Common use of Financial Covenant Required Actual Complies Clause in Contracts

Financial Covenant Required Actual Complies. Maintain: Minimum Bookings (measured quarterly) $ * $ Yes No * Period Minimum Bookings Requirement** 12-month period ending December 31, 2012 $96,000,000 3-month period ending March 31, 2013 $22,000,000 6-month period ending June 30, 2013 $63,000,000 9-month period ending September 30, 2013 $317,000,000 12-month period ending December 31, 2013 $200,000,000 Each applicable period ending on each fiscal quarter thereafter ** ** The minimum bookings requirement for each applicable cumulative period ending on the last day of each fiscal quarter shall be determined by Bank based on Borrower’s board-approved plan for such fiscal year delivered in accordance with Section 6.2, such covenant to be set in a manner (but not in amounts) consistent with the 2012 covenant. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) FireEye, Inc. BANK USE ONLY Received by: By: AUTHORIZED SIGNER Name: Date: Title: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes No DEFAULT WAIVER AND FOURTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Fourth Amendment to Amended and Restated Loan and Security Agreement (this “Amendment”) is entered into as of January 7, 2013, to be effective as of December 30, 2012, by and between Silicon Valley Bank (“Bank”) and FireEye, Inc., a Delaware corporation (“Borrower”) whose address is 0000 XxXxxxxx Xxxx., Milpitas, California 95035.

Appears in 3 contracts

Samples: Loan and Security Agreement (FireEye, Inc.), Loan and Security Agreement (FireEye, Inc.), Loan and Security Agreement (FireEye Inc)

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Financial Covenant Required Actual Complies. Maintain: Minimum Bookings (measured quarterly) $ * $ Yes No * Period Minimum Bookings Requirement** Requirement 3-month period ending September 30, 2011 $9,600,000 6-month period ending December 31, 2011 $20,800,000 3-month period ending March 31, 2012 $10,685,000 6-month period ending June 30, 2012 $34,000,000 9-month period ending September 30, 2012 $59,000,000 12-month period ending December 31, 2012 $96,000,000 3-month period ending March 31, 2013 $22,000,000 6-month period ending June 30, 2013 $63,000,000 9-month period ending September 30, 2013 $317,000,000 12-month period ending December 31, 2013 $200,000,000 Each applicable period ending on each fiscal quarter thereafter ** ** The minimum bookings requirement for each applicable cumulative period ending on the last day of each fiscal quarter shall be determined by Bank based on Borrower’s board-approved plan for such fiscal year delivered in accordance with Section 6.2, such covenant to be set in a manner (but not in amounts) consistent with the 2012 covenant. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) FireEye, Inc. By: Name: Title: BANK USE ONLY Received by: By: AUTHORIZED SIGNER Name: Date: Title: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes No DEFAULT WAIVER AND FOURTH THIRD AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Fourth Third Amendment to Amended and Restated Loan and Security Agreement (this “Amendment”) is entered into as of January 7, 2013, to be effective as of December 3026, 2012, by and between Silicon Valley Bank Bank. (“Bank”) and FireEye, Inc., a Delaware corporation (“Borrower”) whose address is 0000 XxXxxxxx Xxxx., Milpitas, California 95035.

Appears in 3 contracts

Samples: Loan and Security Agreement (FireEye, Inc.), Loan and Security Agreement (FireEye, Inc.), Loan and Security Agreement (FireEye Inc)

Financial Covenant Required Actual Complies. Maintain: Minimum Bookings (measured quarterly) $ * $ Yes No * Period Minimum Bookings RequirementRequirement 3-month period ending September 30, 2011 $9,600,000 6-month period ending December 31, 2011 $20,800,000 3-month period ending March 31, 2012 ** 6-month period ending June 30, 2012 ** 9-month period ending September 30, 2012 ** 12-month period ending December 31, 2012 $96,000,000 3-month period ending March 312012, 2013 $22,000,000 6-month period ending June 30, 2013 $63,000,000 9-month period ending September 30, 2013 $317,000,000 12-month period ending December 31, 2013 $200,000,000 Each and each applicable period ending on each fiscal quarter thereafter ** ** The minimum bookings requirement for each applicable cumulative period ending on the last day of each fiscal quarter shall be determined by Bank based on Borrower’s board-approved plan for such fiscal year delivered in accordance with Section 6.2, such covenant to be set in a manner (but not in amounts) consistent with the 2012 2011 covenant. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) FireEye, Inc. BANK USE ONLY Received by: By: AUTHORIZED SIGNER Name: Date: Title: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes No DEFAULT WAIVER AND FOURTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Fourth Amendment to Amended and Restated Loan and Security Agreement (this “Amendment”) is entered into as of January 7EXHIBIT E BORROWING RESOLUTIONS CORPORATE BORROWING CERTIFICATE BORROWER: FireEye, 2013, to be effective as of December 30, 2012, by and between Inc. DATE: BANK: Silicon Valley Bank (“Bank”) and FireEyeI hereby certify as follows, Inc., a Delaware corporation (“Borrower”) whose address is 0000 XxXxxxxx Xxxx., Milpitas, California 95035.as of the date set forth above:

