Exhibit 10.9
FIRST AMENDMENT
TO
LOAN AND SECURITY AGREEMENT
This First Amendment to Loan and Security Agreement is entered into as of August 23, 2002 (the
“Amendment”), by and between COMERICA BANK – CALIFORNIA (“Bank”) and TRIPATH
TECHNOLOGY INC. (“Borrower”).
RECITALS
Borrower and Bank are parties to that certain Loan and Security Agreement dated as of July 12, 2002,
as amended (collectively, the “Agreement”). The parties desire to amend the Agreement in accordance with the
terms of this Amendment.
NOW, THEREFORE, the parties agree as follows:
1. Subsection (i) of the definition of “Eligible Accounts” in Section 1.1 of the Agreement is hereby
amended to read as follows: “(i) Accounts with respect to an account debtor, including Subsidiaries and
Affiliates, whose total obligations to Borrower exceed twenty percent (20%) of all Accounts (the “Concentration
Limit”), to the extent such obligations exceed the aforementioned percentage except as approved in writing by the
Bank, provided that the Concentration Limit shall be 50% for Komatsu Semiconductor Corp., Quanta Computer
Inc., Solectron Technology Singapore PTE LTD, World Vantage Tech (Holdings) LTD, and Dynax Electronics
(HK) LTD (such exceptions are reviewable on an ongoing basis);”.
2. The following defined term in Section 1.1 of the Agreement is hereby amended in its entirety to
read as follows:
“Eligible Foreign Accounts” means Accounts with respect to which the account debtor
does not have its principal place of business in the United States and that (i) are supported by
one or more letters of credit (A) in an amount and of a tenor, and issued by a financial institution,
acceptable to Bank, and (B) upon which Bank is the beneficiary, or (ii) are supported by credit
insurance acceptable to Bank, or (iii) are Accounts on which the account debtor is approved in
writing by Bank, including without limitation Komatsu Semiconductor Corp., Quanta Computer
Inc., and Solectron Technolo