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CF Acquisition : AMENDMENT NO. 2 TO LOAN AND SECURITY AGREEMENT – Form 8-K

Synnex Technology International : The addition loans granted by Synnex Global Ltd's BOD is over 2% of the Company's net worth.
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Amendment No. 2 to the Loan and Security Agreement

This Amendment to the Loan and Security Agreement (this”Modification“) as of December 23, 2021 (“)impact Date“), by Columbia River Investment Limited, a British Virgin Islands company (“krill“), and Nettar Group Inc., a subsidiary of the British Virgin Islands (“Borrower“).

Whereas, the Borrower and CRIL are parties to this specific Loan and Security Agreement dated March 8, 2021 (as amended, restated, supplemented or otherwise modified from time to time,”lend an agreement“). The capitalized terms used but not defined in this Amendment shall have the meanings set forth in the Loan Agreement;

WHEREAS, in connection with the expected completion of the Public Transaction in December 2021, the Parties have previously modified the Loan Agreement on December 7, 2021; And

Whereas, the Parties wish to make further amendments to the Loan Agreement as provided herein.

nowIn view of the foregoing, the terms and conditions set forth in this Amendment, and other good and valuable consideration, the receipt and adequacy of which are hereby recognized, the Borrower and CRIL hereby agree that:

1. Section 1.1(c)(2) of the Loan Agreement is hereby amended and restated in full and replaced by:

“(2) Mandatory prepayment on certain transactions. Immediately after the completion of a Change of Control Transaction, General Transaction, or ICO Transaction, the Borrower shall pay to CRIL an amount equal to the total principal outstanding of the loan plus accrued and unpaid interest on it, unless otherwise agreed by CRIL in a written document Signed ; Submitted that in the event of a public transaction occurring during calendar year 2021 in which SPAC shareholders exercise redemption rights in respect of the total amount in excess of 50% of the amount in a SPAC trust account, such payments to the CRIL may be made at the election of the company at any time on or before January 15, 2022.”

2. The definition of “completion date” in Section 11.1 of the Loan Agreement shall be modified and completely redrafted and replaced with the following:

“”perfection Date“means January 15, 2022; Submitted, that CRIL’s security interest in the Safeguards has not expired in accordance with Section 2 of this Agreement; And Submitted,in addition to, that in the event that the Borrower completes the security interest on any of the guarantees under any SPA prior to January 15, 2022, the Borrower shall simultaneously enhance the security interest of CRIL under this Agreement in the same manner, and in such event shall mean the date of completion The date of this perfect occurrence. Nothing in this definition modifies the Company’s obligation to prepay the loan pursuant to Section 1.1(c)(2)”.

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