BUSINESS LOAN AGREEMENTBusiness Loan Agreement • April 11th, 2011 • Active Network Inc • Services-prepackaged software • Tennessee
THIS BUSINESS LOAN AGREEMENT dated November 3, 2008, is made and executed between Automated License Systems, Inc. (“Borrower”) and Pinnacle National Bank (“Lender”) on the following terms and conditions. Borrower has received prior commercial loans from Lender or has applied to Lender for a commercial loan or loans or other financial accommodations, including those which may be described on any exhibit or schedule attached to this Agreement. Borrower understands and agrees that: (A) in granting, renewing, or extending any Loan, Lender is relying upon Borrower’s representations, warranties, and agreements as set forth in this Agreement; (B) the granting, renewing, or extending of any Loan by Lender at all times shall be subject to Lender’s sole judgment and discretion; and (C) all such Loans shall be and remain subject to the terms and conditions of this Agreement.
AMENDMENT TO RETENTION AGREEMENTRetention Agreement • April 11th, 2011 • Active Network Inc • Services-prepackaged software • California
This Amendment to Retention Agreement (this “Amendment”) is made effective as of December 22, 2008, by and between The Active Network, Inc., a Delaware corporation (“Company”), and Kourosh Vossoughi (“Employee”).
RETENTION AGREEMENTRetention Agreement • April 11th, 2011 • Active Network Inc • Services-prepackaged software • California
This RETENTION AGREEMENT (the “Agreement”) is made and entered into effective as of August 17, 2005 (the “Effective Date”), by and between The Active Network, Inc. (the “Company”), and Dave Alberga (the “Employee”). The Company and the Employee are hereinafter collectively referred to as the “Parties”, and individually referred to as a “Party”.
THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 11th, 2011 • Active Network Inc • Services-prepackaged software
This Third Amendment to Loan and Security Agreement is entered into as of November 30, 2009 (the “Amendment”) by and between SQUARE 1 BANK (“Bank”) and THE ACTIVE NETWORK, INC. (“Borrower”).
STOCK ACQUISITION AGREEMENT dated as of January 21, 2009 by and between THE ACTIVE NETWORK, INC. and ELICIA ACQUISITION CORP.Stock Acquisition Agreement • April 11th, 2011 • Active Network Inc • Services-prepackaged software • California
THIS STOCK ACQUISITION AGREEMENT (this “Agreement”) is made and entered into as of January 21, 2009 (“Effective Date”) by and among The Active Network, Inc., a Delaware corporation (“Acquirer”). Elicia Acquisition Corp., a Delaware corporation (“Seller”) and for purposes of Sections 6.2, 6.3, 6.7, 6.8 and 6.11 and 11.17 only, IAC/InterActiveCorp, a Delaware corporation (“Parent”) and, for purposes of Sections 6.2, 6.3, 6.4, 6.5, 6.6 and 11.17. ReserveAmerica Holdings, Ltd. a corporation organized under the laws of the Province of Ontario (the “Company”).
FIRST LEASE MODIFICATIONFirst Lease Modification • April 11th, 2011 • Active Network Inc • Services-prepackaged software
THIS FIRST LEASE MODIFICATION (“Lease Modification”), effective this 17th day of August, 2007, by and between ALLEGANY RESEARCH PROPERTIES, LLC, a Maryland limited liability company (“Landlord”), and INFOSPHERIX, INCORPORATED, a Delaware corporation (“Tenant”).
SIXTH AMENDMENT TO LOAN AND SECURITY AGREEMENTSecurity Agreement • April 11th, 2011 • Active Network Inc • Services-prepackaged software • California
This SIXTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Agreement”) is entered into effective as of the 28th day of April, 2010, by and between THE ACTIVE NETWORK, INC., a Delaware corporation (“Borrower”), and ESCALATE CAPITAL I, LP, a Delaware limited partnership (“Escalate”). GOLD HILL VENTURE LENDING 03, LP (“Gold Hill” and, collectively with Escalate, the “Lenders”) and Escalate in its capacity as agent (“Agent”).
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 11th, 2011 • Active Network Inc • Services-prepackaged software
This First Amendment to Loan and Security Agreement (this “Amendment”) is entered into as of June 6, 2007, by and between THE ACTIVE NETWORK, INC., a Delaware corporation (“Borrower”), and ESCALATE CAPITAL I, L.P., a Delaware limited partnership (“Escalate”), GOLD HILL VENTURE LENDING 03. LP (“Gold Hill” and, collectively with Escalate, the “Lenders”) and Escalate in its capacity as agent, “Agent”
CONSENT AND THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 11th, 2011 • Active Network Inc • Services-prepackaged software • California
This CONSENT AND THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Agreement”) is entered into effective as of the 30th day of October 2008, by and among THE ACTIVE NETWORK, INC., a Delaware corporation (“Borrower”), ESCALATE CAPITAL I, L.P., a Delaware limited partnership, in its capacity as a Lender (“Escalate”), and in its capacity as agent (“Agent”) for the lenders (“Lenders”) from time to time party to the Loan Agreement (as defined below), and GOLD HILL VENTURE LENDING 03, LP, as a Lender.
CONSENT AND FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 11th, 2011 • Active Network Inc • Services-prepackaged software
This Consent and First Amendment to Loan and Security Agreement is entered into as of September 29, 2009 (the “Amendment”) by and between SQUARE 1 BANK (“Bank”) and THE ACTIVE NETWORK, INC. (“Borrower”).
EIGHTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 11th, 2011 • Active Network Inc • Services-prepackaged software
This Eighth Amendment to Loan and Security Agreement is entered into as of July 15, 2010 (the “Amendment”) by and between SQUARE 1 BANK (“Bank”) and THE ACTIVE NETWORK, INC. (“Borrower”).
