1 EXHIBIT 10.6 ---------------------------------------------------------------- ---------------- COSINE COMMUNICATIONS, INC. THIRD AMENDED AND RESTATED INVESTORS' RIGHTS AGREEMENTRights Agreement • June 6th, 2000 • Cosine Communications Inc • Computer communications equipment • California
EXHIBIT 2.1 EXECUTION VERSION PURCHASE AGREEMENTPurchase Agreement • September 5th, 2006 • Hartmarx Corp/De • Apparel & other finishd prods of fabrics & similar matl • New York
Exhibit 10.11 SIXTH AMENDMENT TO FINANCING AGREEMENT This Sixth Amendment to Financing Agreement (this "Sixth Amendment") is entered into as of April 10, 2003 by and among FACTORY 2-U STORES, INC., a Delaware corporation ("Company"), THE CIT...Financing Agreement • May 2nd, 2003 • Factory 2 U Stores Inc • Retail-family clothing stores • California
SMALL BUSINESS LENDING FUND — SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • November 14th, 2011 • Oak Valley Bancorp • State commercial banks • New York
THIS SECURITIES PURCHASE AGREEMENT (the “Agreement”) is made as of the Effective Date set forth above (the “Signing Date”) between the Secretary of the Treasury (“Treasury”) and the Company named above (the “Company”), an entity existing under the laws of the Jurisdiction of Organization stated above in the Organizational Form stated above. The Company has elected to participate in Treasury’s Small Business Lending Fund program (“SBLF”). This Agreement contains the terms and conditions on which the Company intends to issue preferred stock to Treasury, which Treasury will purchase using SBLF funds.
REVOLVING CREDIT, TERM LOAN AND SECURITY AGREEMENT PNC BANK, NATIONAL ASSOCIATION (AS LENDER AND AS AGENT) WITH enservco corporation, dillco fluid service, inc. AND heat waves hot oil services llc (BORROWERS) November 2, 2012Security Agreement • November 8th, 2012 • Enservco Corp • Crude petroleum & natural gas • New York
Revolving Credit, Term Loan and Security Agreement dated as of November 2, 2012 among ENSERVCO CORPORATION, a Delaware corporation (“Enservco”), DILLCO FLUID SERVICE, INC., a Kansas corporation (“Dillco”), and HEAT WAVES HOT OIL SERVICES LLC, a Colorado limited liability company (“Heat Waves”) (Enservco, Dillco and Heat Waves, each, a “Borrower” and collectively, “Borrowers”), the financial institutions which are now or which hereafter become a party hereto (collectively, “Lenders” and individually, a “Lender”) and PNC BANK, NATIONAL ASSOCIATION (“PNC”), as agent for Lenders (PNC, in such capacity, “Agent”).
EMPLOYMENT AGREEMENTEmployment Agreement • March 9th, 2023 • Heritage Commerce Corp • State commercial banks • California
This Employment Agreement (the “Agreement”) is entered into by and between HERITAGE COMMERCE CORP, a California bank holding company (the “Company”), HERITAGE BANK OF COMMERCE, a California banking corporation (the “Bank”), and DEBBIE REUTER, an individual (the “Executive”) as of July 23, 2015 (the “Effective Date”).
EXCHANGE AGREEMENT by and between HERITAGE COMMERCE CORP and PATRIOT FINANCIAL PARTNERS, L.P. Dated as of September 12, 2016Exchange Agreement • September 13th, 2016 • Heritage Commerce Corp • State commercial banks • California
This EXCHANGE AGREEMENT is made and entered into as of, September 12, 2016 (this “Agreement”) by and between Heritage Commerce Corp, a California corporation (the “Company”), and Patriot Financial Partners, L.P., a Delaware limited liability partnership (the “Investor”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • June 22nd, 2010 • Heritage Commerce Corp • State commercial banks • California
CREDIT AGREEMENT by and among TRUEBLUE, INC. as Borrower, THE LENDERS THAT ARE SIGNATORIES HERETO as the Lenders, WELLS FARGO FOOTHILL, LLC as the Administrative Agent and the Syndication Agent BANK OF AMERICA, N.A. as the Documentation Agent and BANK...Credit Agreement • June 25th, 2009 • TrueBlue, Inc. • Services-help supply services • California
THIS CREDIT AGREEMENT (this “Agreement”), is entered into as of June 19, 2009, 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, LLC, a Delaware limited liability company, as the arranger and administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, “Agent”), and TRUEBLUE, INC., a Washington corporation (“Borrower”).
