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Exhibit
10.1
Silicon Valley
Bank
Limited
Waiver and
Amendment
to Loan Documents
Borrower:
Internap
Network Services Corporation
Date:
November
3, 2005
THIS LIMITED WAIVER AND AMENDMENT TO LOAN
DOCUMENTS (this “Amendment”)
is entered into between Silicon
Valley Bank (“Silicon”) and the borrower named above
(“Borrower”).
Silicon and Borrower agree to amend the Loan and
Security Agreement between them, dated October 21, 2002 (as
otherwise amended, if at all, the “Loan Agreement”), as
follows, effective as of the date hereof. (Capitalized terms used
but not defined in this Amendment shall have the meanings set forth
in the Loan Agreement.)
1. Waiver of
Default. Borrower
has advised Silicon that Borrower has failed to comply with the
Minimum Cash EBITDA Financial Covenant set forth in Section 5 of
the Amended and Restated Schedule to Loan and Security Agreement
entitled "5. FINANCIAL COVENANTS (Section 5.1)" for the reporting
period ending September 30, 2005 (the “Covenant
Default”). Silicon and Borrower agree that the Borrower's
Covenant Default is hereby waived. It is understood by the parties
hereto, however, that such waiver does not constitute a waiver of
any othe
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