ContractSt. Bernard Software, Inc. • January 31st, 2008 • Services-prepackaged software • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.
SUBORDINATION AGREEMENTSubordination Agreement • January 31st, 2008 • St. Bernard Software, Inc. • Services-prepackaged software
This Subordination Agreement (this “Agreement”) dated January 25, 2008, is between Agility Capital, LLC (“Creditor”), and Silicon Valley Bank (“Bank”).
ContractSt. Bernard Software, Inc. • January 31st, 2008 • Services-prepackaged software • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND MAY NOT BE SOLD, PLEDGED OR OTHERWISE TRANSFERRED WITHOUT AN EFFECTIVE REGISTRATION THEREOF OR IN ACCORDANCE WITH APPLICABLE LAW.
INTELLECTUAL PROPERTY SECURITY AGREEMENTIntellectual Property Security Agreement • January 31st, 2008 • St. Bernard Software, Inc. • Services-prepackaged software
This INTELLECTUAL PROPERTY SECURITY AGREEMENT is entered into as of January 25, 2008 by and among Agility Capital, LLC (“Lender”) and St. Bernard Software, Inc., a Delaware corporation ( “Grantor”).
LOAN AGREEMENT Dated as of January 25, 2008 by and between AGILITY CAPITAL, LLC as Agility and ST BERNARD SOFTWARE, INC. as Borrower TOTAL CREDIT AMOUNT: Up to $750,000Loan Agreement • January 31st, 2008 • St. Bernard Software, Inc. • Services-prepackaged software • California
The information set forth above is subject to the terms and conditions set forth in the balance of this Agreement. The parties agree as follows:
INTELLECTUAL PROPERTY SECURITY AGREEMENTIntellectual Property Security Agreement • January 31st, 2008 • St. Bernard Software, Inc. • Services-prepackaged software • California
This Intellectual Property Security Agreement (this “IP Agreement”) is made as of the 25th day of January, 2008 by and between ST. BERNARD SOFTWARE, INC. (“Grantor”), and Silicon Valley Bank (“Bank”).
THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • January 31st, 2008 • St. Bernard Software, Inc. • Services-prepackaged software
THIS THIRD AMENDMENT to Loan and Security Agreement (this “Amendment”) is entered into this 25th day of January 2008, by and between Silicon Valley Bank (“Bank”) and ST. BERNARD SOFTWARE, INC., a Delaware corporation (“Borrower”) whose address is 15015 Avenue of Science, San Diego, CA 92128.
