Amendment to Pledge and Security Agreement. In accordance with Section 10(a) of the Pledge and Security Agreement, the Company and the Collateral Agent hereby agree as follows:
Amendment to Pledge and Security Agreement. The Pledge and Security Agreement is hereby amended as follows:
Amendment to Pledge and Security Agreement. This Amendment to Pledge and Security Agreement (“Amendment”), is made, delivered, and effective as of March 5, 2012 (“Effective Date”) between SILVERBACK ENTERPRISE GROUP, INC., a Delaware corporation (“Grantor”) and COMERICA BANK (“Bank”).
Amendment to Pledge and Security Agreement. The Security Agreement is hereby amended by adding the following to SCHEDULE B thereto: "All commercial tort claims now or hereafter asserted by or on behalf of the Company or its predecessor in that certain action entitled GENUTEC BUSINESS SOLUTIONS, INC. VS. XXXXXXX XXXX ET AL., No. 07CC07918, filed in the Superior Court of the State of California for the County of Orange, Central Justice Center, or otherwise arising out of or in connection with the matters asserted by the Company in the complaint filed in such action."
Amendment to Pledge and Security Agreement. (a) The definition of “Excluded Property” in Section 2 of the Pledge and Security Agreement is hereby amended by deleting the “and” immediately before clause (d) thereof and inserting a new clause (e) immediately after the words “JV Interests” as follows:
Amendment to Pledge and Security Agreement. Each Lender party hereto hereby grants to the Collateral Agent all requisite authority to enter into or otherwise become bound by an amendment to the Pledge and Security Agreement to reflect the transactions contemplated by the Intercreditor Agreement and this Amendment and to bind the Secured Parties thereto by the Collateral Agent’s entering into or otherwise becoming bound thereby, and no further consent or approval on the part of any of the Secured Parties is or will be required in connection with the performance of the Pledge and Security Agreement as amended by such amendment. Each Lender party hereto further authorizes the Collateral Agent to deliver to the Term Agent any and all Term Priority Collateral in its possession, including without limitation, instruments, stock certificates, and transfer powers that are required to be delivered to the Term Agent pursuant to the Term Loan Documents with respect to Term Priority Collateral.
Amendment to Pledge and Security Agreement. Effective upon the execution of this Agreement by the parties hereto, Section 2.2(a) of the Pledge and Security Agreement is hereby amended as follows:
Amendment to Pledge and Security Agreement duly executed by the Borrower; and
Amendment to Pledge and Security Agreement. The definition of “Secured Parties” in the Pledge and Security Agreement is hereby deleted in its entirety.
Amendment to Pledge and Security Agreement. In accordance with Section 10(a) of the Pledge and Security Agreement, the Company and the Collateral Agent hereby agree as follows: a. The last two sentences of Section 5(i) are hereby deleted in their entirety and the following is inserted in lieu thereof: “Unless a Cash Management Agreement has been entered into within thirty (30) days (or such longer period as may be agreed by the Collateral Agent in its sole discretion) of opening such Deposit Account, Commodity Account or Securities Account, such Grantor shall not make or maintain any Deposit Account, Commodity Account or Securities Account except for the accounts set forth in Schedule IV hereto. The provisions of this paragraph 5(i) shall not apply to (i) Deposit Accounts for which the Collateral Agent is the depositary, (ii) accounts specially and exclusively used for margin or escrow in each case to the extent securing obligations permitted under the Transaction Documents, payroll, withholding, payroll taxes and other employee wage and benefit payments to or for the benefit of a Grantor’s salaried employees, trust or other similar accounts, (iii) zero balance accounts and (iv) such other accounts as may be agreed to by the Collateral Agent in writing (the foregoing, “CMA Excluded Accounts”).”