SUBSCRIPTION AGREEMENTSubscription Agreement • April 18th, 2011 • ARCA Biopharma, Inc. • In vitro & in vivo diagnostic substances • New York
This Subscription Agreement (this “Agreement”) is dated as of April 18, 2011 (the “Effective Date”), between ARCA biopharma, Inc., a Delaware corporation (the “Company”), and the purchaser identified on the signature page hereto (including its successors and assigns, the “Purchaser”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • October 9th, 2013 • Sysorex Global Holdings Corp. • Services-computer programming services • California
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made effective as of August 29, 2013, by and between Sysorex Global Holdings Corp., a Nevada corporation (the “Company”), and Bridge Bank, N.A., and its assignees (the “Holder” or “Purchasers”).
SETTLEMENT AGREEMENTSettlement Agreement • February 3rd, 2006
This Settlement Agreement is made and entered into this day of January, 2006, between ACC Capital Holdings Corporation (hereafter ACCCH), a Delaware corporation with its principal place of business in Orange County, California, and the following subsidiaries: Ameriquest Mortgage Company (hereafter “AMQ”), Town & Country Credit Corporation (hereafter “TCCC”), and AMC Mortgage Services, Inc. f/k/a Bedford Home Loans (hereafter “AMC”), and the successors, assigns, predecessors, and any future acquired or created corporations or other business entities of ACCCH, AMQ, TCCC or AMC, engaged in the Retail Based origination and funding of real estate secured, owner-occupied, residential mortgage loans, on the one hand, and the states, commonwealths and districts participating in this Settlement by and through the respective State Attorneys General, state Financial Regulators and California District Attorneys (hereafter collectively the “Settling States” and individually a “Settling State”), on
AGREEMENT AND PLAN OF MERGER among PHYSICIANS FORMULA HOLDINGS, INC., MARKWINS INTERNATIONAL CORPORATION, and MARKWINS MERGER SUB, INC. Dated as of September 26, 2012Agreement and Plan of Merger • September 27th, 2012 • Physicians Formula Holdings, Inc. • Perfumes, cosmetics & other toilet preparations • Delaware
THIS AGREEMENT AND PLAN OF MERGER, dated as of September 26, 2012 (this “Agreement”), is made and entered into by and among Physicians Formula Holdings, Inc., a Delaware corporation (the “Company”), Markwins International Corporation, a California corporation (“Parent”), and Markwins Merger Sub, Inc., a Delaware corporation and a wholly owned Subsidiary of Parent (“MergerSub”).
NOBLE MEDICAL TECHNOLOGIES, INC. SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • January 4th, 2011 • Noble Medical Technologies, Inc. • Electromedical & electrotherapeutic apparatus • New York
This Securities Purchase Agreement (the “Agreement”) is made as of December 29, 2010 by and between NOBLE MEDICAL TECHNOLOGIES, INC., a Delaware corporation (the “Company”) and EVAN AZRILIANT (“Purchaser”).
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 3rd, 2016 • A10 Networks, Inc. • Computer communications equipment • Delaware
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of November 1, 2016 (the “Effective Date”) between SILICON VALLEY BANK, a California banking corporation (“Bank”), and A10 NETWORKS, INC., a Delaware corporation (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
PURCHASE AND ASSUMPTION AGREEMENT dated as of APRIL 6, 2009 between WACHOVIA BANK, N.A. and HERITAGE BANK OF COMMERCEPurchase and Assumption Agreement • April 10th, 2009 • Heritage Commerce Corp • State commercial banks • Delaware
This PURCHASE AND ASSUMPTION AGREEMENT, dated as of April 6, 2009 (“Agreement”), between Wachovia Bank, N.A. (“Seller”) and Heritage Bank of Commerce (“Purchaser”). Wells Fargo & Company, a Delaware corporation and parent of Seller (“Parent”), is executing this Agreement solely for purposes of Section 12.6.
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • September 15th, 2011 • Loton, Corp • Services-computer programming, data processing, etc.
THIS SECURITIES PURCHASE AGREEMENT is entered into as of September 9, 2011 (this “Agreement”), by and between Alex Kuznetsov, an individual (the “Seller”), and Trinad Capital Master Fund Ltd., a Cayman Islands exempted company (the “Buyer”). Each party to this Agreement is referred to herein as a “Party,” and they are all referred to collectively as “Parties.”
