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. This Agreement amends and restates, in its entirety, the terms of that certain Loan and Security Agreement among Borrower and Lenders dated as of March 29, 2006, as amended from time to time (the “Original Loan Agreement”). The pa
