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SEVENTH AMENDMENT TO LOAN AND SECURITY AGREEMENT

Security Agreement

SEVENTH AMENDMENT TO LOAN AND SECURITY AGREEMENT | Document Parties: XPLORE TECHNOLOGIES CORP | Silicon Valley Bank You are currently viewing:
This Security Agreement involves

XPLORE TECHNOLOGIES CORP | Silicon Valley Bank

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Title: SEVENTH AMENDMENT TO LOAN AND SECURITY AGREEMENT
Date: 9/4/2008
Industry: Computer Hardware     Sector: Technology

SEVENTH AMENDMENT TO LOAN AND SECURITY AGREEMENT, Parties: xplore technologies corp , silicon valley bank
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Exhibit 10.1

 

SEVENTH AMENDMENT

TO

LOAN AND SECURITY AGREEMENT

 

THIS SEVENTH AMENDMENT to Loan and Security Agreement (this “Amendment”) is entered into this 29th day of August, 2008, 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 and that certain Sixth Amendment to Loan and Security Agreement by and between Bank and Borrower dated as of August 6, 2008 (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) reset the financial covenants, (ii) waive certain covenant violations, and (iii) make certain other revisions to the Loan Agreement as more fully set forth herein.

 

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 5 (FINANCIAL COVENANTS (Section 5.1) ) .  The paragraphs regarding Minimum Tangible Net Worth and Subordinated Debt prior to the “Definitions” portion of Section 5 of the Schedule to the Loan Agreement are hereby amended and restated to read as follows:

 

                                                Minimum Tangible Net Worth .  Borrower shall maintain a minimum Tangible Net Worth of not less than Seven Hundred Fifty Thousand Dollars ($750,000) for the measuring periods ending August 31, 2008 and September 30, 2008.  Thereafter, Borrower and Bank agree to reset the minimum Tangible Net Worth covenant, effective beginning with the measuring period ending October 31, 2008, based on a final revised forecast to be delivered by Borrower to Bank no later than October 5, 2008.

 

                                                Subordinated Debt.   Borrower shall have received (a) at least One Million Dollars ($1,000,000) in proceeds from the issuance of Subordinated


 
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