VOTING AGREEMENTVoting Agreement • September 27th, 2012 • Physicians Formula Holdings, Inc. • Perfumes, cosmetics & other toilet preparations • Delaware
This VOTING AGREEMENT (this “Agreement”) is made and entered into as of September , 2012 between Markwins International Corporation, a California corporation (“Parent”), and Markwins Merger Sub, Inc., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), on the one hand, and the undersigned stockholder (“Stockholder”) of Physicians Formula Holdings, Inc., a Delaware corporation (the “Company”), on the other hand. Capitalized terms used and not otherwise defined herein shall have the respective meanings set forth in the Merger Agreement described below.
MULTIFAMILY NOTEMultifamily Note • May 5th, 2020
FOR VALUE RECEIVED, the undersigned (“Borrower”) promises to pay to the order of the CITY OF SAN JOSE, a municipal corporation and charter city of the State of California (“Governmental Lender”), the maximum principal sum of [ Dollars and No/100] ($[ ]), with interest on the unpaid principal balance from time to time outstanding at the annual rate as set forth on Schedule A.
ASSET PURCHASE AGREEMENT BETWEEN MOSELEY ASSOCIATES, INC., PROXIM CORPORATION, PROXIM WIRELESS NETWORKS, INC. and PROXIM INTERNATIONAL HOLDINGS, INC. June 10, 2005Asset Purchase Agreement • June 14th, 2005 • Proxim Corp • Communications equipment, nec • California
This Asset Purchase Agreement (this “Agreement”) is entered into as of June 10, 2005, between MOSELEY ASSOCIATES, INC., a California corporation (“Purchaser”) and PROXIM CORPORATION, a Delaware corporation (“Parent”), PROXIM WIRELESS NETWORKS, INC., a Delaware corporation (“PWC”), and PROXIM INTERNATIONAL HOLDINGS, INC., a Delaware corporation, (“PIH” and together with Parent and PWC, “Proxim” or “Sellers”).
AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT dated as of August 23, 2013 among HANSEN MEDICAL, INC., as Borrower, THE ENTITIES FROM TIME TO TIME PARTY HERETO, as Lenders, and WHITE OAK GLOBAL ADVISORS, LLC, as AgentLoan and Security Agreement • November 8th, 2013 • Hansen Medical Inc • Orthopedic, prosthetic & surgical appliances & supplies
THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of August 23, 2013 is entered into among WHITE OAK GLOBAL ADVISORS, LLC, a Delaware limited liability company with an office located at 88 Kearney Street, Fourth Floor, San Francisco, California 94108, as Agent, the Lenders listed on Schedule 1.1 hereof or otherwise a party hereto from time to time, including White Oak in its capacity as a Lender (each, a “Lender” and collectively, the “Lenders”), and HANSEN MEDICAL, INC., a Delaware corporation with offices located at 800 East Middlefield Road, Mountain View, CA 94043 (“Borrower”), with reference to the following facts:
1) THE BANKS AND FINANCIAL INSTITUTIONS NAMED HEREIN (as Lenders) (2) HALIFAX PLC (as Agent) (3) HALIFAX PLC (as Security Trustee) (4) SIERRA LEASING LIMITED (as Borrower) (5) AIRCRAFT SPC-9, INC. (as Parent) (6) INTERNATIONAL LEASE FINANCE...Aircraft Facility Agreement • March 19th, 1999 • International Lease Finance Corp • Services-equipment rental & leasing, nec
LOAN AND SECURITY AGREEMENT by and between PROXIM CORPORATION, PROXIM WIRELESS NETWORKS, INC., PROXIM INTERNATIONAL HOLDINGS, WIRELESSHOME CORPORATION and MOSELEY ASSOCIATES, INC. Dated as of June 10, 2005Loan and Security Agreement • June 14th, 2005 • Proxim Corp • Communications equipment, nec
This LOAN AND SECURITY AGREEMENT, is entered into as of June 10, 2005, by and among Moseley Associates, Inc., or its nominee or assignee (“Lender”), and Proxim Corporation, a Delaware corporation (“Parent”), Proxim Wireless Networks, Inc., a Delaware corporation (“PWC”), Proxim International Holdings, Inc., a Delaware corporation (“PIH”), and WirelessHome Corporation, a Delaware Corporation (“WHC” and together with Parent, PWC, and PIH, “Borrowers”), as debtors and debtors in possession. On June 10, 2005, Borrowers filed voluntary petitions under Chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”), Case Nos. .
THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 23rd, 2016 • AerCap Holdings N.V. • Services-equipment rental & leasing, nec • New York
THIRD AMENDMENT (this “Amendment”), dated as of May 6, 2015, between Flying Fortress Holdings, LLC, a Delaware limited liability company (the “Borrower”) (as successor to Flying Fortress, Inc., a California limited liability company), International Lease Finance Corporation, a California corporation (“ILFC”), Flying Fortress Financing LLC, a Delaware limited liability company (“Parent Holdco”), Flying Fortress US Leasing Inc., a California corporation (“CA Subsidiary Holdco”), Flying Fortress Ireland Leasing Limited, a private limited company incorporated under the laws of Ireland (“Irish Subsidiary Holdco”), AerCap Global Aviation Trust, a Delaware statutory trust (“Financing Trust”), AerCap U.S. Global Aviation LLC, a Delaware limited liability company (“USHoldco”), AerCap Holdings N.V., a public company with limited liability incorporated under the laws of The Netherlands (“AerCap”), AerCap Aviation Solutions B.V., a private company with limited liability incorporated organized unde
NON-COMPETE, NON-SOLICITATION AND CONFIDENTIALITY AGREEMENTNon-Solicitation and Confidentiality Agreement • June 22nd, 2007 • Heritage Commerce Corp • State commercial banks • California
THIS NON-COMPETE, NON-SOLICITATION AND CONFIDENTIALITY AGREEMENT (this “Agreement”) is entered into this 8th day of February, 2007, by and among Heritage Commerce Corp, a California Corporation (“Heritage”), Heritage Bank of Commerce, a California banking corporation (“HBC”) and James Mayer (“Shareholder”).
AMENDED AND RESTATED AGREEMENT AND PLAN OF MERGER BY AND AMONG TALEO CORPORATION, WYOMING ACQUISITION CORPORATION, WORLDWIDE COMPENSATION, INC., AND WITH RESPECT TO ARTICLES VII, VIII AND IX ONLY DENNIS M. ROHAN AS SHAREHOLDER REPRESENTATIVE AND AS...Agreement and Plan of Merger • September 18th, 2009 • Taleo Corp • Services-prepackaged software • California
THIS AMENDED AND RESTATED AGREEMENT AND PLAN OF MERGER (the “Agreement”) is made and entered into as of September 14, 2009 by and among Taleo Corporation, a Delaware corporation (“Parent”), Wyoming Acquisition Corporation, a California corporation and a wholly-owned subsidiary of Parent (“Sub”), Worldwide Compensation, Inc., a California corporation (the “Company”), and with respect to Article VII, Article VIII and Article IX hereof only, Dennis M. Rohan as shareholder representative (the “Shareholder Representative”), and U.S. Bank National Association as escrow agent.
AGREEMENT AND PLAN OF MERGER BY AND AMONG CRAY INC., ASTRO ACQUISITION CORP., APPRO INTERNATIONAL, INC. AND THE SHAREHOLDERS’ AGENT November 8, 2012Agreement and Plan of Merger • November 9th, 2012 • Cray Inc • Electronic computers • California
This AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of November 8, 2012 (the “Agreement Date”), by and among Cray Inc., a Washington corporation (“Acquiror”), Astro Acquisition Corp., a California corporation and wholly owned subsidiary of Acquiror (“Sub”), Appro International, Inc., a California corporation (the “Company”), and Geun-Bum (Daniel) Kim, as Shareholders’ Agent (as defined below).
LOAN AGREEMENT dated as of April 3, 2007 among THE CHEESECAKE FACTORY INCORPORATED, The Lenders Party Hereto and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION as Administrative Agent, BANK OF THE WEST, as Syndication Agent and BANK OF AMERICA, N.A., WELLS...Assignment and Assumption • April 27th, 2007 • Cheesecake Factory Inc • Retail-eating places • New York
LOAN AGREEMENT dated as of April 3, 2007, among THE CHEESECAKE FACTORY INCORPORATED, the LENDERS party hereto, and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as Administrative Agent.
