CREDIT AND SECURITY AGREEMENT BY AND BETWEEN DELPHAX TECHNOLOGIES INC. AND WELLS FARGO BANK, NATIONAL ASSOCIATION Acting through its Wells Fargo Business Credit operating division September 10, 2007Credit and Security Agreement • September 13th, 2007 • Delphax Technologies Inc • Printing trades machinery & equipment • Minnesota
DELPHAX TECHNOLOGIES INC., a Minnesota corporation (the “Borrower”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (as more fully defined in Article I herein, the “Lender”) acting through its Wells Fargo Business Credit operating division, hereby agree as follows:
ContractDelphax Technologies Inc • September 13th, 2007 • Printing trades machinery & equipment • Minnesota
This instrument and the rights and obligations evidenced hereby are subordinate in the manner and to the extent set forth in that certain Subordination Agreement (the “Subordination Agreement”) dated as of September 10, 2007, by and among Whitebox Delphax, Ltd., Delphax Technologies Inc. (“US Borrower”), Wells Fargo Bank National Association, acting through its Wells Fargo Business Credit operating division (“Wells US”), Delphax Technologies Canada Limited (“Canadian Borrower”), Wells Fargo Financial Corporation Canada (“Wells Canada”) to (A) the indebtedness (including interest) owed by US Borrower pursuant to that certain Credit and Security Agreement dated as of September 10, 2007 between US Borrower and Wells US and (B) the indebtedness (including interest) owed by Canadian Borrower pursuant to that certain Credit and Security Agreement dated as of September 10, 2007 between Canadian Borrower and Wells Canada, as each such Loan and Security Agreement has been and hereafter may be a
GUARANTEEGuarantee • September 13th, 2007 • Delphax Technologies Inc • Printing trades machinery & equipment
This Guarantee, dated as of September 10, 2007, is made by Delphax Technologies Inc., a Minnesota corporation (the “Guarantor”), for the benefit of Wells Fargo Financial Corporation Canada (with its participants, successors and assigns, the “Lender”).
FIRST AMENDMENT TO SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • September 13th, 2007 • Delphax Technologies Inc • Printing trades machinery & equipment • Minnesota
This First Amendment (the “Amendment”) to the Securities Purchase Agreement dated March 26, 2007 (the “Securities Purchase Agreement”) by and among Delphax Technologies Inc. (“Delphax”), Delphax Technologies Canada Limited (“Delphax Canada”), and Whitebox Delphax, Ltd. (“Whitebox”) is made as of this 10th day of September 2007 by and among Delphax, Delphax Canada, and Whitebox. Capitalized terms used but not defined in this Amendment shall have the meaning set forth in the Securities Purchase Agreement.
FIRST AMENDMENT TO REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • September 13th, 2007 • Delphax Technologies Inc • Printing trades machinery & equipment • Minnesota
This First Amendment (the “Amendment”) to the Registration Rights Agreement dated March 26, 2007 (the “Registration Rights Agreement”) by and among Delphax Technologies Inc. (“Delphax”), and Whitebox Delphax, Ltd. (“Whitebox”) is made as of this 10th day of September 2007 by and between Delphax and Whitebox. Capitalized terms used but not defined in this Amendment shall have the meaning set forth in the Registration Rights Agreement.
CREDIT AND SECURITY AGREEMENT BY AND BETWEEN DELPHAX TECHNOLOGIES CANADA LIMITED AND WELLS FARGO FINANCIAL CORPORATION CANADA SEPTEMBER 10, 2007Credit and Security Agreement • September 13th, 2007 • Delphax Technologies Inc • Printing trades machinery & equipment • Ontario
DELPHAX TECHNOLOGIES CANADA LIMITED, an Ontario corporation (the “Borrower”), and WELLS FARGO FINANCIAL CORPORATION CANADA (as more fully defined in ARTICLE I herein, the “Lender”), hereby agree as follows:
