Exhibit 10.1
FOURTEENTH
AMENDMENT
TO
LOAN AND SECURITY
AGREEMENT
THIS FOURTEENTH AMENDMENT to
Loan and Security Agreement (this “Amendment”) is
entered into as of this 13th day of July, 2009, by and between
SILICON VALLEY BANK (“Bank”) and XPLORE TECHNOLOGIES
CORPORATION OF AMERICA, a Delaware corporation
(“Borrower”) whose address is 14000 Summit Drive,
Suite 900, Austin, Texas 78728.
RECITALS
A.
Bank and Borrower
have entered into that certain Loan and Security Agreement dated as
of September 15, 2005, as amended by that certain First
Amendment to Loan and Security Agreement by and between Bank and
Borrower dated as of November 28, 2005, that certain Letter
amending Loan and Security Agreement by and between Bank and
Borrower dated as of March 30, 2006, that certain Second
Amendment to Loan and Security Agreement by and between Bank and
Borrower dated as of May 15, 2006, that certain Third
Amendment to Loan and Security Agreement by and between Bank and
Borrower dated as of February 28, 2007, that certain Fourth
Amendment to Loan and Security Agreement by and between Bank and
Borrower dated as of March 28, 2008, that certain Fifth
Amendment to Loan and Security Agreement by and between Bank and
Borrower dated as of May 27, 2008, that certain Sixth
Amendment to Loan and Security Agreement by and between Bank and
Borrower dated as of August 6, 2008, that certain Seventh
Amendment to Loan and Security Agreement by and between Bank and
Borrower dated as of August 29, 2008, that certain Eighth
Amendment to Loan and Security Agreement by and between Bank and
Borrower dated as of September 30, 2008, that certain Ninth
Amendment to Loan and Security Agreement by and between Bank and
Borrower dated as of March 30, 2009, that certain Tenth
Amendment to Loan and Security Agreement by and between Bank and
Borrower dated as of April 10, 2009, that certain Eleventh
Amendment to Loan and Security Agreement between Bank and Borrower
dated as of April 24, 2009, that certain Twelfth Amendment to
Loan and Security Agreement between Bank and Borrower dated as of
May 29, 2009 and that certain Thirteenth Amendment to Loan and
Security Agreement between Bank and Borrower dated as of
June 29, 2009 (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 extend the maturity
date and reduce the amount of credit.
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
Schedule Section 1 (CREDIT
LIMIT (Section 1.1)
) The first three paragraphs of Section 1 of the
Schedule to the Loan Agreement (up until the de
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