LOAN AND SECURITY AGREEMENT by and between MORIAH CAPITAL, L.P., as Lender, and JAGGED PEAK, INC. and JAGGED PEAK CANADA INC., as Borrowers Dated: As of December 17, 2009Loan and Security Agreement • March 10th, 2010 • Jagged Peak, Inc. • Services-prepackaged software • New York
SECURITIES ISSUANCE AGREEMENTSecurities Issuance Agreement • March 10th, 2010 • Jagged Peak, Inc. • Services-prepackaged software • New York
THIS SECURITIES ISSUANCE AGREEMENT (this “Agreement”) is made and entered into as of December 17, 2009, by and between Jagged Peak, Inc., a Nevada corporation (the “Company”), and Moriah Capital, L.P., a Delaware limited partnership (the “Lender”).
TRADEMARK COLLATERAL ASSIGNMENT AND SECURITY AGREEMENTTrademark Collateral Assignment • March 10th, 2010 • Jagged Peak, Inc. • Services-prepackaged software
This TRADEMARK SECURITY AGREEMENT, dated as of December 17, 2009, made by JAGGED PEAK, INC., a Nevada corporation (together with its Subsidiaries, “Grantor”), in favor of MORIAH CAPITAL, L.P., a Delaware limited partnership (“Lender”).
PATENT AND TRADEMARK SECURITY AGREEMENTPatent and Trademark Security Agreement • March 10th, 2010 • Jagged Peak, Inc. • Services-prepackaged software • New York
PATENT AND TRADEMARK SECURITY AGREEMENT, dated as of December 17, 2009, (this “Agreement”), made by JAGGED PEAK, INC., a Nevada corporation, with its principal place of business located at 3000 Bayport Drive, #250, Tampa, Florida 33607 (together with its Subsidiaries, “Grantor”), in favor of MORIAH CAPITAL, L.P., a Delaware limited partnership with offices at 444 Madison Avenue, Suite 501, New York, NY 10022 (“Lender”).
SECURED REVOLVING LOAN NOTESecured Revolving Loan Note • March 10th, 2010 • Jagged Peak, Inc. • Services-prepackaged software • New York
FOR VALUE RECEIVED, JAGGED PEAK, INC., a Nevada corporation, with its principal place of business located at 3000 Bayport Drive, 250, Tampa, Florida 33607 (“Parent”), and JAGGED PEAK CANADA INC., an Ontario corporation with its principal place of business located at c/o McCarthy Tetrault LLP, Box 48, Suite 4700, Toronto Dominion Bank Tower, Toronto, ON M5K 1E6 (together with Parent and their respective successors, “Borrowers”), each jointly and severally promises to pay to the order of MORIAH CAPITAL, L.P., a Delaware limited partnership with offices at 444 Madison Avenue, Suite 501, New York, NY 10022 and its successors and assigns (“Lender”), on or before March 18, 2011, the principal sum of up to One Million Five Hundred Thousand Dollars ($1,500,000), together with interest thereon, in accordance with the Loan and Security Agreement, of even date herewith, entered into by and between Borrowers and Lender (as amended from time to time, the “Agreement”). Capitalized terms used herein