INTERCREDITOR AGREEMENTIntercreditor Agreement • August 13th, 2013 • Isc8 Inc. /De • Semiconductors & related devices • California
THIS INTERCREDITOR AGREEMENT (this “Agreement”), dated as of August 7, 2013, by and among ISC8 Inc., a Delaware corporation (the “Company”), The Griffin Fund, LP (“Griffin Fund”), John Krieger (“Krieger”), Diamond Millennium, Limited (“Diamond”), Paragold, LP (“Paragold”), Mr. Simon Williams (“Williams”), and Fundamental Capital Management (“FCM”). Capitalized terms used herein have the meanings assigned to them in Section 1, below.
AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT by and among GROCERS CAPITAL COMPANY as Borrower, THE LENDERS THAT ARE SIGNATORIES HERETO as the Lenders, and CALIFORNIA BANK & TRUST as the Arranger and Administrative Agent Dated as of September 26, 2014Loan and Security Agreement • October 2nd, 2014 • Unified Grocers, Inc. • Wholesale-groceries, general line • California
THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”), is entered into as of September 26, 2014 between and among, on the one hand, the lenders identified on the signature pages hereof (such lenders, together with their respective successors and assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), CALIFORNIA BANK & TRUST, as the arranger and administrative agent for the Lenders (“Agent”), and, on the other hand, GROCERS CAPITAL COMPANY, a California corporation (together with its successors and permitted assigns, “Borrower”).
SETTLEMENT AGREEMENTSettlement Agreement • May 10th, 2019 • California
SECOND AMENDMENT TO TERM LOAN CREDIT AGREEMENTTerm Loan Credit Agreement • March 23rd, 2016 • AerCap Holdings N.V. • Services-equipment rental & leasing, nec • New York
SECOND AMENDMENT (this “Amendment”), dated as of March 31, 2015, among Temescal Aircraft LLC, a Delaware limited liability company (as successor to Temescal Aircraft Inc., a California corporation) (the “Borrower”), AerCap Global Aviation Trust, a Delaware statutory trust (“Financing Trust”), Park Topanga Aircraft LLC, a Delaware limited liability company (as successor to Park Topanga Aircraft Inc., a California corporation) (“Parent Holdco”), Charmlee Aircraft Inc., a California corporation (“CA Subsidiary Holdco”), Ballysky Aircraft Ireland Limited, a private limited liability company incorporated under the laws of Ireland (“Irish Subsidiary Holdco”), AerCap U.S. Global Aviation LLC, a Delaware limited liability company (“USHoldco”), AerCap Holdings N.V., a public company with limited liability incorporated under the laws of The Netherlands (“AerCap”), AerCap Aviation Solutions B.V., a private company with limited liability incorporated organized under the laws of The Netherlands (“A
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • September 2nd, 2010 • Heritage Commerce Corp • State commercial banks • California
Commission that such Registration Statement will not be “reviewed” or will not be subject to further review; provided, that if the Effectiveness Deadline falls on a Saturday, Sunday or other day that the Commission is closed for business, the Effectiveness Deadline shall be extended to the next Business Day on which the Commission is open for business.
RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO:September 15th, 2014
THIRD AMENDMENT TO TERM LOAN CREDIT AGREEMENTTerm Loan Credit Agreement • March 20th, 2017 • AerCap Holdings N.V. • Services-equipment rental & leasing, nec • New York
THIRD AMENDMENT (this “Amendment”), dated as of February 9, 2017, among Temescal Aircraft LLC, a Delaware limited liability company (as successor to Temescal Aircraft Inc., a California corporation) (the “Borrower”), AerCap Global Aviation Trust, a Delaware statutory trust (“Financing Trust”), Park Topanga Aircraft LLC, a Delaware limited liability company (as successor to Park Topanga Aircraft Inc., a California corporation) (“Parent Holdco”), Charmlee Aircraft Inc., a California corporation (“CA Subsidiary Holdco”), Ballysky Aircraft Ireland Limited, a private company limited by shares incorporated under the laws of Ireland (“Irish Subsidiary Holdco”), AerCap U.S. Global Aviation LLC, a Delaware limited liability company (“USHoldco”), AerCap Holdings N.V., a public company with limited liability incorporated under the laws of The Netherlands (“AerCap”), AerCap Aviation Solutions B.V., a private company with limited liability incorporated organized under the laws of The Netherlands (“
