HOWEVER
ARISING, TO REIMBURSE EX-IM BANK FOR ANY PAYMENTS MADE BY EX-IM BANK PURSUANT TO
THE MASTER GUARANTEE AGREEMENT.
LENDER IS AUTHORIZED TO APPLY THE PROCEEDS OF,
AND RECOVERIES FROM, ANY PROPERTY SUBJECT TO SUCH LIENS TO THE SATISFACTION OF
LOAN FACILITY OBLIGATIONS IN ACCORDANCE WITH THE TERMS OF ANY AGREEMENT BETWEEN
LENDER AND EX-IM BANK.
ARTICLE IV
MISCELLANEOUS
4.01
GOVERNING LAW.
THIS AGREEMENT AND THE LOAN AUTHORIZATION AGREEMENT AND
THE OBLIGATIONS ARISING UNDER THIS AGREEMENT AND THE LOAN AUTHORIZATION
AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAW OF THE
STATE GOVERNING THE LOAN DOCUMENTS.
4.02
NOTIFICATION.
ALL NOTICES REQUIRED BY THIS AGREEMENT SHALL BE GIVEN IN
THE MANNER AND TO THE PARTIES PROVIDED FOR IN THE LOAN AGREEMENT.
4.03
PARTIAL INVALIDITY.
IF AT ANY TIME ANY OF THE PROVISIONS OF THIS
AGREEMENT BECOMES ILLEGAL, INVALID OR UNENFORCEABLE IN ANY RESPECT UNDER THE LAW
OF ANY JURISDICTION, NEITHER THE LEGALITY, THE VALIDITY NOR THE ENFORCEABILITY
OF THE REMAINING PROVISIONS HEREOF SHALL IN ANY WAY BE AFFECTED OR IMPAIRED.
4.04
WAIVER OF JURY TRIAL. BORROWER HEREBY KNOWINGLY, VOLUNTARILY AND
INTENTIONALLY WAIVES ANY AND ALL RIGHTS IT MAY HAVE TO A TRIAL BY JURY IN
RESPECT OF ANY ACTION, SUIT, PROCEEDING OR OTHER LITIGATION BROUGHT TO RESOLVE
ANY DISPUTE ARISING UNDER, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
THE LOAN AUTHORIZATION AGREEMENT, ANY LOAN DOCUMENT, OR ANY OTHER AGREEMENT,
DOCUMENT OR INSTRUMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THEREWITH
OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR
WRITTEN), OR ACTIONS OR OMMISSIONS OF LENDER, EX-IM BANK, OR ANY OTHER PERSON,
RELATING TO THIS AGREEMENT, THE LOAN AUTHORIZATION AGREEMENT OR ANY OTHER LOAN
DOCUMENT.
17
IN WITNESS WHEREOF, Borrower has caused this Agreement to be duly executed as of
the 18th day of
June, 2002.
PHARSIGHT, INC.
By:
(Signature)
Name:
(Print or Type)
Title:
(Print or Type)
ACKNOWLEDGED:
SILICON VALLEY BANK
By:
(Signature)
Name:
(Print or Type)
Title:
(Print or Type)
18
ANNEXES:
Annex A
-
Loan Authorization Agreement or Loan Authorization Notice
19
CONSENT OF GUARANTORS
Each of the undersigned as a Guarantor of the obligations of
Borrower to the Lender executing the foregoing Agreement hereby agrees that the
foregoing Agreement, each of their respective Guaranty Agreements and each other
Loan Documents may be assigned to the Export-Import Bank of the United States.
[INDIVIDUAL GUARANTOR]
[CORPORATE GUARANTOR]
By:
Name:
Title:
20