Fourth Loan Modification Agreement Sample Contracts

Western Capital Resources, Inc. – Consent and Fourth Loan Modification Agreement (May 3rd, 2018)

THIS CONSENT AND FOURTH LOAN MODIFICATION AGREEMENT (this "Agreement"), is made and entered into as of April 26, 2018, by and among WESTERN CAPITAL RESOURCES, INC., a Delaware corporation (the "Borrower"), EACH OF THE UNDERSIGNED SUBSIDIARIES OF THE BORROWER (together with the Borrower, collectively, the "Loan Parties", and each, individually, a "Loan Party"), and FIFTH THIRD BANK, an Ohio corporation (together with its successors and assigns, the "Lender").

Fourth Loan Modification Agreement (April 13th, 2018)

THIS FOURTH LOAN MODIFICATION AGREEMENT, is made as of the 10th day of April, 2018, by and between OPTICAL CABLE CORPORATION, a Virginia corporation (the "Borrower"), and PINNACLE BANK, a Tennessee banking corporation, successor in interest through name change and by merger with Bank of North Carolina (the "Lender").

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

This Fourth Loan Modification Agreement (Agreement) is made this 5th day of June, 2015 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.

Art's-Way Manufacturing Co., Inc. – Forbearance and Fourth Loan Modification Agreement (August 16th, 2017)

THIS FORBEARANCE AND FOURTH LOAN MODIFICATION AGREEMENT (this "Agreement") is by and between ART'S WAY MANUFACTURING CO., INC., a Delaware corporation (the "Borrower"), and U.S. BANK NATIONAL ASSOCIATION, a national banking association (the "Bank") and is made as of the date shown opposite the Bank's signature on the signature page (the "Agreement Date").

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

This Fourth Loan Modification Agreement (Agreement) is made this 5th day of June, 2015 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.

Fourth Loan Modification Agreement (May 10th, 2016)

This Fourth Loan Modification Agreement (this "Loan Modification Agreement") is entered into as of March 29, 2016, 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").

Fourth Loan Modification Agreement (December 23rd, 2014)

This Fourth Loan Modification Agreement (this "Loan Modification Agreement") is entered into as of December 22, 2014, 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 435 Devon Park Drive, Building 800, Wayne, 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.

Fourth Loan Modification Agreement (May 9th, 2014)

This Fourth Loan Modification Agreement (this Loan Modification Agreement) is entered into as of March 26, 2014, 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 101 Main Street, Suite 1850, Cambridge, Massachusetts 02142 (Borrower).

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

This Fourth Loan Modification Agreement (this "Loan Modification Agreement") is entered into as of October 22, 2012, 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,

Resource America – Fourth Loan Modification Agreement (November 13th, 2013)

THIS FOURTH LOAN MODIFICATION AGREEMENT (this "Modification") is made as of November 11, 2013 (the "Effective Date"), between and among REPUBLIC FIRST BANK (D/B/A REPUBLIC BANK) ("Bank"), a Pennsylvania chartered bank, having an address at Two Liberty Place, Suite 2400, 50 S. 16th Street, Philadelphia, PA 19102, RESOURCE CAPITAL INVESTOR, INC., a Delaware corporation ("RCI"), and RESOURCE PROPERTIES XXX, INC., a Delaware corporation ("RP XXX" and together with RCI, collectively, "Borrower"), each with offices at One Crescent Drive, Suite 203, Navy Yard Corporate Center, Philadelphia, PA 19112.

Real Goods Solar – Joinder and Fourth Loan Modification Agreement (September 27th, 2013)

This Joinder and Fourth Loan Modification Agreement (this Loan Modification Agreement) is entered into as of September 26, 2013 (the Fourth 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), (ii) REAL GOODS ENERGY TECH, INC., a Colorado corporation (Real Goods Energy), REAL GOODS TRADING CORPORATION, a California corporation (Real Goods Trading), and ALTERIS RENEWABLES, INC., a Delaware corporation (Alteris and together with Real Goods Energy, and Real Goods Trading, individually and collectively, jointly and severally, the Borrower), and (iii) REAL GOODS SYNDICATED, INC., a Delaware corporation (New Borrower or Syndicated).

Export-Import Bank Fourth Loan Modification Agreement (April 1st, 2013)

This Export-Import Bank Fourth Loan Modification Agreement (this EXIM Loan Modification Agreement) is entered into as of March 29, 2013 (the Fourth 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

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

This Fourth Loan Modification Agreement (Domestic) (this Loan Modification Agreement) is entered into as of December , 2012 (the Fourth 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 – Export-Import Bank Fourth Loan Modification Agreement (March 29th, 2013)

This Export-Import Bank Fourth Loan Modification Agreement (this Loan Modification Agreement) is entered into and effective as of March 29, 2013 (the Fourth 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 (Atricure), and (iii) ATRICURE, LLC, a Delaware limited liability company (Atricure LLC, and together with Atricure, individually and collectively, jointly and severally, the Borrower).

