|
|
|
|
Document Preview Forbearance Agreement |
||||
|
|
||||
|
Click "Add to Cart" button to purchase document. |
||||
|
|
||||
|
Title: |
Forbearance Agreement |
|||
|
Entities: |
Comerica Bank; Evolve Software Inc.; Evolve Software Inc |
|||
|
Date: |
2003 |
|||
|
Size: |
Preview shows 2KB of 9KB total |
|||
|
Price: |
$36 |
|||
|
ID: |
#162337 |
|||
|
|
||||
|
||||
|
|
||||
|
Start of Preview |
||||
{TEXT}
FORBEARANCE AGREEMENT
THIS FORBEARANCE AGREEMENT (this "AGREEMENT") is made and entered into as
of February 13, 2003, between EVOLVE SOFTWARE, INC., a Delaware corporation
(herein called "BORROWER"), and COMERICA BANK-CALIFORNIA ("BANK").
RECITALS
A. Borrower and Bank entered into that certain Amended and Restated
Loan Agreement dated as of November 13, 2001, as amended by that certain First
Amendment to Amended and Restated Loan Agreement and Limited Waiver, dated as
of April 19, 2002, as further amended by that Second Amendment to Amended and
Restated Loan Agreement, dated as of September 30, 2002 (as the same may from
time to time be further modified, amended, supplemented, restated or superseded,
the "LOAN AGREEMENT"), pursuant to which Bank agreed to extend and maintain
loans available to Borrower upon the terms and conditions contained therein.
Unless otherwise defined herein, all terms defined in the Loan Agreement have
the same meaning when used herein.
B. Borrower is presently in violation of the financial covenant set
forth in Section 8(h) of the Loan Agreement that Borrower maintain minimum
revenues of at least $5,000,000 during the quarter ending December 31, 2002,
which violation constitutes an Event of Default under Section 10.2 of the Loan
Agreement.
C. Borrower has requested that Bank waive the Event of Default set
forth in Recital B above and Bank is willing to do so, but only to the extent,
in accordance with the terms, subject to the conditions, and in reliance upon
the representations and warranties set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
covenants herein set forth and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, and intending to be
legally bound, and to induce Bank to enter into this Agreement, Borrower and
|
End of Preview |
Home Intelligence Services Subscriptions News About Us