Amendment to Credit Agreement between Royal Bank of Canada and ESW Canada Inc. (August 21, 2009)

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Summary

This amendment updates a previous credit agreement between Royal Bank of Canada and ESW Canada Inc. The main change is extending the availability of Facility #1 from June 30, 2009, to April 30, 2010. All other terms of the original agreement remain unchanged. The amendment becomes effective once both parties sign it and must be accepted by September 18, 2009, unless the bank agrees to extend this deadline in writing.

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EX-10.49 2 exh10-49.txt EXHIBIT 10.49 Royal Bank of Canada Commercial Financial Services 6880 Financial Drive 2nd Floor Mississauga, Ontario L5N 7Y5 Tel.: (905) 286-7292 Fax: (905) 286-7279 RBC LOGO OMITTED August 21, 2009 PRIVATE AND CONFIDENTIAL ESW CANADA INC. 335 Connie Crescent Concord, Ontario L4K 5R2 We refer to the agreement dated March 2, 2007 between ESW Canada Inc., as the Borrower, and Royal Bank of Canada, as the Bank, (the "AGREEMENT"). All capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement. The Agreement is amended as follows: 1. Under the Availability section, Facility #1 is amended by deleting "June 30, 2009" and by substituting "April 30, 2010". CONDITIONS PRECEDENT The effectiveness of this amendment is conditional upon receipt of a duly executed copy of this amending agreement. COUNTERPART EXECUTION This amending agreement may be executed in any number of counterparts and by different parties in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together constitute one and the same instrument. All other terms and conditions outlined in the Agreement remain unchanged and in full force and effect. This amending agreement is open for acceptance until September 18, 2009, after which date it will be null and void, unless extended in writing by the Bank. ROYAL BANK OF CANADA Per: -------------------------------- Name: Title: Agreed to and accepted this ______ day of ____________, 2009. ESW CANADA INC. Per: Name: Title: Per: Name: Title: I/We have the authority to bind the Borrower - ----------------- (R) Registered Trademark of Royal Bank of Canada