CINEDIGM DIGITAL FUNDING I, LLCADAM M. MIZEL55 MADISON AVENUESUITE 30007960 WILMINGTONETATS-UNIS D'AMERIQUETEL : 6463753382

CINEDIGM DIGITAL FUNDING I, LLC ADAM M. MIZEL 55 MADISON AVENUE SUITE 300 07960 WILMINGTON ETATS-UNIS D'AMERIQUE   TEL : 6463753382

PARIS LA DEFENSE, on 11/06/2010

 

RE	: SWAP TRANSACTION
Our Ref.	: ONE ###-###-#### / 3778715 : To be specified in every document exchanged between you and us.
Your Ref.	: (To be specified in your confirmation and mentioned in every document exchanged between you and us)

The purpose of this letter (the "Confirmation") is to confirm the terms and conditions of the transaction entered into between CINEDIGM DIGITAL FUNDING I, LLC/WILMINGTON and SOCIETE GENERALE/PARIS on the Trade Date specified below (the "Transaction"). This Confirmation constitutes a Confirmation as referred to in the Agreement specified below.

 

The definitions and provisions contained in the 2006 ISDA Definitions, as published by the International Swaps and Derivatives Association, Inc., (the "Definitions") are incorporated into this Confirmation. In the event of any inconsistency between the Definitions and this Confirmation, this Confirmation will govern.

 

This Confirmation supplements, forms part of, and is subject to, the ISDA Master Agreement dated as of 28/05/2010, as amended and supplemented from time to time (the "Agreement ") between you and us. All provisions contained in the Agreement govern this Confirmation except as expressly modified below.

 

THE TERMS OF THE PARTICULAR TRANSACTION TO WHICH THIS CONFIRMATION RELATES ARE AS FOLLOWS:

 

Trade Date	: 07/06/2010
Effective Date	: 15/06/2011
Termination Date	: 15/06/2013, subject to adjustment in accordance with the MODFOLLOWING Business Day Convention
FIXED AMOUNTS
Fixed Rate Payer	: CINEDIGM DIGITAL FUNDING I, LLC / WILMINGTON
Fixed Rate Payer Notional Amounts	:
From (including)	To (excluding)	Notional Amount
15/06/2011	15/06/2012	USD 33,333,333.33

 

15/06/2012	17/06/2013	USD 26,666,666.67
Fixed Rate Payer Payment Date(s)	: Every 3M, on the D15 commencing 15/09/2011 up to and including the NONE, subject to adjustment in accordance with the MODFOLLOWING Business Day Convention and there will be an adjustment to the Calculation Period .
Fixed Rate	: 2.160000 %
Fixed Rate Day Count Fraction	: ACT_360
Fixed Rate Payer Business Days	: LN
	NY
FLOATING AMOUNTS
Floating Rate Payer	: SOCIETE GENERALE/PARIS
Floating Rate Payer Notional Amounts
From (including)	: To (excluding)	Notional Amount
15/06/2011	15/06/2012	USD 33,333,333.33
15/06/2012	17/06/2013	USD 26,666,666.67
Floating Rate Payer Payment Date(s)	: Every 3M, on the D15 commencing 15/09/2011 up to and including the NONE, subject to adjustment in accordance with the MODFOLLOWING Business Day Convention and there will be an adjustment to the Calculation Period .
Floating Rate Option	: USD-LIBOR-BBA
Designated Maturity	:
Spread	: None
Floating Rate Day Count Fraction	: ACT_360
Reset Dates	: The First Day of each Calculation Period, subject to adjustment in accordance with the MODFOLLOWING Business Day Convention.
Compounding	: Inapplicable
Floating Rate Payer Business Days	: LN
	NY
Miscellaneous	:
Calculation Agent	:

 

 

NET PAYMENTS BETWEEN THE FIXED AND THE FLOATING AMOUNT IF CORRESPONDING PAYMENT DATES.

 

Payment to : SOCIETE GENERALE/PARIS

 

TO BE SPECIFIED

 

Payment to the COUNTERPARTY

 

TO BE SPECIFIED IN YOUR CONFIRMATION

 

IF YOU DON'T AGREE WITH THOSE PAYMENT INSTRUCTIONS, PLEASE INFORM US AS SOON AS POSSIBLE.

 

 

Each party agrees to be bound by any transaction entered into between the parties from the time agreement is reached (whether by telephone, exchange of electronic messages or otherwise). Each party may, subject to its obtaining any consents and giving any notices which may be legally required, tape record any telephone conversation between the parties and each party agrees that any such tape recording shall be admissible in evidence in any court or other legal proceeding for the purpose of establishing any matters pertinent to such transaction.

 

SOCIETE GENERALE

OPER/FIC/CRD/RDB

TOUR SOCIETE GENERALE

17 COURS VALMY

92972 PARIS LA DEFENSE CEDEX

FRANCE

 

 

	Telephone	Facsimile
Documentation
Vanilla Interest Rate Derivatives, Assignment Email: ***@***	33 (0) 1 589 826 16	33 (0) 1 469 246 74
Vanilla Interest Rate Derivatives Email: ***@***	33 (0) 1 421 370 51	33 (0) 1 469 246 74
Non-Vanilla Interest Rate Derivatives	33 (0) 1 421 360 74	33 (0) 1 421 352 17
Payments
Interest Rate Derivatives Email: ***@***	33 (0) 1 421 370 35	33 (0) 1 469 246 73

 

Interest Rate Derivatives Email: ***@***

33 (0) 1 421 370 26

33 (0) 1 469 246 73

Please confirm that the foregoing correctly sets forth the terms of our agreement by executing the copy of this Confirmation enclosed for that purpose and returning it to us or by sending to us a letter substantially similar to this letter, which letter sets forth the material terms of the Transaction to which this Confirmation relates and indicates your agreement to those terms.

 

Yours sincerely,

 

SOCIETE GENERALE/PARIS

/s/ Philippe De-Brossard

CINEDIGM DIGITAL FUNDING I, LLC/WILMINGTON