Business Financing Agreement Sample Contracts

Amendment Number Eleven to Amended and Restated Business Financing Agreement (June 20th, 2018)

This AMENDMENT ELEVEN TO AMENDED AND RESTATED BUSINESS FINANCING AGREEMENT (this "Amendment"), dated as of June 14, 2018, 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:

Amendment Number One to Business Financing Agreement (June 7th, 2018)

This AMENDMENT NUMBER ONE TO BUSINESS FINANCING AGREEMENT (this "Amendment"), dated as of June 1, 2018, is entered into by and between WESTERN ALLIANCE BANK, an Arizona corporation ("Lender"), and CAPSTONE TURBINE CORPORATION, a Delaware corporation ("Borrower"), with reference to the following facts:

Eplus Inc. – Amendment #6 to Amended and Restated Business Financing Agreement (May 25th, 2018)

This Amendment #6 to Amended and Restated Business Financing Agreement ("Amendment") is entered into on February 15, 2018, by and among ePlus Technology, inc. ("Technology") and ePlus Technology Services, inc. ("Services"; and together with Technology, each sometimes referred to as a "Dealer," and sometimes referred to collectively, jointly and severally, as "Dealer") and Wells Fargo Commercial Distribution Finance, LLC ("CDF") and is to that certain Amended and Restated Business Financing Agreement dated July 23, 2012, by and between Dealer and CDF (as the same has been amended by that certain Amendment #1 to Amended and Restated Business Financing Agreement dated July 31, 2014, that certain Amendment #2 to Amended and Restated Business Financing Agreement dated July 24, 2015, that certain Amendment #3 to Amended and Restated Business Financing Agreement dated October 20, 2015, that certain Amendment #4 to Amended and Restated Business Financing Agreement dated July 28, 2016, and that

Business Financing Agreement (March 14th, 2018)

This BUSINESS FINANCING AGREEMENT, dated as of March 6, 2018 (the "Closing Date"), is made and entered into between WESTERN ALLIANCE BANK, an Arizona corporation ("Lender") and BIOLASE, INC., a Delaware corporation ("Parent"), BL Acquisition Corp., a Delaware corporation ("BL Acquisition"), and BL Acquisition II Inc., a Delaware corporation ("BL Acquisition II", and together with Parent and BL Acquisition, individually and collectively, jointly and severally, "Borrower"), on the following terms and conditions:

Astea International, Inc. – Business Financing Agreement (August 14th, 2017)
Glowpoint Inc – Business Financing Agreement (August 1st, 2017)

This BUSINESS FINANCING AGREEMENT, dated as of July 31, 2017 (the "Closing Date"), is made and entered into between WESTERN ALLIANCE BANK, AN ARIZONA CORPORATION ("Lender"), GLOWPOINT, INC., a Delaware corporation ("Glowpoint"), and GP COMMUNICATIONS, LLC, a Delaware limited liability company ("GP Communications" and together with Glowpoint, individually and collectively, jointly and severally, "Borrower") on the following terms and conditions:

Business Financing Agreement (June 7th, 2017)
Amendment Number Ten to Amended and Restated Business Financing Agreement (June 6th, 2017)

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:

Business Financing Agreement (May 24th, 2017)

This BUSINESS FINANCING AGREEMENT, dated as of May 23, 2017, is made and entered into between WESTERN ALLIANCE BANK, an Arizona corporation ("Lender"), on the one hand, and DIGITAL TURBINE, INC., a Delaware corporation ("Parent"), DIGITAL TURBINE USA, INC., a Delaware corporation ("USA"), and DIGITAL TURBINE MEDIA, INC., a Delaware corporation ("Media") (Parent, USA, and Media are sometimes collectively referred to herein as "Borrowers" and each individually as a "Borrower"), on the other hand, on the following terms and conditions:

Business Financing Agreement (March 16th, 2017)

This BUSINESS FINANCING AGREEMENT, dated as of November 4, 2016, is made and entered into between WESTERN ALLIANCE BANK, an Arizona corporation ("Lender") and CHROMADEX CORPORATION, a Delaware corporation, CHROMADEX, INC., a California corporation, CHROMADEX ANALYTICS, INC., a Nevada corporation and SPHERIX CONSULTING, INC., a Delaware corporation (each, a "Borrower" and collectively, "Borrowers") on the following terms and conditions:

Amendment Number Nine to Amended and Restated Business Financing Agreement (January 27th, 2017)

This AMENDMENT NUMBER NINE TO AMENDED AND RESTATED BUSINESS FINANCING AGREEMENT (this "Amendment"), dated as of January 23, 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:

