LOAN AGREEMENT dated as of October 31, 2005 between DOLPHIN DIRECT EQUITY PARTNERS, LP, as Lender, and ACT TELECONFERENCING, INC., as BorrowerLoan Agreement • November 3rd, 2005 • Act Teleconferencing Inc • Communications services, nec • New York
LOAN AGREEMENT dated as of October 31, 2005 between ACT Teleconferencing, Inc., a Colorado corporation (the “Borrower”) and Dolphin Direct Equity Partners, LP, a Delaware limited partnership (the “Lender”).
SECURITY AGREEMENTSecurity Agreement • November 3rd, 2005 • Act Teleconferencing Inc • Communications services, nec • New York
This Security Agreement dated as of October 31, 2005 is among ACT Teleconferencing, Inc., a Colorado corporation (“Borrower”), subsidiaries of the Borrower set forth on the signature pages hereto (together with the Borrower, collectively, the “Debtors” and each a “Debtor”) and Dolphin Direct Equity Partners, LP, a Delaware limited partnership (the “Secured Party”). Capitalized terms used but not defined herein have the meanings assigned to them in the Loan Agreement dated as of date hereof (as it may be amended or otherwise modified, the “Loan Agreement”) between the Debtors and the Secured Party, and if not so assigned, in the Uniform Commercial Code as in effect from time to time in the State of New York (the “State”).
PLEDGE AGREEMENTPledge Agreement • November 3rd, 2005 • Act Teleconferencing Inc • Communications services, nec • New York
This Pledge Agreement dated as of October 31, 2005 is between ACT Teleconferencing, Inc., a Colorado corporation (“Pledgor”), and Dolphin Direct Equity Partners, LP, a Delaware limited partnership (“Secured Party”). Capitalized terms used but not defined herein have the meanings assigned to them in the Loan Agreement dated as of date hereof (as it may be amended or otherwise modified, the “Loan Agreement”) between Pledgor and Secured Party, and if not so assigned, in the Uniform Commercial Code as in effect from time to time in the State of New York.
FOURTH FORBEARANCE AND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 3rd, 2005 • Act Teleconferencing Inc • Communications services, nec • Colorado
This FOURTH FORBEARANCE AND AMENDMENT to Loan and Security Agreement (this “Amendment”) is entered into as of the 31st day of October, 2005, by and among Silicon Valley Bank (“Bank” or “Silicon”) and each of the following named corporations: ACT Teleconferencing, Inc., ACT Teleconferencing Services, Inc., ACT Videoconferencing, Inc., ACT Proximity, Inc., and ACT Research, Inc. (collectively and jointly and severally, the “Borrowers” and separately, a “Borrower”), with ACT Teleconferencing, Inc., whose chief executive office is located at 1526 Cole Boulevard, Suite 300, Golden, CO 80401, acting as the Borrowers’ Agent.
SUBORDINATION AGREEMENTSubordination Agreement • November 3rd, 2005 • Act Teleconferencing Inc • Communications services, nec
THIS SUBORDINATION AGREEMENT is made this 31st day of October, 2005, among ACT TELECONFERENCING, INC., a corporation organized under the laws of the State of Colorado (the “Company”), DOLPHIN DIRECT EQUITY PARTNERS, LP (the “Subordinated Creditor”), and SILICON VALLEY BANK, a national banking association (the “Lender”).
CONSENT UNDER LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 3rd, 2005 • Act Teleconferencing Inc • Communications services, nec • Colorado
This CONSENT under Loan and Security Agreement (this “Consent”) is entered into as of the 31st day of October, 2005, by and among Silicon Valley Bank (“Bank” or “Silicon”) and each of the following named corporations: ACT Teleconferencing, Inc., ACT Teleconferencing Services, Inc., ACT Videoconferencing, Inc., ACT Proximity, Inc., and ACT Research, Inc. (collectively and jointly and severally, the “Borrowers” and separately, a “Borrower”), with ACT Teleconferencing, Inc., whose chief executive office is located at 1526 Cole Boulevard, Suite 300, Golden, CO 80401, acting as the Borrowers’ agent.
TERM PROMISSORY NOTEAct Teleconferencing Inc • November 3rd, 2005 • Communications services, nec
FOR VALUE RECEIVED, the undersigned, ACT TELECONFERENCING, INC., a Colorado corporation (the “Borrower”), HEREBY PROMISES TO PAY to the order of DOLPHIN DIRECT EQUITY PARTNERS, LP, a Delaware limited partnership (the “Lender”) and its registered assigns the principal sum of U.S.$ . Capitalized terms used herein and not otherwise defined herein shall have the respective meanings assigned to such terms in the Loan Agreement, as defined below.