FIFTH AMENDMENT AND WAIVER TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 11th, 2011 • Active Network Inc • Services-prepackaged software
This Fifth Amendment and Waiver to Loan and Security Agreement is entered into as of March 31, 2010 (the “Amendment”) by and between SQUARE 1 BANK (“Bank”) and THE ACTIVE NETWORK, INC. (“Borrower”).
LOAN AND SECURITY AGREEMENT Dated as of March 22, 2007 by and between ESCALATE CAPITAL I, L.P. as Agent and a Lender and GOLD HILL VENTURE LENDING 03, LP as a Lender and THE ACTIVE NETWORK, INC. as BorrowerLoan and Security Agreement • April 11th, 2011 • Active Network Inc • Services-prepackaged software • California
This Loan and Security Agreement, dated as of March 22, 2007, (this “Loan Agreement”), is entered by and between THE ACTIVE NETWORK, INC., a Delaware corporation (“Borrower”), and ESCALATE CAPITAL I, L.P., a Delaware limited partnership (“Escalate”), GOLD HILL VENTURE LENDING 03, LP (“Gold Hill” and, collectively with Escalate, the “Lenders”) and Escalate in its capacity as agent, “Agent.” All capitalized terms used herein and not otherwise defined shall have the meanings provided in Section 14 hereof.
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 11th, 2011 • Active Network Inc • Services-prepackaged software
This Second Amendment to Loan and Security Agreement (this “Amendment”) is entered into as of December 18, 2007, by and between THE ACTIVE NETWORK, INC., a Delaware corporation (“Borrower”), and ESCALATE CAPITAL I, LP., a Delaware limited partnership (“Escalate”), GOLD HILL VENTURE LENDING 03, LP (“Gold Hill” and, collectively with Escalate, the “Lenders”) and Escalate in its capacity as agent, “Agent.”
FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 11th, 2011 • Active Network Inc • Services-prepackaged software
This Fourth Amendment to Loan and Security Agreement (this “Amendment”) is entered into as of April 14, 2009 but shall be effective as of March 31, 2009, by and between THE ACTIVE NETWORK, INC., a Delaware corporation (“Borrower”), and ESCALATE CAPITAL I, L.P., a Delaware limited partnership (“Escalate”), GOLD HILL VENTURE LENDING 03, LP (“Gold Hill” and, collectively with Escalate, the “Lenders”) and Escalate in its capacity as agent, “Agent.”
SECOND LEASE MODIFICATIONSecond Lease Modification • April 11th, 2011 • Active Network Inc • Services-prepackaged software
THIS SECOND LEASE MODIFICATION (“Lease Modification”), effective this 21st day of November, 2007, by and between ALLEGANY RESEARCH PROPERTIES, LLC, a Maryland limited liability company (“Landlord”), and INFOSPHERIX, INCORPORATED, a Delaware corporation (“Tenant”).
SEVENTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 11th, 2011 • Active Network Inc • Services-prepackaged software • California
This SEVENTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Agreement”) is entered into effective as of the 20th day of December, 2010 (the “Seventh Amendment Effective Date”), by and between THE ACTIVE NETWORK, INC., a Delaware corporation (“Borrower”), and ESCALATE CAPITAL I, L.P., a Delaware limited partnership (“Escalate”), GOLD HILL VENTURE LENDING 03, LP (“Gold Hill” and, collectively with Escalate, the “Lenders”) and Escalate in its capacity as agent (“Agent”).
FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 11th, 2011 • Active Network Inc • Services-prepackaged software
This Fourth Amendment to Loan and Security Agreement is entered into as of January 26, 2010 (the “Amendment”) by and between SQUARE 1 BANK (“Bank”) and THE ACTIVE NETWORK, INC. (“Borrower”).
THE ACTIVE NETWORK, INC. LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 11th, 2011 • Active Network Inc • Services-prepackaged software • California
This LOAN AND SECURITY AGREEMENT (the “Agreement”) is entered into as of October 30, 2008, by and between Square 1 Bank (“Bank”) and THE ACTIVE NETWORK, INC. (“Borrower”).
SEVENTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 11th, 2011 • Active Network Inc • Services-prepackaged software
This Seventh Amendment to Loan and Security Agreement is entered into as of May 27, 2010 (the “Amendment”) by and between SQUARE 1 BANK (“Bank”) and THE ACTIVE NETWORK, INC. (“Borrower”).
SIXTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 11th, 2011 • Active Network Inc • Services-prepackaged software
This Sixth Amendment to Loan and Security Agreement is entered into as of April 21, 2010 (the “Amendment”) by and between SQUARE 1 BANK (“Bank”) and THE ACTIVE NETWORK, INC. (“Borrower”).
CONSENT AND FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 11th, 2011 • Active Network Inc • Services-prepackaged software
This Consent and Fifth Amendment to Loan and Security Agreement (this “Amendment”) is entered into as of September 29, 2009, by and between THE ACTIVE NETWORK, INC., a Delaware corporation (“Borrower”), and ESCALATE CAPITAL I, L.P., a Delaware limited partnership (“Escalate”), GOLD HILL VENTURE LENDING 03, LP (“Gold Hill” and, collectively with Escalate, the “Lenders”) and Escalate in its capacity as agent, “Agent.”
THIRD LEASE MODIFICATIONThird Lease Modification • April 11th, 2011 • Active Network Inc • Services-prepackaged software
THIS THIRD LEASE MODIFICATION (“Lease Modification”), effective this 1st day of February, 2008, by and between ALLEGANY RESEARCH PROPERTIES, LLC, a Maryland limited liability company (“Landlord”), and INFOSPHERIX, INCORPORATED, a Delaware corporation (“Tenant”).