ADESTO TECHNOLOGIES Corp – Business Financing Agreement (November 14th, 2016)

This BUSINESS FINANCING AGREEMENT, dated as of July 7, 2016, is made and entered into between WESTERN ALLIANCE BANK, AN ARIZONA CORPORATION ("Lender") and ADESTO TECHNOLOGIES CORPORATION, a Delaware corporation ("Borrower") on the following terms and conditions:

Sysorex Global Holdings Corp. – Amendment Number Seven to Business Financing Agreement, Waiver of Defaults, and Consent (August 10th, 2016)

This AMENDMENT NUMBER SEVEN TO BUSINESS FINANCING AGREEMENT, WAIVER OF DEFAULTS, AND CONSENT (this "Amendment"), dated as of August 5, 2016, 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 SYSOREX USA, a California corporation ("Sysorex"), SYSOREX GOVERNMENT SERVICES, INC., a Virginia corporation ("SGSI"), and SYSOREX GLOBAL, a Nevada corporation ("Parent"), (Sysorex, SGSI, and Parent are sometimes collectively referred to herein as "Borrowers" and each individually as a "Borrower"), on the other hand, with reference to the following facts:

Eplus Inc. – Amendment #4 to Amended and Restated Business Financing Agreement (August 1st, 2016)

This Amendment #4 to Amended and Restated Business Financing Agreement ("Amendment") is entered into on July 28, 2016, by and among ePlus Technology, inc. ("Technology") and ePlus Technology Services, inc. ("Services"; and together with Technology, each sometimes referred to as a "Dealer," and sometimes referred to collectively, jointly and severally, as "Dealer") and Wells Fargo Commercial Distribution Finance, LLC (f/k/a GE Commercial Distribution Finance LLC) ("CDF") and is to that certain Amended and Restated Business Financing Agreement dated July 23, 2012, by and between Dealer and CDF (as the same has been amended by that certain Amendment #1 to Amended and Restated Business Financing Agreement dated July 31, 2014, that certain Amendment #2 to Amended and Restated Business Financing Agreement dated July 24, 2015 and that certain Amendment #3 to Amended and Restated Business Financing Agreement dated October 20, 2015, and as further amended, restated, amended and restated, modifi

Sysorex Global Holdings Corp. – Amendment Number Six to Business Financing Agreement and Forbearance Agreement (June 9th, 2016)

This AMENDMENT NUMBER SIX TO BUSINESS FINANCING AGREEMENT AND FORBEARANCE AGREEMENT (this "Amendment"), dated as of June 3, 2016, 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 SYSOREX USA, a California corporation ("Sysorex"), SYSOREX GOVERNMENT SERVICES, INC., a Virginia corporation ("SGSI"), and SYSOREX GLOBAL, a Nevada corporation ("Parent"), (Sysorex, SGSI, and Parent are sometimes collectively referred to herein as "Borrowers" and each individually as a "Borrower"), on the other hand, with reference to the following facts:

Amendment Number Seven to Amended and Restated Business Financing Agreement (April 26th, 2016)

This AMENDMENT NUMBER SEVEN TO AMENDED AND RESTATED BUSINESS FINANCING AGREEMENT (this "Amendment"), dated as of April 20, 2016, 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:

Amendment Number Six to Amended and Restated Business Financing Agreement (March 23rd, 2016)

This AMENDMENT NUMBER SIX TO AMENDED AND RESTATED BUSINESS FINANCING AGREEMENT (this "Amendment"), dated as of March 18, 2016, 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:

Amendment Number Five to Amended and Restated Business Financing Agreement (February 8th, 2016)

This AMENDMENT NUMBER FIVE TO AMENDED AND RESTATED BUSINESS FINANCING AGREEMENT (this "Amendment"), dated as of February 3, 2016, 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:

Amendment Number Four to Amended and Restated Business Financing Agreement and Waiver of Defaults (November 16th, 2015)

This AMENDMENT NUMBER FOUR TO AMENDED AND RESTATED BUSINESS FINANCING AGREEMENT AND WAIVER OF DEFAULTS (this "Amendment"), dated as of November 13, 2015, 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 Selectica Sourcing Inc., a Delaware corporation ("Sourcing," together with Determine, each a "Borrower," and collectively "Borrowers") on the other hand, with reference to the following facts:

Eplus Inc. – Amendment #3 to Amended and Restated Business Financing Agreement (November 5th, 2015)

This Amendment #3 to Amended and Restated Business Financing Agreement ("Amendment") is entered into by and among ePlus Technology, inc. ("Technology") and ePlus Technology Services, inc. ("Services"; and together with Technology, each sometimes referred to as a "Dealer", and sometimes referred to collectively, jointly and severally, as "Dealer") and GE Commercial Distribution Finance LLC (f/k/a GE Commercial Distribution Finance Corporation) ("CDF") and is to that certain Amended and Restated Business Financing Agreement dated July 23, 2012, by and between Technology and CDF (as the same has been amended, restated, amended and restated, modified, extended, renewed substituted, and/or supplemented, the "Agreement"). All terms which are not defined herein shall have the same meaning in this Amendment as in the Agreement.

