FIRST AMENDMENT TO REVOLVING FACILITY AGREEMENTRevolving Facility Agreement • July 7th, 2006 • Evolving Systems Inc • Services-computer programming services
THIS FIRST AMENDMENT TO REVOLVING FACILITY AGREEMENT (this “Amendment”), dated as of June 30, 2006 (the “Effective Date”), is entered into by and among, (i) EVOLVING SYSTEMS LTD., a company incorporated under the laws of England & Wales with registration number 2325854 (“Borrower”), (ii) EVOLVING SYSTEMS HOLDINGS LTD., a company incorporated under the laws of England & Wales with registration number 5272751 (“UK Guarantor”), (iii) EVOLVING SYSTEMS, INC., a Delaware corporation, TELECOM SOFTWARE ENTERPRISES, LLC, a Colorado limited liability company, and EVOLVING SYSTEMS HOLDINGS, INC., a Delaware corporation as Credit Parties; (iv) CAPITALSOURCE FINANCE LLC, a Delaware limited liability company (in its individual capacity, “CapitalSource”), as administrative, payment and collateral agent for the Lenders (CapitalSource, in such capacities, “Agent”); (v) CSE FINANCE INC., a Delaware corporation as a Lender; and (vi) the LENDERS identified on the signature pages hereto. Capitalized terms
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • July 7th, 2006 • Evolving Systems Inc • Services-computer programming services
THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of June 30, 2006 (the “Effective Date”), is entered into by and among, (i) EVOLVING SYSTEMS, INC. (“Evolving Systems”), a Delaware corporation and TELECOM SOFTWARE ENTERPRISES, LLC, a Colorado limited liability company (together with Evolving Systems, “Borrowers” and each, a “Borrower”); (ii) EVOLVING SYSTEMS HOLDINGS, INC., a Delaware corporation (“Intermediate Holdco”), as a Guarantor and additional Credit Party; (iii) CAPITALSOURCE FINANCE LLC, a Delaware limited liability company (in its individual capacity, “CapitalSource”), as administrative and payment agent for the Lenders (CapitalSource, in such capacity, “Agent”); and (iv) the LENDERS identified on the signature pages hereto. Capitalized terms used and not otherwise defined herein are used as defined in the Agreement (as defined below).
