AMENDED AND RESTATED CREDIT AGREEMENT by and among SERVICESOURCE INTERNATIONAL, LLC as Borrower, THE LENDERS THAT ARE SIGNATORIES HERETO as the Lenders, WELLS FARGO FOOTHILL, INC. as the Arranger and Administrative Agent, and COMERICA BANK and KEYBANK...Credit Agreement • January 28th, 2011 • Servicesource International LLC • Services-business services, nec • California
THIS AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) is entered into as of April 29, 2008, by and among the lenders identified on the signature pages hereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), WELLS FARGO FOOTHILL, INC., a California corporation, as the arranger and administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, “Agent”), COMERICA BANK and KEYBANK NATIONAL ASSOCIATION, as co-documentation agents, and SERVICESOURCE INTERNATIONAL, LLC, a Delaware limited liability company (“Borrower”), with reference to the following facts:
GENERAL CONTINUING GUARANTYGeneral Continuing Guaranty • January 28th, 2011 • Servicesource International LLC • Services-business services, nec • California
This GENERAL CONTINUING GUARANTY (this “Guaranty”), dated as of April 29, 2008, is executed and delivered by SERVICESOURCE INTERNATIONAL INC., a Delaware corporation (“Guarantor”), in favor of WELLS FARGO FOOTHILL, INC., a California corporation, as arranger and administrative agent for the below defined Lenders (in such capacity, together with its successors and assigns, if any, in such capacity, “Agent”), in light of the following:
AMENDED AND RESTATED EMPLOYMENT AND CONFIDENTIAL INFORMATION AGREEMENTEmployment and Confidential Information Agreement • January 28th, 2011 • Servicesource International LLC • Services-business services, nec • California
In consideration for employment by ServiceSource International, LLC (hereinafter “ServiceSource” or the “Company”) of Paul Warenski (“Employee”), ServiceSource and Employee acknowledge and agree as follows:
EMPLOYMENT AND CONFIDENTIAL INFORMATION AGREEMENTEmployment and Confidential Information Agreement • January 28th, 2011 • Servicesource International LLC • Services-business services, nec • California
In consideration for employment by ServiceSource International, LLC (hereinafter “ServiceSource”) of Chuck Boynton (“Employee”), ServiceSource and Employee acknowledge and agree as follows:
June 25, 2010Release Agreement • January 28th, 2011 • Servicesource International LLC • Services-business services, nec
As you know, we have agreed that your employment with ServiceSource will terminate on June 25, 2010. In accordance with your April 7, 2008 Employment and Confidential Information Agreement (“Employment Agreement”), and our transition agreement dated March 15, 2010 (“Transition Agreement”), you are required to sign this release agreement (“Release”) as a condition for receiving the following severance benefits:
WAIVERWaiver • January 28th, 2011 • Servicesource International LLC • Services-business services, nec
This WAIVER (this “Waiver”) is made this 19th day of March 2010, by and among SERVICESOURCE INTERNATIONAL, LLC, a Delaware limited liability company (“Borrower”), WELLS FARGO CAPITAL FINANCE, INC. (formerly known as Wells Fargo Foothill, Inc.), as administrative agent (“Agent”), and the undersigned parties constituting all the Lenders party, as of the date hereof, to that certain Amended and Restated Credit Agreement dated April 29, 2008 by and among Borrower, Agent and the Lenders (as amended, restated, extended, renewed, replaced or otherwise modified from time to time, the “Credit Agreement”; all capitalized terms used herein shall have meanings defined for such terms in the Credit Agreement unless otherwise defined herein).
AMENDED AND RESTATED SECURITY AGREEMENTPatent Security Agreement • January 28th, 2011 • Servicesource International LLC • Services-business services, nec • California
This AMENDED AND RESTATED SECURITY AGREEMENT (this “Agreement”) is made this 29th day of April, 2008, among Grantors listed on the signature pages hereof and those additional entities that hereafter become parties hereto by executing the form of Supplement attached hereto as Annex 1 (collectively, jointly and severally, “Grantors” and each individually “Grantor”), and WELLS FARGO FOOTHILL, INC., in its capacity as administrative agent for the Lender Group and the Bank Product Provider (together with its successors, “Agent”).
AMENDMENT NUMBER SIX TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • January 28th, 2011 • Servicesource International LLC • Services-business services, nec • California
This Amendment Number Six to Amended and Restated Credit Agreement (this “Amendment”) is entered into as of January 18, 2011, by and among SERVICESOURCE INTERNATIONAL, LLC, a Delaware limited liability company (“Borrower”), WELLS FARGO CAPITAL FINANCE, LLC (formerly known as Wells Fargo Foothill, LLC), as administrative agent (“Agent”), and the Lenders whose signatures appear on the signature pages hereof, in connection with that certain Amended and Restated Credit Agreement dated as of April 29, 2008, by and among Borrower, Agent and the Lenders (as amended, restated, extended, renewed, replaced or otherwise modified from time to time, the “Credit Agreement”), with respect to the following:
AMENDMENT NUMBER FIVE TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • January 28th, 2011 • Servicesource International LLC • Services-business services, nec • California
This Amendment Number Five to Amended and Restated Credit Agreement (this “Amendment”) is entered into as of December 17, 2010, by and among SERVICESOURCE INTERNATIONAL, LLC, a Delaware limited liability company (“Borrower”), WELLS FARGO CAPITAL FINANCE, LLC (formerly known as Wells Fargo Foothill, LLC), as administrative agent (“Agent”), and the Lenders whose signatures appear on the signature pages hereof, in connection with that certain Amended and Restated Credit Agreement dated as of April 29, 2008, by and among Borrower, Agent and the Lenders (as amended, restated, extended, renewed, replaced or otherwise modified from time to time, the “Credit Agreement”), with respect to the following:
AMENDMENT NUMBER SEVEN TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • January 28th, 2011 • Servicesource International LLC • Services-business services, nec • California
This Amendment Number Seven to Amended and Restated Credit Agreement (this “Amendment”) is entered into as of January 27, 2011, by and among SERVICESOURCE INTERNATIONAL, LLC, a Delaware limited liability company (“Borrower”), WELLS FARGO CAPITAL FINANCE, LLC (formerly known as Wells Fargo Foothill, LLC), as administrative agent (“Agent”), and the Lenders whose signatures appear on the signature pages hereof, in connection with that certain Amended and Restated Credit Agreement dated as of April 29, 2008, by and among Borrower, Agent and the Lenders (as amended, restated, extended, renewed, replaced or otherwise modified from time to time, the “Credit Agreement”), with respect to the following:
