LEASE BY AND BETWEEN CTC ASSOCIATES II, L.P., a Delaware limited partnership as Landlord and REDBACK NETWORKS INC., a Delaware corporation as Tenant January 2, 2004Lease • March 15th, 2004 • Redback Networks Inc • Services-computer integrated systems design • California
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 15th, 2004 • Redback Networks Inc • Services-computer integrated systems design • California
THIS LOAN AND SECURITY AGREEMENT (together with any schedule, annex, or exhibit attached hereto, as the same may be amended, restated, or otherwise modified, this “Agreement”) is entered into on March 10, 2004 (the “Effective Date”) between SILICON VALLEY BANK (“Bank”), whose address is 3003 Tasman Drive, Santa Clara, California 95054, and REDBACK NETWORKS INC., a Delaware corporation (“Borrower”), whose chief executive office is 300 Holger Way, San Jose, California 95134 (“Borrower’s Address”). (Definitions of capitalized terms used in this Agreement are set forth in Section 8 below.)
AMENDMENT NUMBER ONE TO FINANCING AGREEMENTFinancing Agreement • March 15th, 2004 • Redback Networks Inc • Services-computer integrated systems design • New York
This AMENDMENT NUMBER ONE TO FINANCING AGREEMENT (this “Amendment”), dated as of December 3, 2003, is entered into by and among REDBACK NETWORKS, INC., a Delaware corporation (the ”Borrower”), each of the lenders that is a signatory to this Amendment (individually, a “Lender” and collectively, the ”Lenders”), ABLECO FINANCE LLC, a Delaware limited liability company, as collateral agent for the Lenders (the ”Collateral Agent”), and WELLS FARGO FOOTHILL, INC., a California corporation, as administrative agent for the Lenders (the ”Administrative Agent”).
January 2, 2004 Redback Networks Inc. San Jose, California 95134 Attn: Chief Financial Officer Ladies and Gentlemen:Redback Networks Inc • March 15th, 2004 • Services-computer integrated systems design • New York
Reference is made to that certain Financing Agreement, dated as of November 12, 2003, as amended and currently in effect (the “Financing Agreement”; capitalized terms used herein and not otherwise defined herein shall have the meanings given to such terms in the Financing Agreement) by and among, on the one hand, the lenders from time to time a party thereto (each a “Lender”, and collectively the “Lenders”), Ableco Finance LLC, a Delaware limited liability company as collateral agent for such Lenders (in such capacity, together with its successors and assigns, if any, in such capacity, “Collateral Agent”), Wells Fargo Foothill, Inc., as administrative agent for such Lenders (in such capacity, in such capacity, together with its successors and assigns, if any, in such capacity, “Administrative Agent”; together with the Collateral Agent, the “Agents”), Redback Networks Inc., a Delaware corporation as borrower, and Redback Networks International Inc., a Delaware corporation and Merlin Sys
