THIRD AMENDED AND RESTATED LIMITED GUARANTY as of June 1, 2017Business Financing Agreement • June 6th, 2017 • Determine, Inc. • Services-prepackaged software • California
AMENDMENT NUMBER TEN TO AMENDED AND RESTATED BUSINESS FINANCING AGREEMENTAcknowledgment and Agreement • June 6th, 2017 • Determine, Inc. • Services-prepackaged software
This AMENDMENT TEN TO AMENDED AND RESTATED BUSINESS FINANCING AGREEMENT (this “Amendment”), dated as of June 1, 2017, is entered into by and among Western Alliance Bank, an Arizona corporation, as successor in interest to Bridge Bank, National Association (“Lender”), on the one hand, and Determine, Inc., a Delaware corporation, f/k/a Selectica, Inc. (“Determine”), and Determine Sourcing Inc., a Delaware corporation, f/k/a Selectica Sourcing Inc. (“Sourcing,” together with Determine, each a “Borrower,” and collectively “Borrowers”) on the other hand, with reference to the following facts:
GUARANTY FEE AGREEMENTGuaranty Fee Agreement • June 6th, 2017 • Determine, Inc. • Services-prepackaged software • New York
This Guaranty Fee Agreement (this “Agreement”), dated as of June 1, 2017 (the “Effective Date”), is entered into by and among each of Determine, Inc., a Delaware corporation (the “Company”), Lloyd I. Miller, III (“Mr. Miller”), MILFAM II L.P. (“MILFAM”) and Alimco Financial Corporation f/k/a Alliance Semiconductor Corporation (“ALIMCO” and, together with Mr. Miller and MILFAM, the “Guarantors”).
