NINTH WAIVER, AMENDMENT AND FORBEARANCE AGREEMENTAnd Forbearance Agreement • November 19th, 2004 • Act Teleconferencing Inc • Communications services, nec • Colorado
This Ninth Waiver, Amendment and Forbearance Agreement (“Amendment”) is effective as of November 12, 2004 and relates to the Note Agreement dated as of May 12, 2003 (the “Note Agreement”) among NewWest Mezzanine Fund, LP (“NewWest”), KCEP Ventures II, L.P. (“KCEP”), Convergent Capital Partners I, L.P. (“Convergent”), James F. Seifert Management Trust dated October 8, 1992 (the “Trust”) (collectively, the “Purchaser”) and ACT Teleconferencing, Inc. (“Holdings”) and certain subsidiaries of Holdings, as amended. Other capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Note Agreement.
Loan and Security AgreementSecurity Agreement • November 19th, 2004 • Act Teleconferencing Inc • Communications services, nec • Colorado
THIS LOAN AND SECURITY AGREEMENT is entered into on the above date between SILICON VALLEY BANK (“Silicon”), whose address is 3003 Tasman Drive, Santa Clara, California 95054 and the borrower(s) named above (collectively and jointly and severally, the “Borrower”), with ACT Teleconferencing, Inc. (herein sometimes called the “Parent”), whose chief executive office is located at the above address (“Borrower’s Address”), acting as the Borrower’s agent. The Schedule to this Agreement (the “Schedule”) shall for all purposes be deemed to be a part of this Agreement, and the same is an integral part of this Agreement. (Definitions of certain terms used in this Agreement are set forth in Section 8 below.)
