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EXHIBIT 10.9(h)
AMENDMENT NO. EIGHT TO THE LOAN
AND SECURITY AGREEMENT
CONCURRENT COMPUTER CORPORATION
This Amendment No. Eight To The Loan And Security Agreement (this
"Amendment") is entered into as of the 11th day of June, 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%) (ii)
from May 31, 1996 through June 30, 1996, Illinois Department of Public Aid
whose total obligations to Borrower exceed twenty percent (20%), and (iii)
commencing July 1, 1996, Hughes Training, Inc. and Illinois Department of
Public Aid, whose total obligations to Borrower shall revert 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 Aircraft, 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;".
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2. Foothill shall charge Borrower's loan account a fee in the amount of
Seven Hundred Fifty Dollars ($750.00). Said fee shall be earned at the time of
payment and shall be non-refundable.
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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