COMDIAL CORPORATION TERM LOAN NOTEComdial Corp • April 18th, 2005 • Telephone & telegraph apparatus
FOR VALUE RECEIVED, [REDACTED], a [REDACTED] corporation (the “Borrower”) promises to pay to the order of COMDIAL CORPORATION, maintaining an office at 106 Cattlemen Road, Sarasota, Florida 34232 (“Lender”) or at such other office or at such other place as Lender may designate in writing, the principal sum of Eight Hundred Thousand Dollars ($800,000.00), in lawful money of the United States of America, together with interest from the date hereof at the rates specified below, payable as more fully provided below.
LOAN MODIFICATION AGREEMENTLoan Modification Agreement • April 18th, 2005 • Comdial Corp • Telephone & telegraph apparatus
This Loan Modification Agreement is entered into as of November , 2004, by and between COMDIAL CORPORATION, a Delaware corporation (“Borrower”), whose address is 106 Cattlemen Road, Sarasota, Florida 34232 and SILICON VALLEY BANK (“Bank”) whose address is 3003 Tasman Drive, Santa Clara, CA 95054 and with a loan production office at 3353 Peachtree Road, NE, North Tower, Suite M-10, Atlanta, Georgia 30326.
SUBORDINATION AGREEMENTSubordination Agreement • April 18th, 2005 • Comdial Corp • Telephone & telegraph apparatus
THIS SUBORDINATION AGREEMENT (“Agreement”) is entered into as of the 30th day of September, 2004, by and among [REDACTED] CORPORATION, a [REDACTED] corporation (the “Borrower”); COMDIAL CORPORATION (the “Creditor”); and AFFINITY BANK OF [REDACTED] (the “Bank”).
SECOND LOAN MODIFICATION AGREEMENTSecond Loan Modification Agreement • April 18th, 2005 • Comdial Corp • Telephone & telegraph apparatus
This Second Loan Modification Agreement is entered into as of November , 2004, by and between COMDIAL CORPORATION, a Delaware corporation (“Borrower”), whose address is 106 Cattlemen Road, Sarasota, Florida 34232 and SILICON VALLEY BANK (“Bank”) whose address is 3003 Tasman Drive, Santa Clara, CA 95054 and with a loan production office at 3353 Peachtree Road, NE, North Tower, Suite M-10, Atlanta, Georgia 30326.
Loan and Security AgreementSecurity Agreement • April 18th, 2005 • Comdial Corp • Telephone & telegraph apparatus • Georgia
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) is entered into on the above date between SILICON VALLEY BANK (“Silicon”), whose address is 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 3353 Peachtree Road, NE, Suite M-10, Atlanta, Georgia 30326 and the borrower named above (the “Borrower”), whose chief executive office is located at the above address (“Borrower’s Address”). The Schedule to this Agreement (the “Schedule”) shall for all purposes be deemed to be a part of this Agreement, and the same is an integral part of this Agreement. (Definitions of certain terms used in this Agreement are set forth in Section 8 below.)
BUSINESS LOAN AND SECURITY AGREEMENT BY AND BETWEEN COMDIAL CORPORATION AND [REDACTED] CORPORATION DATED: October 1, 2004Business Loan and Security Agreement • April 18th, 2005 • Comdial Corp • Telephone & telegraph apparatus • New York
THIS BUSINESS LOAN AND SECURITY AGREEMENT (“Agreement”) is made this 1st day of October, 2004 between COMDIAL CORPORATION, a Delaware corporation, maintaining an office at 106 Cattlemen Road, Sarasota, Florida 34232 (“Lender”) and [REDACTED], a [REDACTED] corporation, maintaining an office at [REDACTED] (“Borrower”), [REDACTED] and [REDACTED] (“[REDACTED]”), and [REDACTED] and [REDACTED] (“[REDACTED]”) (individually, and jointly, the “Sureties”).
THIRD LOAN MODIFICATION AND FORBEARANCE AGREEMENTThird Loan Modification and Forbearance Agreement • April 18th, 2005 • Comdial Corp • Telephone & telegraph apparatus • Georgia
This Loan Modification and Forbearance Agreement (this “Agreement”) is entered into as of March 17, 2005, by and between COMDIAL CORPORATION, a Delaware corporation (“Borrower”), whose address is 106 Cattlemen Road, Sarasota, Florida 34232 and SILICON VALLEY BANK (“Bank”) whose address is 3003 Tasman Drive, Santa Clara, CA 95054 and with a loan production office at 3353 Peachtree Road, NE, North Tower, Suite M-10, Atlanta, Georgia 30326.
SECOND AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • April 18th, 2005 • Comdial Corp • Telephone & telegraph apparatus • Florida
THIS SECOND AMENDMENT (the “Amendment”) to the Executive Employment Agreement dated December 24, 2003 (the “Employment Agreement”) shall become effective as of [May 1], 2004 (the “Amendment Effective Date”) by and between Neil P. Lichtman, who resides at 30981 Via Errecarte, San Juan Capistrano, CA 92675 (the “Executive”), and Comdial Corporation, a Delaware corporation having offices at 106 Cattlemen Road, Sarasota, Florida 34232 (the “Company”). Capitalized terms used in this Amendment shall have the same meanings set forth in the Employment Agreement.
