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RE: Third Amendment and Waiver

Forbearance Agreement

RE: Third Amendment and Waiver | Document Parties: APPLIED DIGITAL SOLUTIONS INC | Infotech USA. Inc. You are currently viewing:
This Forbearance Agreement involves

APPLIED DIGITAL SOLUTIONS INC | Infotech USA. Inc.

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Title: RE: Third Amendment and Waiver
Governing Law: New York     Date: 3/15/2006
Industry: Communications Equipment    

RE: Third Amendment and Waiver, Parties: applied digital solutions inc , infotech usa. inc.
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Exhibit 10.79

Wells Fargo Bank Business Credit

119 West 40 th Street

New York, NY 10018

 

 

as of January 24, 2006

 

Infotech USA. Inc. a New Jersey corporation

Infotech USA. Inc. a Delaware corporation

Information Technology Services, Inc.

c/o Infotech USA, Inc.

7 Kingsbridge Road

Fairfield, New Jersey 07004

Attn:  Mr. J. Robert Patterson

 

RE: Third Amendment and Waiver

 

Gentlemen:

 

Reference is made to the Credit and Security Agreement, dated as of June 29, 2004 (as amended from time to time, the “Credit Agreement”), among Infotech USA, Inc., a New Jersey corporation, as borrower (the “Borrower”), Infotech USA, Inc., a Delaware corporation, and Information Technology Services, Inc., a New York corporation, as guarantors (together with the Borrower, the “Obligors”) and Wells Fargo Bank, National Association, as successor by merger to Wells Fargo Business Credit, Inc., acting through its Wells Fargo Business Credit operating division, as lender (the “Lender”). Terms which are capitalized and not otherwise defined herein shall have the meanings ascribed to them in the Credit Agreement.

 

The Obligors have informed the Lender that Sebastian Perez has ceased to actively manage each Obligor's day-to-day business activities in his capacity as president of each of the Obligors, which constitutes an Event of Default under Section 7.1(c) of the Credit Agreement (the “Designated Event of Default”). The obligors have requested that the Lender consent to Jonathan McKeage’


 
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