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Bank of
America
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Amendment
Number 001
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Banc of
America Leasing & Capital, LLC
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to Master
Loan and Security Agreement No. 17507-70000
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This Amendment
Number 001 (the “Amendment”) is made this
30th day of April, 2008 to Master Loan and Security
Agreement No. 17507-70000 dated as of June 13,
2007 , (together with all (equipment schedules,)
(equipment) notes, addenda, amendments, riders, and other
documents and instruments thereto, the “Agreement”),
between Banc of America Leasing & Capital, LLC
(“Lender”) and iRobot Corporation
(“Borrower”).
WHEREAS, Lender
and Borrower are parties to the Agreement; and
WHEREAS, Lender
and Borrower desire to amend certain provisions of the
Agreement.
NOW, THEREFORE,
in consideration of the mutual covenants and promises as
hereinafter set forth, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
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1.
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The
Agreement is hereby amended by deleting the Addendum to Master Loan
and Security Agreement No. 17507-70000 dated June 19,
2007 in its entirety.
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2.
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The
Agreement is hereby amended by inserting the following as a second
paragraph at the end of Section 8 of the Agreement:
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All
covenants of Borrower that are based upon a specified level or
ratio relating to assets, liabilities, indebtedness, rentals, net
worth, cash flow, earnings, profitability, or any other
accounting-based measurement or test, now or hereafter existing
(collectively, the “Additional Covenants”), in that
certain Credit Agreement dated June 5, 2007 by and
between Borrower and Bank of America, N.A., or in any replacement
credit facility acceptable to Lender between Borrower and a United
States national banking association or other financial institution
(a “Bank Facility”), are hereby Incorporated into and
made a part of this Agreement (with such adjustments to defined
terms as may be necessary to assure consistency) as such Additional
Covenants may be amended from time to time under such Bank
Facility; provided, however, that (i) the Additional
Covenants shall be deemed permanently incorporated into this
Agreement, in their then existing form without further modification
or amendment
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