Fourth Loan Modification Agreement (March 29th, 2013)

This Fourth Loan Modification Agreement (this "Loan Modification Agreement") is entered into as of December 20, 2012, 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"), SPIRE BIOMEDICAL, INC., a Massachusetts corporation, with its principal place of business at One Patriots Park, Bedford, Massachusetts 01730 ("Spire Biomedical"), and SPIRE SEMICONDUCTOR, LLC, a Delaware limited liability company, with its principal place of business at 25 Sagamore Park Road, Hu

Fourth Loan Modification Agreement (March 29th, 2013)

This Fourth Loan Modification Agreement (this "Loan Modification Agreement") is entered into as of December 20, 2012, 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"), SPIRE BIOMEDICAL, INC., a Massachusetts corporation, with its principal place of business at One Patriots Park, Bedford, Massachusetts 01730 ("Spire Biomedical"), and SPIRE SEMICONDUCTOR, LLC, a Delaware limited liability company, with its principal place of business at 25 Sagamore Park Road, Hu

Fourth Loan Modification Agreement (March 27th, 2013)

This Fourth Loan Modification Agreement (this Loan Modification Agreement) is entered into as of March 21, 2013, 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 and LUNA TECHNOLOGIES, INC., a Delaware corporation, each with offices located at 1 Riverside Circle, Suite 400, Roanoke, Virginia 24016 (individually and collectively, jointly and severally, the Borrower).

World Energy Solutions Inc – Fourth Loan Modification Agreement (October 4th, 2012)

This Fourth Loan Modification Agreement (this Loan Modification Agreement) is entered into as of October 3, 2012 (the Fourth 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 275 Grove Street, Suite 2-200, Newton, Massachusetts 02466 (Bank) and (ii) WORLD ENERGY SOLUTIONS, INC., a Delaware corporation with offices located at 100 Front Street, Worcester, Massachusetts 01608, and WORLD ENERGY SECURITIES CORP., a Massachusetts securities corporation with offices located at 100 Front Street, Worcester, Massachusetts 01608 (individually and collectively, jointly and severally, Borrower).

Atricure – Fourth Loan Modification Agreement (September 28th, 2012)

This Fourth Loan Modification Agreement (this Loan Modification Agreement) is entered into and effective as of September 26, 2012 (the Fourth 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 380 Interlocken Crescent, Suite 600, Broomfield, Colorado 80021 (Bank) and ATRICURE, INC., a Delaware corporation with its chief executive office located at 6217 Centre Park Drive, West Chester, Ohio 45069 (Borrower).

Network Engines, Inc – Fourth Loan Modification Agreement (June 25th, 2012)

This Fourth Loan Modification Agreement (this Loan Modification Agreement) is entered into as of , but is effective as of June 30, 2012, 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 NETWORK ENGINES, INC., a Delaware corporation with its chief executive office located at 25 Dan Road, Canton, Massachusetts 02021 (Borrower).

Fourth Loan Modification Agreement (February 23rd, 2012)

This Fourth Loan Modification Agreement (this Loan Modification Agreement) is entered into as of February 17, 2012, 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 230 West Monroe Street, Chicago, Illinois 60606 (Bank) and EXACTTARGET, INC., a Delaware corporation with its chief executive office located at 20 North Meridian Street, Suite 200, Indianapolis, Indiana 46204 (Borrower).

Fourth Loan Modification Agreement (Domestic) (October 4th, 2011)

This Fourth Loan Modification Agreement (Domestic) (this Loan Modification Agreement) is entered into as of September 30, 2011 (the Fourth 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).

Fourth Loan Modification Agreement (July 26th, 2011)

THIS FOURTH LOAN MODIFICATION AGREEMENT, is made as of the 25th day of July, 2011, 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).

Fourth Loan Modification Agreement (May 11th, 2011)

This Fourth Loan Modification Agreement (this "Loan Modification Agreement") is entered into as of May 6, 2011 (the "Fourth 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 275 Grove Street, Suite 2-200, Newton, Massachusetts 02466 ("Bank") and (ii) BRIDGELINE DIGITAL, INC., a Delaware corporation with its chief executive office located at 10 Sixth Road, Woburn, Massachusetts 01801 ("Bridgeline") and e.MAGINATION IG, LLC, a Maryland limited liability company, with offices located at 6711 Columbia Gateway Drive, Suite 550, Columbia, Maryland 21046 ("e.Magination").

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

This Joinder and Fourth Loan Modification Agreement (this Loan Modification Agreement) is entered into as of April 7, 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).

