Confirmation Letter of Financial Support between Softbank Capital Partners, LLC and Odimo Incorporated

Contract Categories: Business Finance › Financing Agreements
Summary

Softbank Capital Partners, LLC agrees to provide up to $5 million in equity financing to Odimo Incorporated if Odimo's cash from its credit facility with Silicon Valley Bank runs out before January 31, 2006. If equity financing cannot be arranged, Softbank will offer bridge financing with terms similar to the existing credit facility and no financial covenants, with repayment not required before January 31, 2006. This agreement is legally binding and governed by New York law.

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EX-10.16 2 g89390a6exv10w16.htm CONFIRMATION LETTER FROM SOFTBANK Confirmation Letter from Softbank  

Exhibit 10.16

         
   
  		  1188 Centre Street
Newton Center, MA 02459
 
        
      Tel (617)  ###-###-####
Fax (617)  ###-###-####
www.sbcap.com

January 7, 2005

Via Fax (305)  ###-###-####
Odimo Incorporated
14001 N.W. 4th Street
Sunrise, Florida 33325
Attn: Alan Lipton, CEO

     
Re:
  Financial Support

Dear Alan:

     This is to confirm that in the event that Odimo Incorporated’s current cash availability from its amended credit facility with Silicon Valley Bank (the “Amended Credit Facility”) is completely consumed any time prior to January 31, 2006, that Softbank Capital Partners, LLC (“Softbank”), through its funds, shall provide to Odimo Incorporated up to $5 million of equity financing from Softbank on terms mutually agreeable to the parties (but in no event shall such terms require repayment of such funds before January 31, 2006), or if unable to consummate equity financing, a bridge financing with a maturity date no earlier than January 31, 2006 (the “Bridge Financing”). If a Bridge Financing is consummated, it would be under similar terms as the Amended Credit Facility and would not contain any financial covenants.

     This letter agreement is intended to be legally binding on Softbank and shall be governed by, and construed and enforced in accordance with, the laws of the State of New York, without regard to conflicts of law.

         
  Very truly yours,


SOFTBANK CAPITAL PARTNERS, LLC
 		  
  By:   /s Steven J. Murray    
    Steven J. Murray   
    Administrative Member