Sysorex Global Holdings Corp. – Amendment Number Five to Business Financing Agreement (October 13th, 2015)

This AMENDMENT NUMBER FIVE TO BUSINESS FINANCING AGREEMENT (this "Amendment"), dated as of October 7, 2015, 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 LILIEN SYSTEMS, a California corporation ("Lilien"), SYSOREX GOVERNMENT SERVICES, INC., a Virginia corporation ("SGSI"), SYSOREX FEDERAL, INC., a Delaware corporation ("SFI"), SYSOREX GLOBAL HOLDINGS CORP., a Nevada corporation ("Parent"), SHOOM, INC., a California corporation ("Shoom"), and AIRPATROL CORPORATION, a Nevada corporation ("Air Patrol") (Lilien, SGSI, SFI, Parent, Shoom, and Air Patrol are sometimes collectively referred to herein as "Borrowers" and each individually as a "Borrower"), on the other hand, with reference to the following facts:

Eplus Inc. – Amendment #2 to Amended and Restated Business Financing Agreement (July 30th, 2015)

This Amendment is entered into by and between ePlus Technology, inc. ("Dealer") and GE Commercial Distribution Finance Corporation ("CDF") and is to that certain Amended and Restated Business Financing Agreement dated July 23, 2012, as amended ("Agreement"). All terms which are not defined herein shall have the same meaning in this Amendment as in the Agreement.

Sysorex Global Holdings Corp. – Amendment Number Four to Business Financing Agreement (May 7th, 2015)

This AMENDMENT NUMBER FOUR TO BUSINESS FINANCING AGREEMENT (this "Amendment"), dated and effective as of April 29, 2015, is entered into by and among BRIDGE BANK, NATIONAL ASSOCIATION ("Lender"), on the one hand, and LILIEN SYSTEMS, a California corporation ("Lilien"), SYSOREX GOVERNMENT SERVICES, INC., a Virginia corporation ("SGSI"), SYSOREX FEDERAL, INC., a Delaware corporation ("SFI"), SYSOREX GLOBAL HOLDINGS CORP., a Nevada corporation ("Parent"), SHOOM, INC., a California corporation ("Shoom"), and AIRPATROL CORPORATION, a Nevada corporation ("Air Patrol") (Lilien, SGSI, SFI, Parent, Shoom, and Air Patrol are sometimes collectively referred to herein as "Borrowers" and each individually as a "Borrower"), on the other hand, with reference to the following facts:

Sysorex Global Holdings Corp. – Amendment Number Three to Business Financing Agreement and Waiver of Defaults (March 27th, 2015)

This AMENDMENT NUMBER THREE TO BUSINESS FINANCING AGREEMENT AND WAIVER OF DEFAULTS (this "Amendment"), dated and effective as of December 31, 2014, is entered into by and among BRIDGE BANK, NATIONAL ASSOCIATION ("Lender"), on the one hand, and LILIEN SYSTEMS, a California corporation ("Lilien"), and SYSOREX GOVERNMENT SERVICES, INC., a Virginia corporation ("SGSI") (Lilien and SGSI are sometimes collectively referred to herein as "Borrowers" and each individually as a "Borrower"), on the other hand, with reference to the following facts:

Amended and Restated Business Financing Agreement (March 16th, 2015)

This BUSINESS FINANCING AGREEMENT, dated as of July 25, 2014, is made and entered into between BRIDGE BANK, NATIONAL ASSOCIATION ("Lender"), on the one hand, and SELECTICA, INC., a Delaware corporation ("Parent"), and SELECTICA SOURCING INC., a Delaware corporation ("Sourcing") (Parent and Sourcing are sometimes collectively referred to herein as "Borrowers" and each individually as a "Borrower"), on the other hand, with reference to the following facts:

Amendment Number One to Amended and Restated Business Financing Agreement and Waiver of Defaults (February 13th, 2015)

