Fifth Loan Modification Agreement Sample Contracts

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Merchants Bancorp – Fifth Loan Modification Agreement (September 25th, 2017)

This Fifth Loan Modification Agreement (Agreement) is made this 25th day of May, 2016 to be effective as of June 3, 2016 and is entered into at Indianapolis, Indiana, by and among The Huntington National Bank, a national banking association (Lender), with a principal mailing address of 45 North Pennsylvania Street, Suite 200, Indianapolis, Indiana 46204; Merchants Bancorp, an Indiana corporation (Borrower), with a principal mailing address of 11711 North Meridian Street, Suite 528, Carmel, Indiana 46032; and Providence Bank, a Missouri state banking corporation (Participating Lender), with a principal mailing address of 815 West Stadium Boulevard, Jefferson City, Missouri 65109.

Merchants Bancorp – Fifth Loan Modification Agreement (July 27th, 2017)

This Fifth Loan Modification Agreement (Agreement) is made this 25th day of May, 2016 to be effective as of June 3, 2016 and is entered into at Indianapolis, Indiana, by and among The Huntington National Bank, a national banking association (Lender), with a principal mailing address of 45 North Pennsylvania Street, Suite 200, Indianapolis, Indiana 46204; Merchants Bancorp, an Indiana corporation (Borrower), with a principal mailing address of 11711 North Meridian Street, Suite 528, Carmel, Indiana 46032; and Providence Bank, a Missouri state banking corporation (Participating Lender), with a principal mailing address of 815 West Stadium Boulevard, Jefferson City, Missouri 65109.

Fifth Loan Modification Agreement (May 10th, 2017)

This Fifth Loan Modification Agreement (this "Loan Modification Agreement") is entered into as of March 29, 2017, by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 8705 SW Nimbus, Suite 240, Beaverton, Oregon 97008 ("Bank") and JIVE SOFTWARE, INC., a Delaware corporation, with its principal place of business at 915 SW Stark Street, Suite 400, Portland, Oregon 97205 ("Borrower").

Fifth Loan Modification Agreement (December 29th, 2015)

This Fifth Loan Modification Agreement (this "Loan Modification Agreement") is entered into as of December 29, 2015, effective as of December 21, 2015, by and between (i) SILICON VALLEY BANK, a California corporation with a loan production office located at One Tower Bridge, 100 Front Street, Suite 1340, West Conshohocken, Pennsylvania 19428 ("Bank"), (ii) SAFEGUARD SCIENTIFICS, INC., a Pennsylvania corporation ("SFE"), with offices located at 170 North Radnor-Chester Road, Suite 200, Radnor, Pennsylvania 19087, SAFEGUARD DELAWARE, INC., a Delaware corporation ("SDI"), SAFEGUARD SCIENTIFICS (DELAWARE), INC., a Delaware corporation ("SSI"), and SAFEGUARD DELAWARE II, INC., a Delaware corporation ("SDII", and together with SFE, SDI, and SSI, individually and collectively, jointly and severally, the "Borrower"), each with offices located at 1105 N. Market St., Suite 1300, Wilmington, DE 19801.

Fifth Loan Modification Agreement (July 7th, 2015)

This Fifth Loan Modification Agreement (this Loan Modification Agreement) is entered into as of January 9, 2015, by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 275 Grove Street, Suite 2-200, Newton, Massachusetts 02466 (Bank) and AEGERION PHARMACEUTICALS, INC., a Delaware corporation with its chief executive office located at One Main Street, 8th Floor, Cambridge, Massachusetts 02142 (Borrower).

Verisilicon Holdings Co Ltd – Fifth Loan Modification Agreement (May 19th, 2015)

This Fifth Loan Modification Agreement (Agreement) is made as of March 14, 2012, by and among CATHAY BANK (Bank), VERISILICON, INC. (Company), VERISILICON HOLDINGS CO., LTD, formerly known as VERISILICON HOLDINGS (Cayman Islands) Co., Ltd. (Parent) and VERISILICON (HONG KONG) LIMITED (Hong Kong and together with Company and Parent, the Borrowers and each a Borrower).

Fifth Loan Modification Agreement (May 8th, 2015)

This Fifth Loan Modification Agreement (this Loan Modification Agreement) is entered into as of February 19, 2015, by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 275 Grove Street, Suite 2-200, Newton, Massachusetts 02466 (Bank) and IMPRIVATA, INC., a Delaware corporation, with its chief executive office located at 10 Maguire Road, Lexington, Massachusetts 02421 (Borrower).

