Exhibit 10.9
THIRD LOAN MODIFICATION AGREEMENT
This Third Loan Modification Agreement (this “Loan Modification Agreement’) is entered into as of , 2003, by
and between SILICON VALLEY BANK , a California-chartered bank, with its principal place of business at 3003 Tasman Drive,
Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221
Washington Street, Newton, Massachusetts 02462, doing business under the name “Silicon Valley East” (“Bank”) and LTX
CORPORATION , a Massachusetts corporation with its chief executive office located at LTX Park at University Avenue,
Westwood, Massachusetts 02090 (“Borrower”).
1.
DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS . Among other indebtedness and obligations
which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of
October 1, 1999, evidenced by, among other documents, a certain Amended and Restated Loan and Security Agreement
dated as of July 24, 2002, between Borrower and Bank, as amended by a certain Loan Modification Agreement dated as of
October 17, 2002, and as further amended by a certain Second Loan Modification Agreement dated as of July 23, 2003 (as
amended, the “Loan Agreement”). Capitalized terms used but not otherwise defined herein shall have the same meaning as
in the Loan Agreement.
Hereinafter, the Security Documents, together with all other documents evidencing or securing the Obligations shall be referred
to as the “Existing Loan Documents”.
2.
DESCRIPTION OF COLLATERAL . Repayment of the Obligations is secured by the Collateral as described in the Loan
Agreement (together with any other collateral security granted to Bank, the “Security Documents”).
3.
DESCRIPTION OF CHANGE IN TERMS .
A. Modifications to Loan Agreement.
1.
The Loan Agreement shall be amended by deleting the following definitions appearing in Section 13.1 thereof:
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