NEGATIVE PLEDGE AGREEMENTNegative Pledge Agreement • October 15th, 2003 • Intraware Inc • Services-business services, nec
This Negative Pledge Agreement is made as of August 1, 2003, by Intraware, Inc. a Delaware corporation Borrower”), in favor of Silicon Valley Bank, a California-chartered bank (“Bank”).
ContractIntraware Inc • October 15th, 2003 • Services-business services, nec • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAWS OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.
LOAN AND SECURITY AGREEMENT INTRAWARE, INC.Loan and Security Agreement • October 15th, 2003 • Intraware Inc • Services-business services, nec
This LOAN AND SECURITY AGREEMENT dated as of the Effective Date between SILICON VALLEY BANK, a California-chartered bank (“Bank”) whose address is 3003 Tasman Drive, Santa Clara, California 95054, and INTRAWARE, INC., a Delaware corporation (“Borrower”) whose address is 25 Orinda Way, Orinda, California 94563, provides the terms on which Bank will lend to Borrower and Borrower will borrow from Bank. The parties agree as follows:
