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FIRST AMENDMENT TO THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT

Security Agreement

FIRST AMENDMENT TO THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT | Document Parties: OMNITURE, INC. | Silicon Valley Bank You are currently viewing:
This Security Agreement involves

OMNITURE, INC. | Silicon Valley Bank

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Title: FIRST AMENDMENT TO THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT
Date: 8/8/2008
Industry: Software and Programming     Sector: Technology

FIRST AMENDMENT TO THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT, Parties: omniture  inc. , silicon valley bank
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Exhibit 4.3B

FIRST AMENDMENT
TO
THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT

     THIS FIRST AMENDMENT to Third Amended and Restated Loan and Security Agreement (this “Amendment”) is entered into this 7th day of August, 2008, by and between Silicon Valley Bank (“Bank”) and Omniture, Inc., a Delaware corporation (“Borrower”) whose address is 550 E. Timpanogos Circle, Orem, UT 84097.

Recitals

      A.  Bank and Borrower have entered into that certain Third Amended and Restated Loan and Security Agreement with an Effective Date of August 17, 2007 (as the same may from time to time be further amended, modified, supplemented or restated, the “Loan Agreement”).

      B.  Bank has extended credit to Borrower for the purposes permitted in the Loan Agreement.

      C.  Borrower has requested that Bank amend the Loan Agreement to (i) extend the Revolving Line Maturity Date and (ii) waive the Fixed Charge Coverage covenant violation that occurred as of June 30, 2008, and the reporting requirements that were triggered by the covenant violation.

      D.  Bank has agreed to so amend certain provisions of the Loan Agreement, but only to the extent, in accordance with the terms, subject to the conditions and in reliance upon the representations and warranties set forth below.

Agreement

      Now, Therefore, in consideration of the foregoing recitals and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, and intending to be legally bound, the parties hereto agree as follows:

      1. Definitions. Capitalized terms used but not defined in this Amendment shall have the meanings given to them in the Loan Agreement.

      2. Amendments to Loan Agreement.

      2.1 Section 13.1 ( Definitions ). The following term and its definition is amended by deleting the existing definition and replacing it with the following:

““ Revolving Line Maturity Date ” is October 16, 2008.”

      3. Waiver of Covenant Violation. Bank waives Borrower’s existing default under the Loan Agreement consisting of Borrower’s failure to comply with the Fixed Charge Coverage covenant as of June 30, 2008. To the extent Borrower was required to provide to Bank a Borrowing Base Certificate, aged listings of accounts receivable and

 


 

accounts payable and a list of all Deferred Revenue due to such failure to comply with the Fixed Charge Coverage covenant, Bank also waives such requirement due to the failure to comply with the Fixed Charge Covenant as of June 30, 2008. As of September 30, 2008, Borrower shall be required to comply with the Fixed Charge Coverage covenant and the other financial covenants set forth in the Loan Agreement.

     Bank’s agreement to waive the default (1) is not an agreement to waive Borrower’s compliance with the covenants for other date


 
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