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EXHIBIT 10.9(g)
AMENDMENT NO. SEVEN TO THE LOAN
AND SECURITY AGREEMENT
CONCURRENT COMPUTER CORPORATION
This Amendment No. Seven To The Loan And Security Agreement (this
"Amendment") is entered into as of the 26th day of April, 1996, by and between
CONCURRENT COMPUTER CORPORATION, a Delaware corporation ("Borrower"), whose
chief executive office is located at 2 Crescent Place, Oceanport, New Jersey
07757 and FOOTHILL CAPITAL CORPORATION, a California corporation ("Foothill"),
with a place of business located at 11111 Santa Monica Boulevard, Suite 1500,
Los Angeles, California 90025-3333, in light of the following facts:
FACTS
FACT ONE: Foothill and Borrower have previously entered into that certain
Loan And Security Agreement, dated as of June 29, 1995 (as amended and the
"Agreement").
FACT TWO: Foothill and Borrower desire to amend the Agreement as provided
herein. Terms defined in the Agreement which are used herein shall have the
same meanings as set forth in the Agreement, unless otherwise specified.
NOW, THEREFORE, Foothill and Borrower hereby modify and amend the
Agreement as follows:
1. Subsection (g) of the Definition "Eligible Accounts" under Section 1.1
of the Agreement is hereby amended in its entirety to read as follows: "(g)
Accounts with respect to an Account Debtor whose total obligations owing to
Borrower exceed ten percent (10%) of all Eligible Accounts, to the extent of
the obligations owing by such Account Debtor in excess of such percentage, and
with respect to (i) from March 31, 1996 through June 30, 1996, Hughes Training,
Inc., whose total obligations to Borrower exceed twenty-five percent (25%) and
(ii) commencing July 1, 1996, Hughes Aircraft, whose total obligations to
Borrower shall be increased to fifteen percent (15%); provided, however, that
accounts owed by the Illinois Department of Public Aid, Loral, Lockheed,
Airinc, Boeing Co., Grumman Aircraft, Martin Marietta Corp., Hughes Training,
Inc., ABB Combustion Engineering, and other accounts that may be approved from
time to time by Foothill may be eligible up to a maximum, per Account Debtor,
of fifteen percent (15%) of all Eligible Accounts, so long as they are
otherwise eligible hereunder;".
2. Foothill shall charge Borrower's loan account a fee in the amount of
Two Thousand Two Hundred Fifty Dollars ($2,250.00). Said fee shall be earned
at the time of payment and shall be non-refundable.
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3. In the event of a conflict between the terms and provisions of this
Amendment and the terms and provisions of the Agreement, the terms and
provisions of this Amendment shall govern. In all other respects, the
Agreement, as supplemented, amended and modified, shall remain in full force
and effect.
IN WITNESS WHEREOF, Borrower and Foothill have executed this Amendment as
of the day and year first written above.
FOOTHILL CAPITAL CORPORATION CONCURRENT COMPUTER
CORPORATION
By /s/ Lisa M. Gonzales By /s/ Roger J. Mason
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Lisa M. Gonzales Roger J. Mason
Its Assistant Vice President Its V.P. Finance & Treasurer CFO
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