AMENDED AND RESTATED SECURITY AGREEMENTSecurity Agreement • August 1st, 2007 • Siena Technologies, Inc. • Communications services, nec
THIS AMENDED AND RESTATED SECURITY AGREEMENT (this “Agreement”) is made as of the 17th day of July, 2007, by and among (i) SIENA TECHNOLOGIES, INC., a Nevada corporation, having a mailing address at 5625 Arville Street, Suite E, Las Vegas, NV 89118-2280 (“Siena”), and (ii) KELLEY COMMUNICATION COMPANY, INC., a Nevada corporation, having a mailing address at 5625 Arville Street, Suite E, Las Vegas, NV 89118-2280 (“Kelley Communication”) and together with the Siena, individually, a “Debtor” and collectively, the “Debtors”), for the benefit and security of DUTCHESS PRIVATE EQUITIES FUND LTD., having a mailing address at 50 Commonwealth Avenue, Suite 2, Boston, Massachusetts 02116 (the “Secured Party”). This Agreement amends and restates that certain Security Agreement dated as of September 19, 2005 between Network and Dutchess Private Equities Fund, II, LP.
NEGATIVE PLEDGE THIS AGREEMENT dated as of the 17th day of July, 2007.Negative Pledge • August 1st, 2007 • Siena Technologies, Inc. • Communications services, nec • Massachusetts
WHEREAS pursuant to one or more promissory notes, warrants and other agreements and instruments (collectively, the “Credit Facilities”) between the undersigned and the Lender, the Lender has agreed to make certain loans and other financial accommodations to the undersigned, upon the terms and conditions set forth therein (the "Finance Documents");
AGREEMENTAgreement • August 1st, 2007 • Siena Technologies, Inc. • Communications services, nec • Nevada
THIS AGREEMENT (this “Agreement”) is dated as of July 17, 2007, by and among Siena Technologies, Inc., a Nevada corporation (“Siena”), Kelley Communication Company, Inc., a Nevada corporation and subsidiary of Siena (“Kelley” and collectively with Siena, the “Company”), and Dutchess Private Equities Fund Ltd. (“Dutchess”).
