WAIVER AND FIRST AMENDMENT TO LOAN DOCUMENTSWaiver And • August 9th, 2012 • Icg Group, Inc. • Services-management consulting services • Pennsylvania
WAIVER AND FIRST AMENDMENT TO LOAN DOCUMENTS (this “Amendment”), dated as of August 9, 2012, among PROCURIAN USA INC. (f/k/a/ ICG Commerce, Inc.) (“Procurian”), ICG COMMERCE INVESTMENTS, LLC (“Investments”), PROCURIAN INTERNATIONAL I LLC (f/k/a ICG Commerce International, LLC) (“International I”), PROCURIAN INC. (f/k/a ICG Commerce Holdings, Inc.) (“Holdings” and together with Procurian, Investments and International I, collectively the “Borrower”), and PNC BANK, NATIONAL ASSOCIATION (the “Bank”).
Amended and Restated Term Note (Multi-Rate Options) $25,000,000 August 9, 2012Icg Group, Inc. • August 9th, 2012 • Services-management consulting services
FOR VALUE RECEIVED, PROCURIAN USA INC. (f/k/a/ ICG Commerce, Inc.), ICG COMMERCE INVESTMENTS, LLC, PROCURIAN INTERNATIONAL I LLC (f/k/a ICG Commerce International, LLC) PROCURIAN INC. (f/k/a ICG Commerce Holdings, Inc.) (individually and collectively, the “Borrower”), with an address at 211 South Gulph Road, Suite 500, King of Prussia, Pennsylvania 19406, jointly and severally promise to pay to the order of PNC BANK, NATIONAL ASSOCIATION (the “Bank”), in lawful money of the United States of America in immediately available funds at its offices located at 1000 Westlakes Drive, Suite 200, Berwyn, Pennsylvania 19312, or at such other location as the Bank may designate from time to time, the principal sum of TWENTY FIVE MILLION DOLLARS ($25,000,000) (the “Facility”), together with interest accruing on the outstanding principal balance from the date hereof, all as provided below.
