INTERCREDITOR AGREEMENTIntercreditor Agreement • December 8th, 2003 • Silicon Graphics Inc • Electronic computers • California
THIS INTERCREDITOR AGREEMENT (this “Agreement”), dated as of , 2003, is made among SILICON GRAPHICS, INC., a Delaware corporation (“SGI”), U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America (“Trustee”), and WELLS FARGO FOOTHILL, INC., a California corporation, as Administrative Agent for itself and other Lenders (“Agent”).
SECURITY AGREEMENTSecurity Agreement • December 8th, 2003 • Silicon Graphics Inc • Electronic computers • New York
This SECURITY AGREEMENT, dated as of December [ ], 2003 (as amended, supplemented, amended and restated or otherwise modified from time to time, the “Agreement”), is made by SILICON GRAPHICS, INC., a Delaware corporation (the “Grantor”), in favor of U.S. BANK NATIONAL ASSOCIATION, in its capacity as Trustee and for the benefit of the Noteholders (such capitalized terms to have the meanings set forth in Article I).
November 11, 2003Silicon Graphics Inc • December 8th, 2003 • Electronic computers
Reference is made to that certain Amended and Restated Loan and Security Agreement, dated as of September 20, 2002 (as amended, restated, supplemented, or modified from time to time, the “Loan Agreement”), entered into among Silicon Graphics, Inc., a Delaware corporation (“Parent”), Silicon Graphics Federal, Inc., a Delaware corporation (together with Parent, “Borrowers”), the Lenders signatory thereto (the ‘Lenders”), and Wells Fargo Foothill, Inc., a California corporation, as the arranger and administrative agent for the Lenders (“Agent”). Capitalized terms, which are used herein but not defined herein, shall have the meanings ascribed to them in the Loan Agreement.