This AMENDMENT NUMBER ONE TO AMENDED AND RESTATED BUSINESS FINANCING AGREEMENT AND WAIVER OF DEFAULTS (this "Amendment"), dated as of December 31, 2014, is entered into by and among Bridge Bank, National Association ("Lender"), on the one hand, and Selectica, Inc., a Delaware corporation ("Selectica"), and Selectica Sourcing Inc., a Delaware corporation ("Sourcing," together with Selectica, each a "Borrower," and collectively "Borrowers") on the other hand, with reference to the following facts:

Eplus Inc. – Amendment #1 to Amended and Restated Business Financing Agreement (November 6th, 2014)

This Amendment is entered into by and between ePlus Technology, inc. ("Dealer") and GE Commercial Distribution Finance Corporation ("CDF") and is to that certain Amended and Restated Business Financing Agreement dated July 23, 2012, as amended ("Agreement"). All terms defined in the Agreement which are not defined herein shall have the same meaning in this Amendment as in the Agreement.

Sysorex Global Holdings Corp. – Amendment Number Two to Business Financing Agreement, Waiver and Consent (May 15th, 2014)

This AMENDMENT NUMBER TWO TO BUSINESS FINANCING AGREEMENT, WAIVER AND CONSENT (this "Amendment"), dated as of May 13, 2014 to be effective as of April 16, 2014, is entered into by and among BRIDGE BANK, NATIONAL ASSOCIATION ("Lender"), on the one hand, and LILIEN SYSTEMS, a California corporation ("Lilien"), and SYSOREX GOVERNMENT SERVICES, INC., a Virginia corporation ("SGSI") (Lilien and SGSI are sometimes collectively referred to herein as "Borrowers" and each individually as a "Borrower"), on the other hand, with reference to the following facts:

Amendment Number One to Business Financing Agreement (May 5th, 2014)

This AMENDMENT NUMBER ONE TO BUSINESS FINANCING AGREEMENT (this Amendment), dated as of February 21, 2014, is entered into by and between BRIDGE BANK, NATIONAL ASSOCIATION (Lender), and E2OPEN, INC., a Delaware corporation (Borrower), with reference to the following facts:

Socket Mobile – Business Financing Agreement (March 7th, 2014)
Business Financing Agreement (February 12th, 2014)

This BUSINESS FINANCING AGREEMENT, dated as of September 27, 2010 is made and entered into between BRIDGE BANK, NATIONAL ASSOCIATION (Lender) and RIMINI STREET, INC., a Nevada corporation (Borrower) on the following terms and conditions:

Amended and Restated Business Financing Agreement (November 6th, 2013)

This Amended and Restated BUSINESS FINANCING AGREEMENT, dated as of November 4, 2013, is made and entered into between BRIDGE BANK, NATIONAL ASSOCIATION ("Lender") and TranSwitch Corporation, a Delaware corporation ("Borrower") on the following terms and conditions:

Business Financing Agreement (October 10th, 2013)

This BUSINESS FINANCING AGREEMENT, dated as of October 7, 2013, is made and entered into between BRIDGE BANK, NATIONAL ASSOCIATION (Lender), and E2OPEN, INC., a Delaware corporation (Borrower), on the following terms and conditions:

Sysorex Global Holdings Corp. – Amendment Number One to Business Financing Agreement, Waiver of Defaults and Consent (October 9th, 2013)

This AMENDMENT NUMBER ONE TO BUSINESS FINANCING AGREEMENT, WAIVER OF DEFAULTS AND CONSENT (this "Amendment"), dated as of August 29, 2013, is entered into by and among BRIDGE BANK, NATIONAL ASSOCIATION ("Lender"), on the one hand, and LILIEN SYSTEMS, a California corporation ("Lilien"), and SYSOREX GOVERNMENT SERVICES, INC., a Virginia corporation ("SGSI") (Lilien and SGSI are sometimes collectively referred to herein as "Borrowers" and each individually as a "Borrower"), on the other hand, with reference to the following facts:

Sysorex Global Holdings Corp. – Business Financing Agreement (August 12th, 2013)

This BUSINESS FINANCING AGREEMENT, dated as of March 15,2013, is made and entered into between BRIDGE BANK, NATIONAL ASSOCIATION (Lender), on the one hand, and LILIEN SYSTEMS, a California corporation (Lilien), and SYSOREX GOVERNMENT SERVICES, INC., a Virginia corporation (SGSI) (Lilien and SGSI are sometimes collectively referred to herein as Borrowers and each individually as a Borrower), on the other hand, on the following terms and conditions: