Exhibit 10.1
EXECUTION
SIXTH AMENDMENT
TO
LETTER OF CREDIT AGREEMENT
This Sixth Amendment to Letter of
Credit Agreement (the “Amendment”) is entered into as
of December 13, 2008, by and between COMERICA BANK
(“Bank”) and INTERNET CAPITAL GROUP, INC.
(“ICG”), ICG HOLDINGS, INC. (“ICG
Holdings”), and INTERNET CAPITAL GROUP OPERATIONS, INC.
(“ICG Operations”)(ICG, ICG Holdings, and ICG
Operations are sometimes referred to, individually, as a
“Borrower” and collectively, as the
“Borrowers”).
RECITALS
Borrowers and Bank are parties to
that certain Letter of Credit Agreement dated as of
September 30, 2002 (as amended from time to time, including
without limitation by that certain Loan Extension letter dated as
of October 15, 2003, that certain First Amendment to Letter of
Credit Agreement dated as of October 20, 2003, that certain
Loan Extension letter dated as of October 25, 2004, that
certain Loan Extension letter dated as of November 18, 2004,
that certain Second Amendment to Letter of Credit Agreement dated
as of December 15, 2004, that certain Third Amendment to
Letter of Credit Agreement dated as of November 30, 2005, that
certain Fourth Amendment to Letter of Credit Agreement dated as of
December 15, 2006, and that certain Fifth Amendment to Letter
of Credit Agreement dated as of December 7, 2007, together
with any related agreements, the “Agreement”).
Hereinafter, all indebtedness owing by Borrowers to Bank shall be
referred to as the “Indebtedness.” The parties desire
to amend the Agreement in accordance with the terms of this
Amendment.
NOW, THEREFORE, for good and
valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
AGREEMENT
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I.
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Incorporation by Reference
. The Recitals and the documents referred to
therein are incorporated herein by this reference. Except as
otherwise noted, the terms not defined herein shall have the
meaning set forth in the Agreement.
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II.
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Amendment
to the Agreement .
Subject
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