Re: Note Purchase AgreementVitesse Semiconductor Corp • November 7th, 2013 • Semiconductors & related devices • New York
This letter will confirm your agreement to purchase (the “Note Purchase”) from the undersigned (the “Holder”), $[ ] principal amount of 8.00% convertible second lien debentures due 2014 (referred to as the “Notes”) of Vitesse Semiconductor Corporation, a Delaware corporation (the “Company”) currently held by Holder on the terms set forth in this agreement (the “Agreement”).
THIRD AMENDMENT TO LOAN AGREEMENTLoan Agreement • November 7th, 2013 • Vitesse Semiconductor Corp • Semiconductors & related devices • New York
THIS THIRD AMENDMENT TO LOAN AGREEMENT (this “Amendment”) is entered into as of November 5, 2013, among VITESSE SEMICONDUCTOR CORPORATION, a Delaware corporation (the “Borrower”), the other Loan Parties (as defined below), and WHITEBOX VSC LTD., a British Virgin Islands business company (the “Agent”). Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to such terms in the Loan Agreement dated as of August 23, 2007, as amended by that First Amendment to Loan Agreement, dated as of October 16, 2009 (the “First Amendment”), as further amended by that Second Amendment to Loan Agreement, dated as of February 14, 2011 (the “Second Amendment”; such Loan Agreement as amended by the First Amendment and the Second Amendment, the “Existing Loan Agreement”), and as further amended hereby, by and among the lenders from time to time signatory thereto (collectively the “Lenders” and individually each a “Lender”), the Borrower, and the Agent, as one of the Lenders