Appears in 3 contracts

Samples: Loan and Security Agreement (FireEye, Inc.), Loan and Security Agreement (FireEye, Inc.), Loan and Security Agreement (FireEye Inc)

Financial Covenant Required Actual Complies. Maintain: Minimum Bookings (measured quarterly) $ * $ Yes No * Period Minimum Bookings Requirement** Requirement 3-month period ending September 30, 2011 $9,600,000 6-month period ending December 31, 2011 $20,800,000 3-month period ending March 31, 2012 $10,685,000 6-month period ending June 30, 2012 $34,000,000 9-month period ending September 30, 2012 $59,000,000 12-month period ending December 31, 2012 $96,000,000 3-month period ending March 31, 2013 $22,000,000 6-month period ending June 30, 2013 $63,000,000 9-month period ending September 30, 2013 $317,000,000 12-month period ending December 31, 2013 $200,000,000 Each applicable period ending on each fiscal quarter thereafter ** ** The minimum bookings requirement for each applicable cumulative period ending on the last day of each fiscal quarter shall be determined by Bank based on Borrower’s board-approved plan for such fiscal year delivered in accordance with Section 6.2, such covenant to be set in a manner (but not in amounts) consistent with the 2012 covenant. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) FireEye, Inc. BANK USE ONLY Received by: By: AUTHORIZED SIGNER Name: Date: Title: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes No DEFAULT WAIVER AND FOURTH SECOND AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Fourth Second Amendment to Amended and Restated Loan and Security Agreement (this “Amendment”) is entered into as this 30th day of January 7, 2013, to be effective as of December 30July, 2012, by and between Silicon Valley Bank (“Bank”) and FireEye, Inc., a Delaware corporation (“Borrower”) whose address is 0000 XxXxxxxx Xxxx., Milpitas, California 95035.

Appears in 2 contracts

Samples: Loan and Security Agreement (FireEye, Inc.), Loan and Security Agreement (FireEye Inc)

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Financial Covenant Required Actual Complies. Maintain: Minimum Bookings (measured quarterly) $ * $ Yes No * Period Minimum Bookings Requirement** Requirement 3-month period ending September 30, 2011 $9,600,000 6-month period ending December 31, 2011 $20,800,000 3-month period ending March 31, 2012 $10,685,000 6-month period ending June 30, 2012 $34,000,000 9-month period ending September 30, 2012 $59,000,000 12-month period ending December 31, 2012 $96,000,000 3-month period ending March 31, 2013 $22,000,000 6-month period ending June 30, 2013 $63,000,000 9-month period ending September 30, 2013 $317,000,000 12-month period ending December 31, 2013 $200,000,000 Each applicable period ending on each fiscal quarter thereafter ** ** The minimum bookings requirement for each applicable cumulative period ending on the last day of each fiscal quarter shall be determined by Bank based on Borrower’s board-approved plan for such fiscal year delivered in accordance with Section 6.2, such covenant to be set in a manner (but not in amounts) consistent with the 2012 covenant. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) FireEye, Inc. BANK USE ONLY Received by: By: AUTHORIZED SIGNER Name: Date: Title: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes No DEFAULT WAIVER AND FOURTH SECOND AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Fourth Second Amendment to Amended and Restated Loan and Security Agreement (this “Amendment”) is entered into as this 30th day of January 7, 2013, to be effective as of December 30July, 2012, by and between Silicon Valley Bank (“Bank”) and FireEye, Inc., a Delaware corporation (“Borrower”) whose address is 0000 1300 XxXxxxxx Xxxx., Milpitas, California 95035.

Appears in 1 contract

Samples: Loan and Security Agreement (FireEye, Inc.)

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