This Exhibit Has Been Redacted and Is the Subject of a Confidential Treatment Request. Redacted Material Is Marked With [*] and Has Been Filed Separately With the Securities and Exchange Commission. Fifth Loan Modification Agreement (March 2nd, 2015)

This Fifth Loan Modification Agreement (this Loan Modification Agreement) is entered into as of January 9, 2015, by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 275 Grove Street, Suite 2-200, Newton, Massachusetts 02466 (Bank) and AEGERION PHARMACEUTICALS, INC., a Delaware corporation with its chief executive office located at One Main Street, 8th Floor, Cambridge, Massachusetts 02142 (Borrower).

Consent, Release and Fifth Loan Modification Agreement (May 13th, 2014)

This Consent, Release and Fifth Loan Modification Agreement (this "Loan Modification Agreement") is entered into as of January 21, 2014, by and between (i) SILICON VALLEY BANK, a California corporation with a loan production office located at 8020 Towers Crescent Drive, Suite 475, Vienna, Virginia 22182 ("Bank"), and (ii) LUNA INNOVATIONS INCORPORATED, a Delaware corporation ("Innovations") and LUNA TECHNOLOGIES, INC., a Delaware corporation ("Technologies"), each with offices located at 1 Riverside Circle, Suite 400, Roanoke, Virginia 24016 (Innovations and Technologies are referred to herein, individually and collectively, jointly and severally, the "Borrower").

Everyday Health, Inc. – Fifth Loan Modification Agreement (February 24th, 2014)

This Fifth Loan Modification Agreement (this "Loan Modification Agreement") is entered into as of September 23, 2013, by and among (a) SILICON VALLEY BANK, a California corporation ("Bank"), with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 with a loan production office located at 505 Fifth Avenue, 11th Floor, New York, New York 10017, and (b) EVERYDAY HEALTH, INC., a Delaware corporation ("Everyday Health"), with its principal place of business at 345 Hudson Street, 16th Floor, New York, New York 10014, EVERYDAY HEALTH MEDIA, LLC, a Delaware limited liability company ("Media"), with its principal place of business at 345 Hudson Street, 16th Floor, New York, New York 10014 and MEDPAGE TODAY, L.L.C., a New Jersey limited liability company ("MedPage"), with its principal place of business at 345 Hudson Street, 16th Floor, New York, New York 10014 (Everyday Health, Media and MedPage are hereinafter jointly and severally, individually and collectively

Real Goods Solar – Fifth Loan Modification Agreement (November 5th, 2013)

This Fifth Loan Modification Agreement (this Loan Modification Agreement) is entered into as of November 5, 2013 (the Fifth Loan Modification Effective Date), by and among (i) SILICON VALLEY BANK, a California corporation with a loan production office located at 555 Mission St., Suite 900, San Francisco, California 94105 (Bank), and (ii) REAL GOODS ENERGY TECH, INC., a Colorado corporation (Real Goods Energy), REAL GOODS TRADING CORPORATION, a California corporation (Real Goods Trading), ALTERIS RENEWABLES, INC., a Delaware corporation (Alteris) and REAL GOODS SYNDICATED, INC., a Delaware corporation (Syndicated, and together with Real Goods Energy, Real Goods Trading and Alteris, individually and collectively, jointly and severally, the Borrower).

Fifth Loan Modification Agreement (August 13th, 2013)

This Fifth Loan Modification Agreement (this "Loan Modification Agreement") is entered into as of June 12, 2013, by and among (a) SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 275 Grove Street, Suite 2-200, Newton, Massachusetts 02466 ("Bank") and (b) SPIRE CORPORATION, a Massachusetts corporation, with its principal place of business at One Patriots Park, Bedford, Massachusetts 01730 ("Spire Corporation"), SPIRE SOLAR, INC., a Massachusetts corporation, with its principal place of business at One Patriots Park, Bedford, Massachusetts 01730 ("Spire Solar"), and SPIRE BIOMEDICAL, INC., a Massachusetts corporation, with its principal place of business at One Patriots Park, Bedford, Massachusetts 01730 ("Spire Biomedical"), (Spire Corporation, Spire Solar and Spire Biomedical are jointly and severally, individually and collectively, "Borrower").

Fifth Loan Modification Agreement (August 13th, 2013)

This Fifth Loan Modification Agreement (this "Loan Modification Agreement") is entered into as of June 12, 2013, by and among (a) SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 275 Grove Street, Suite 2-200, Newton, Massachusetts 02466 ("Bank") and (b) SPIRE CORPORATION, a Massachusetts corporation, with its principal place of business at One Patriots Park, Bedford, Massachusetts 01730 ("Spire Corporation"), SPIRE SOLAR, INC., a Massachusetts corporation, with its principal place of business at One Patriots Park, Bedford, Massachusetts 01730 ("Spire Solar"), and SPIRE BIOMEDICAL, INC., a Massachusetts corporation, with its principal place of business at One Patriots Park, Bedford, Massachusetts 01730 ("Spire Biomedical") (Spire Corporation, Spire Solar and Spire Biomedical are jointly and severally, individually and collectively, "Borrower").

Export-Import Bank Fifth Loan Modification Agreement (July 1st, 2013)

This Export-Import Bank Fifth Loan Modification Agreement (this EXIM Loan Modification Agreement) is entered into as of June 28, 2013 (the Fifth Loan Modification Effective Date (EXIM)), by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 380 Interlocken Crescent, Suite 600, Broomfield, Colorado 80021(Bank), STEREOTAXIS, INC., a Delaware corporation (Stereotaxis), and STEREOTAXIS INTERNATIONAL, INC., a Delaware corporation (International, and together with Stereotaxis, individually and collectively, jointly and severally, Borrower), each with offices located at 4320 Forest Park Avenue, Suite 100, St. Louis, Missouri 63108.

Fifth Loan Modification Agreement (Domestic) (April 1st, 2013)

This Fifth Loan Modification Agreement (Domestic) (this Loan Modification Agreement) is entered into as of March 29, 2013 (the Fifth Loan Modification (Domestic) Effective Date), by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 380 Interlocken Crescent, Suite 600, Broomfield, Colorado 80021 (Bank), STEREOTAXIS, INC., a Delaware corporation (Stereotaxis), and STEREOTAXIS INTERNATIONAL, INC., a Delaware corporation, each with offices located at 4320 Forest Park Avenue, Suite 100, St. Louis, Missouri 63108 (International, and together with Stereotaxis, individually and collectively, jointly and severally, Borrower).

Atricure – Joinder and Fifth Loan Modification Agreement (January 31st, 2013)

This Joinder and Fifth Loan Modification Agreement (this Loan Modification Agreement) is entered into and effective as of January 30, 2013 (the Fifth Loan Modification Effective Date), by and between (i) SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 380 Interlocken Crescent, Suite 600, Broomfield, Colorado 80021 (Bank), (ii) ATRICURE, INC., a Delaware corporation with its chief executive office located at 6217 Centre Park Drive, West Chester, Ohio 45069 (Borrower), and (iii) ATRICURE, LLC, a Delaware limited liability company (New Borrower).

Fifth Loan Modification Agreement (August 31st, 2012)

THIS FIFTH LOAN MODIFICATION AGREEMENT, is made as of the 31st day of August, 2012, by and between OPTICAL CABLE CORPORATION, a Virginia corporation (the Borrower), for itself and as successor by merger to Superior Modular Products Incorporated, formerly a Delaware corporation and VALLEY BANK, a Virginia banking corporation, its affiliates and their successors and assigns (the Bank).

Fifth Loan Modification Agreement (January 4th, 2012)

This Fifth Loan Modification Agreement (this "Loan Modification Agreement") is entered into as of December 28, 2011, but is effective as of December 31, 2011, by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 505 Fifth Avenue, 11th Floor, New York, New York 10017 ("Bank") and CHYRON CORPORATION, a New York corporation with its chief executive office located at 5 Hub Drive, Melville, New York 11747 ("Borrower").

Trustwave Holdings, Inc. – Waiver and Fifth Loan Modification Agreement (April 21st, 2011)

This Waiver and Fifth Loan Modification Agreement (this Loan Modification Agreement) is entered into as of August __, 2010, by and among SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 380 Interlocken Crescent, Suite 600, Broomfield, Colorado 80021 (Bank), TRUSTWAVE HOLDINGS, INC., a Delaware corporation (Holdings), TRUSTWAVE INTERMEDIATE, INC., a Delaware corporation (Intermediate), and TW VERICEPT CORPORATION, a Delaware corporation (formerly known as TrustWave Acquisition, Inc., Vericept and individually and collectively, jointly and severally, with Holdings, and Intermediate, Existing Borrower).