Fourth Loan Modification Agreement (March 25th, 2011)

This Fourth Loan Modification Agreement (this "Loan Modification Agreement") is entered into as of March 24, 2011, but is effective as of March 30, 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 535 Fifth Avenue, 27th 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").

84 Financial, L.P. – Fourth Loan Modification Agreement (February 15th, 2011)

THIS AGREEMENT, Made and entered into as of this 15th day of April, 2008, by and between HARDY CREDIT CO. (the "Borrower") and UNITED BANK, INC. ("Bank").

First Amendment to Forbearance Agreement and Fourth Loan Modification Agreement (August 17th, 2010)

This First Amendment to Forbearance Agreement and Fourth Loan Modification Agreement (this "Agreement") is entered into as of July 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. B ANK, in its separate capacity as agent for the Lenders (in such capacity, the "Agent").

Waiver and Fourth Loan Modification Agreement (May 10th, 2010)

This Waiver and Fourth Loan Modification Agreement (this Loan Modification Agreement) is entered into as of the Fourth 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 (i) 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 (ii) 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).

Fourth Loan Modification Agreement (October 26th, 2009)

This Fourth Loan Modification Agreement (this "Loan Modification Agreement") is entered into as of as of the Fourth 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 IBASIS, INC., a Delaware corporation with offices at 20 Second Avenue, Burlington, Massachusetts 01803 ("Borrower").

Fourth Loan Modification Agreement (September 11th, 2009)

This Fourth Loan Modification Agreement (this Loan Modification Agreement) is entered into as of July 15, 2009, by and among (a) SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 (Bank) and (b) FINISAR CORPORATION, a Delaware corporation, with its chief executive office located at 1399 Moffett Park Drive, Sunnyvale, California 94089 (Finisar) and OPTIUM CORPORATION, a Delaware corporation, with its principal place of business at 500 Horizon Drive, Suite 505, Chalfont, Pennsylvania 18914 (Optium) (hereinafter, Finisar and Optium are jointly and severally, individually and collectively, referred to as Borrower).

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

This Fourth Loan Modification Agreement (this Loan Modification Agreement) is entered into as of March 18, 2008, 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).

Icon Leasing Fund Eleven, Llc – FOURTH LOAN MODIFICATION AGREEMENT (Loan No. 9117000148) (August 14th, 2009)

This Loan Modification Agreement (the "Fourth Modification") is made and entered as of August 12, 2009, between CALIFORNIA BANK & TRUST, a California banking corporation ("Bank"); ICON INCOME FUND EIGHT B L.P.; ICON INCOME FUND NINE, LLC; ICON INCOME FUND TEN, LLC; and ICON LEASING FUND ELEVEN, LLC (separately and collectively "Original Borrower"), and ICON LEASING FUND TWELVE, LLC ("First Added Borrower") and ICON EQUIPMENT AND CORPORATE INFRASTRUCTURE FUND FOURTEEN, L.P. ("Second Added Borrower"). As used herein the term "Borrower" means, separately and collectively, the First Added Borrower, the Second Added Borrower, and the Original Borrower.

Icon Income Fund Ten Llc – FOURTH LOAN MODIFICATION AGREEMENT (Loan No. 9117000148) (August 14th, 2009)

This Loan Modification Agreement (the "Fourth Modification") is made and entered as of August 12, 2009, between CALIFORNIA BANK & TRUST, a California banking corporation ("Bank"); ICON INCOME FUND EIGHT B L.P.; ICON INCOME FUND NINE, LLC; ICON INCOME FUND TEN, LLC; and ICON LEASING FUND ELEVEN, LLC (separately and collectively "Original Borrower"), and ICON LEASING FUND TWELVE, LLC ("First Added Borrower") and ICON EQUIPMENT AND CORPORATE INFRASTRUCTURE FUND FOURTEEN, L.P. ("Second Added Borrower"). As used herein the term "Borrower" means, separately and collectively, the First Added Borrower, the Second Added Borrower, and the Original Borrower.

Icon Leasing Fund Twelve, Llc – FOURTH LOAN MODIFICATION AGREEMENT (Loan No. 9117000148) (August 14th, 2009)

This Loan Modification Agreement (the "Fourth Modification") is made and entered as of August 12, 2009, between CALIFORNIA BANK & TRUST, a California banking corporation ("Bank"); ICON INCOME FUND EIGHT B L.P.; ICON INCOME FUND NINE, LLC; ICON INCOME FUND TEN, LLC; and ICON LEASING FUND ELEVEN, LLC (separately and collectively "Original Borrower"), and ICON LEASING FUND TWELVE, LLC ("First Added Borrower") and ICON EQUIPMENT AND CORPORATE INFRASTRUCTURE FUND FOURTEEN, L.P. ("Second Added Borrower"). As used herein the term "Borrower" means, separately and collectively, the First Added Borrower, the Second Added Borrower, and the Original Borrower.