Attached files
| file | filename |
|---|---|
| 8-K - FORM 8-K - IROBOT CORP | b87311e8vk.htm |
| EX-10.2 - EX-10.2 - IROBOT CORP | b87311exv10w2.htm |
| EX-10.1 - EX-10.1 - IROBOT CORP | b87311exv10w1.htm |
Exhibit 10.3
THIRD AMENDMENT TO NOTE
This Third Amendment to Note (the “Third Amendment”) is made as of this 12 day of July, 2011
by and between Bank of America, N.A. (the “Bank”) having an office located at 100 Federal Street,
Boston, Massachusetts 02110 and iRobot Corporation (the “Borrower”), a Delaware corporation having
an office at 8 Crosby Drive, Bedford, Massachusetts 01730 to that certain Note dated June 5, 2007
executed by the Borrower in favor of the Bank (as amended, the “Note”). Any capitalized terms not
otherwise defined herein shall have the same meanings designated in the Note.
W I T N E S S E T H:
WHEREAS, the Borrower did on June 5, 2007 execute, seal and deliver to the Bank the Note; and
WHEREAS, the Borrower has requested that the Bank increase the maximum principal of the Note;
NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and
valuable consideration, receipt of whereof is hereby acknowledged, it is hereby agreed by and
between the Borrower and the Bank as follows:
| 1. | The Note is hereby amended by replacing where applicable the references to “Forty Million Dollars” and “$40,000,000.00” with “Seventy Five Million Dollars” and “$75,000,000.00”. | |
| 2. | The Note, as amended hereby, shall remain in full force and effect and all terms hereof are hereby ratified and confirmed by the Borrower. Except for specifically provided herein, all other terms and conditions of the Note shall remain in full force and effect. | |
| 3. | The Borrower by its execution of this Third Amendment in the space provided below, represents, warrants and agrees that the Borrower has no claims, defenses, counterclaims or offsets against the Bank through the date of this Third Amendment in connection with the Note or any of the other documents executed in connection therewith and, to the extent that any such claim, defense, counterclaim or offset may exist, the Borrower by its execution of this Third Amendment in the space provided below, hereby affirmatively WAIVES and RELEASES the Bank from same. | |
| 4. | This Third Amendment shall take effect as a sealed instrument under the laws of the Commonwealth of Massachusetts as of the date first above written. | |
| 5. | Any and all references to the Note and any instrument previously and now hereafter executed by the Borrower shall be deemed to refer to the Note as amended by this |
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Third Amendment and any future amendments hereafter entered into between the Borrower and
the Bank.
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment as of the date and
year first above written as a sealed instrument.
| WITNESS: | iROBOT CORPORATION |
| /s/ Paul Tavalone |
| By: | /s/ John Leahy | |||
| Title: EVP Chief Financial Officer | ||||
| BANK OF AMERICA, N.A. |
||||
| By: | /s/ Scott W. Vokey | |||
| Title: Senior Vice President | ||||
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