TENTH LOAN MODIFICATION AGREEMENT
This Tenth Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of May 9,
2007, by and between SILICON VALLEY BANK , a California corporation, with its principal place of
business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 230
West Monroe Street, Suite 720, Chicago, Illinois 60606 (“Bank”) and DOUBLE-TAKE SOFTWARE, INC.
, f/k/a NSI SOFTWARE, INC., successor by merger with NETWORK SPECIALISTS, INCORPORATED, a
Delaware corporation with offices at Two Hudson Place, Suite 700, Hoboken, New Jersey 07030
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 16, 2003, evidenced by, among other documents, a certain Loan and Security
Agreement dated as of October 16, 2003 between Borrower and Bank, as amended (as amended, the “Loan
Agreement”). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan
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
Hereinafter, the Security Documents, together with all other documents evidencing or securing the Obligations
shall be referred to as the “Existing Loan Documents”.
3. DESCRIPTION OF CHANGE IN TERMS .
Modifications to Loan Agreement .
A. Section 5.4 to the Loan Agreement is hereby amended by deleting the following text appearing
“ 5.4 Access to Collateral, Books and Records. At reasonable times, and on one Business
Day’s notice, Silicon, or its agents, shall have the right to inspect the Collateral, and the right to
audit and copy Borrower’s books and records. Silicon shall take reas