THIRD LOAN MODIFICATION AGREEMENTThird Loan Modification Agreement • May 16th, 2005 • Manugistics Group Inc • Services-prepackaged software
This Third Loan Modification Agreement (the “Agreement”) is entered into as of April , 2005, by and among SILICON VALLEY BANK (“Bank” or “Lender”), whose address is 3003 Tasman Drive, Santa Clara, California 95054 and having a loan production office at 8020 Towers Crescent Drive, Suite 475, Vienna, Virginia 22182 and MANUGISTICS GROUP, INC., a corporation organized under the laws of the State of Delaware whose address is 9715 Key West Avenue, Rockville, Maryland 20850 (the “Company”), MANUGISTICS, INC., a corporation organized under the laws of the State of Delaware whose address is 9715 Key West Avenue, Rockville, Maryland 20850, and any Persons who are now or hereafter made parties to the Loan Agreement (as hereinafter defined) (each a “Borrower” and collectively, “Borrowers”).
FIFTH AMENDMENT TO LOAN AGREEMENTLoan Agreement • May 16th, 2005 • Manugistics Group Inc • Services-prepackaged software
This Fifth Amendment to Loan Agreement (this “Agreement”) is entered into as of April , 2005, effective as of March 29, 2005 by and among SILICON VALLEY BANK (“Bank” or “Lender”), whose address is 3003 Tasman Drive, Santa Clara, California 95054 and having a loan production office at 8020 Towers Crescent Drive, Suite 475, Vienna, Virginia 22182 and MANUGISTICS GROUP, INC., a corporation organized under the laws of the State of Delaware whose address is 9715 Key West Avenue, Rockville, Maryland 20850 (the “Company”), MANUGISTICS, INC., a corporation organized under the laws of the State of Delaware whose address is 9715 Key West Avenue, Rockville, Maryland 20850, and any Persons who are now or hereafter made parties to the Loan Agreement (as hereinafter defined) (each a “Borrower” and collectively, “Borrowers”).
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS A RELEASE OF KNOWN AND UNKNOWN CLAIMS.Manugistics Group Inc • May 16th, 2005 • Services-prepackaged software
This Agreement establishes the terms under which Manugistics Group, Inc. and its subsidiaries (“Manugistics” or the “Company”) and you have agreed your employment in the capacity of Executive Vice President and President of Worldwide Sales will end effective as of the close of business on February 28, 2005 (the “Separation Date”) and of your release of Manugistics and others described below from any claims you might have against any of them related to your employment and other matters described in the release (the “Release”).
EQUIPMENT TERM NOTEEquipment Term Note • May 16th, 2005 • Manugistics Group Inc • Services-prepackaged software
FOR VALUE RECEIVED, the undersigned, MANUGISTICS GROUP, INC., a corporation organized under the laws of the State of Delaware (the “Company”), and MANUGISTICS, INC., a corporation organized under the laws of the State of Delaware (each a “Borrower” and collectively, the “Borrowers”) jointly and severally promise to pay to the order of SILICON VALLEY BANK, a California-chartered bank, doing business in Virginia as “Silicon Valley East, Inc.” (“Bank”), at such place as the holder hereof may designate, in lawful money of the United States of America, the aggregate unpaid principal amount of all equipment advances (“Supplemental Equipment Advances”) made by Bank to any Borrower in accordance with the terms and conditions of the Fifth Amendment to Loan Agreement by and among Borrowers and Bank of even date herewith, which amends that certain Loan Agreement dated January 14, 2003 by and among the Borrowers and Bank (the Loan Agreement as amended from time to time the “Loan Agreement”), up to