Fifth Loan Modification Agreement (November 10th, 2010)

This Fifth Loan Modification Agreement (this Loan Modification Agreement) is entered into as of September 24 2010, by and among (a) SILICON VALLEY BANK, a California corporation, with its principal place of business as 3003 Tasman Drive, Santa Clara, California 95054 (SVB), as agent (Agent), and the other Lenders that are now or hereafter become a Lender under the Loan Agreement (as hereinafter defined), including without limitation, SVB and GOLD HILL VENTURE LENDING 03, L.P. (Gold Hill) and (b) A123 SYSTEMS, INC., a Delaware corporation with its chief executive office located at 321 Arsenal Street, Watertown, MA 02472 (Borrower).

Second Amendment to Forbearance Agreement and Fifth Loan Modification Agreement (September 16th, 2010)

This Second Amendment to Forbearance Agreement and Fifth Loan Modification Agreement (this "Agreement") is entered into as of August 31, 2010, by and among GAMETECH INTERNATIONAL, INC., a Delaware corporation (the "Borrower"), U.S. BANK NATIONAL ASSOCIATION, a national banking association ("U.S. Bank"), BANK OF THE WEST, a national banking association ("BOW", and, together with U.S. Bank, the "Lenders" and, each, a "Lender"), and U.S. BANK, in its separate capacity as agent for the Lenders (in such capacity, the "Agent").

Globaloptions Group – Fifth Loan Modification Agreement (August 16th, 2010)

This Fifth Loan Modification Agreement (this "Loan Modification Agreement") is entered into as of July 12, 2010, by and among (a) SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 ("Bank") and (b) (i) GLOBALOPTIONS, INC., a Delaware corporation with offices at 1501 M Street, N.W., Washington, D.C. 20005 ("Global"), and (ii) THE BODE TECHNOLOGY GROUP, INC., a Delaware corporation with offices at 1501 M Street, N.W., Washington, D.C. 20005 ("Bode") (Global and Bode are jointly and severally, individually and collectively, referred to herein as the "Borrower").

Paradigm Holdings Inc. – Contract (June 15th, 2010)
Fifth Loan Modification Agreement (May 10th, 2010)

This Fifth Loan Modification Agreement (this Loan Modification Agreement) is entered into as of the Fifth Loan Modification Effective Date by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (Bank) and SATCON TECHNOLOGY CORPORATION, a Delaware corporation Satcon); SATCON POWER SYSTEMS, INC., a Delaware corporation; SATCON ELECTRONICS, INC., a Delaware corporation, each with offices located at 27 Drydock Avenue, Boston, Massachusetts 02210; and SATCON POWER SYSTEMS CANADA LTD. (the Canadian Borrower), a corporation organized under the laws of the Province of Ontario, Canada with offices located at 835 Harrington Court, Burlington, Ontario L7N 3P3 (individually and collectively, jointly and severally, Borrower).

Radiant Logistics – This Fifth Loan Modification Agreement ("Fifth Modification") Modifies the Loan Agreement Dated February 13, 2007, Amended by Amendment No. 1 to Loan Agreement Dated February 12, 2008 (The "First Modification"), by Amendment No. 2 Dated June 24, 2008 (The "Second Modification"), by the Third Amendment to Loan Documents Dated September 5, 2008 (The "Third Modification"), and by the Fourth Amendment to Loan Documents Dated May 27, 2009 (As Further Amended From Time to Time, the "Agreement"), Regarding a Revolving Line of Credit in the Current Maximum Principal Amount of $14,500,000.00 (The "Loan (March 29th, 2010)
Fifth Loan Modification Agreement (November 18th, 2009)

This Fifth Loan Modification Agreement (this Loan Modification Agreement) is entered into as of November 13, 2009, by and between SILICON VALLEY BANK, a California corporation with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (Bank) and AMERICAN SCIENCE AND ENGINEERING, INC., a Massachusetts corporation with its chief executive office located at 829 Middlesex Turnpike, Billerica, Massachusetts 01821 (Borrower).

Blue Ridge Real Estate Co – Fifth Loan Modification Agreement (October 22nd, 2009)

This Fifth Loan Modification Agreement (the "Agreement"), is executed this 19th day of October, 2009, by and between Big Boulder Corporation, Blue Ridge Real Estate Company, BBC Holdings, Inc., BRRE Holdings, Inc., Northeast Land Company, Lake Mountain Company, Jack Frost Mountain Company, Boulder Creek Resort Company, Moseywood Construction Company, individually and doing business as Stoney Run Realty Company and Stoney Run Builders Company, and Jack Frost National Golf Course, Inc. (jointly, severally and collectively the "Borrowers"); and Manufacturers and Traders Trust Company (the "Bank").

