FORBEARANCE AGREEMENTForbearance Agreement • October 6th, 2009 • Vitesse Semiconductor Corp • Semiconductors & related devices • New York
THIS FORBEARANCE AGREEMENT (this “Agreement”) is entered into as of October 1, 2009, between Vitesse Semiconductor Corporation, a Delaware corporation (the “Borrower”) and Whitebox VSC, Ltd., as agent (the “Agent”) under that certain Loan Agreement, dated as of August 23, 2007 (the “Loan Agreement”), between the Borrower, the Agent, and the lenders from time to time parties thereto (the “Lenders”). Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to such terms in the Loan Agreement.
FORBEARANCE AGREEMENTForbearance Agreement • October 6th, 2009 • Vitesse Semiconductor Corp • Semiconductors & related devices • New York
THIS FORBEARANCE AGREEMENT (this “Agreement”) is entered into as of October 1, 2009, between Vitesse Semiconductor Corporation, a Delaware corporation (the “Issuer”) and the beneficial owners of the 1.50% Convertible Subordinated Debentures due 2024 (the “Notes”) signatories hereto (the “Forbearing Holders”). Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to such terms in the Indenture governing the Notes, dated as of September 22, 2004, between the Issuer and U.S. Bank National Association (the “Trustee”) (as amended and supplemented, or otherwise modified, the “Indenture”).