Gain Capital Holdings – Fifth Loan Modification Agreement (August 31st, 2009)

This Fifth Loan Modification Agreement (this Loan Modification Agreement) is entered into as of June 18, 2009, and is effective as of March 17, 2009, by and among SILICON VALLEY BANK, a California corporation (SVB), as collateral agent (the Collateral Agent) for the Lenders and administrative agent (the Administrative Agent) for the Lenders (Collateral Agent and Administrative Agent are collectively the Agent), and the Lenders listed on Schedule 1.1 and otherwise party hereto, including, without limitation, SVB and JPMORGAN CHASE BANK, N.A. (JPMorgan) (SVB and JPMorgan are, collectively, the Joint Bookrunners) and GAIN CAPITAL HOLDINGS, INC., a Delaware corporation (Borrower).

Salary.com – Fifth Loan Modification Agreement (June 29th, 2009)

This Fifth Loan Modification Agreement (this Loan Modification Agreement) is entered into as of June 29, 2009, by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (FAX 617-969-5965) (Bank) and SALARY.COM, INC. a Delaware corporation with offices at 195 West Street, Waltham, Massachusetts 02451 (Borrower).

Fifth Loan Modification Agreement (May 15th, 2009)

This Fifth Loan Modification Agreement (this Loan Modification Agreement) is entered into as of the Fifth Loan Modification Effective Date, by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (Bank) and VOXWARE, INC., a Delaware corporation with its chief executive office located at 300 American Metro Blvd, Suite 155, Hamilton, NJ 08619 (Borrower).

Twenty-Fifth Loan Modification Agreement (February 19th, 2009)

This Twenty-fifth Loan Modification Agreement (this Loan Modification Agreement) is entered into on the Twenty-fifth Loan Modification Effective Date, by and between SILICON VALLEY BANK, a California chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (Bank) and ASPEN TECHNOLOGY, INC., a Delaware corporation with offices at 200 Wheeler Road, Burlington, Massachusetts 01803 for itself and as successor by merger with ASPENTECH, INC., a Texas corporation with offices at 200 Wheeler Road, Burlington, Massachusetts 01803 (Borrower).

Fifth Loan Modification Agreement - Exim (April 11th, 2008)

This Fifth Loan Modification Agreement - Exim (this Loan Modification Agreement) is entered into as of July 17, 2006, by and among (i) SILICON VALLEY BANK, a California chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (Bank) and (ii) ASPEN TECHNOLOGY, INC., a Delaware corporation with offices at Ten Canal Park, Cambridge, Massachusetts 02141 for itself and as successor by merger with ASPENTECH, INC., a Texas corporation with offices at Ten Canal Park, Cambridge, Massachusetts 02141 (Borrower)

Fifth Loan Modification Agreement (April 11th, 2008)

This Fifth Loan Modification Agreement (the Loan Modification Agreement) is entered into as of May 6, 2005, by and among (i) SILICON VALLEY BANK, a California chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (Bank) and (ii) ASPEN TECHNOLOGY, INC., a Delaware corporation with offices at Ten Canal Park, Cambridge, Massachusetts 02141 and ASPENTECH, INC., a Texas corporation with offices at Ten Canal Park, Cambridge, Massachusetts 02141 (jointly and severally, individually and collectively, Borrower).

Explanatory Note: * Indicates the Portion of This Exhibit That Has Been Omitted and Separately Filed With the Securities and Exchange Commission Pursuant to a Request for Confidential Treatment. Fifth Loan Modification Agreement (March 17th, 2008)

This Fifth Loan Modification Agreement (this Loan Modification Agreement) is entered into as of February 29, 2008, by and between SILICON VALLEY BANK, a California-chartered bank, with a loan production office located at 230 W. Monroe, Suite 720, Chicago, Illinois 60606 (Bank) and STEREOTAXIS, INC., a Delaware corporation with its chief executive office located at 4320 Forest Park Avenue, Suite 100, St. Louis, Missouri 63108 (Borrower).

Fifth Loan Modification Agreement (March 23rd, 2007)

This Fifth Loan Modification Agreement (this "Loan Modification Agreement") is entered into as of March 22, 2007, by and between SILICON VALLEY BANK, a California-corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462, doing business under the name "Silicon Valley East" ("Bank") and CHYRON CORPORATION, a New York corporation with offices at 5 Hub Drive, Melville, New York 11747 ("Borrower").