MTMC » Topics » Exhibits

This excerpt taken from the MTMC 8-K filed Mar 6, 2009.
Exhibits.

Exhibit 3.1 Certificate of Amendment to Restated Certificate of Incorporation.
   
Exhibit 10.1 Amendment No. 6 to Registration Rights Agreement.

  3


This excerpt taken from the MTMC 8-K filed Feb 18, 2009.
       Exhibits.

Exhibit 4.1 Warrant dated February 11, 2009 issued by MTM Technologies, Inc. to FirstMark III, L.P.
   
Exhibit 4.2 Warrant dated February 11, 2009 issued by MTM Technologies, Inc. to FirstMark III Offshore Partners, L.P.
   
Exhibit 10.1      Amended and Restated Subordinated Promissory Note dated February 11, 2009
  issued by MTM Technologies, Inc. to FirstMark III, L.P.
   
Exhibit 10.2 Amended and Restated Subordinated Promissory Note dated February 11, 2009
  issued by MTM Technologies, Inc. to FirstMark III Offshore Partners, L.P.
   
Exhibit 10.3 Amendment to Subordinated Promissory Notes dated February 11, 2009.
   
Exhibit 99.1 Press Release dated February 13, 2009.

4


This excerpt taken from the MTMC 10-Q filed Feb 13, 2009.

Item 6. Exhibits

(a)       Exhibits

Set forth below is a list of the exhibits to this Quarterly Report on Form 10-Q.

Exhibit    
     Number               Description  
     
10.1  

Subordinated Promissory Note dated January 29, 2009 issued by MTM Technologies, Inc. in favor of FirstMark III, L.P. in the amount of $876,449*

 
10.2  

Subordinated Promissory Note dated January 29, 2009 issued by MTM Technologies, Inc. in favor of FirstMark III Offshore Partners, L.P. in the amount of $123,551*

 
10.3  

Seventh Amendment dated February 3, 2009 to Credit Facilities entered into as of August 21, 2007 among MTM Technologies, Inc., MTM Technologies (US), Inc., MTM Technologies (Massachusetts), LLC, and Info Systems, Inc., as Borrowers, and GE Commercial Distribution Finance Corporation as Administrative Agent and the sole lender*

 
10.4  

Amendment No. 7 dated as of January 29, 2009, to the Credit Agreement, dated November 23, 2005, among MTM Technologies, Inc., MTM Technologies (US), Inc., MTM Technologies (Massachusetts), LLC, and Info Systems, Inc. as borrowers and Columbia Partners, L.L.C. Investment Management, as Investment Manager, and National Electrical Benefit Fund, as Lender*

 
31.1  

Certification pursuant to Exchange Act Rule 13a-14(a) of Steven Stringer

 
31.2  

Certification pursuant to Exchange Act Rule 13a-14(a) of J.W. Braukman III

 
32.1  

Certification pursuant to Section 1350 of the Sarbanes-Oxley Act of 2002 of Steven Stringer

 
32.2  

Certification pursuant to Section 1350 of the Sarbanes-Oxley Act of 2002 of J.W. Braukman, III

 

_________

* Incorporated by reference. See Exhibit Index.

 

29



SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.

    MTM TECHNOLOGIES, INC.
 
February 13, 2009   By:      /s/ Steven Stringer  
      Steven Stringer  
      President and Chief Executive Officer  
      (Principal Executive Officer)  
 
 
 
February 13, 2009   By: /s/ J.W. Braukman III  
      J.W. Braukman III  
      Senior Vice President and Chief Financial Officer  
      (Principal Financial and Accounting Officer)  

 




MTM Technologies, Inc.
QUARTERLY REPORT ON FORM 10-Q
Fiscal Quarter Ended December 31, 2008

EXHIBIT INDEX


Exhibit    
     Number               Description  
     
10.1  

Subordinated Promissory Note dated January 29, 2009 issued by MTM Technologies, Inc. in favor of FirstMark III, L.P. in the amount of $876,449 [Incorporated by reference to Exhibit 10.1 to the registrant’s Current Report on Form 8-K (Date of Report: January 29, 2009), filed with the Securities and Exchange Commission on February 4, 2009.]

 
10.2  

Subordinated Promissory Note dated January 29, 2009 issued by MTM Technologies, Inc. in favor of FirstMark III Offshore Partners, L.P. in the amount of $123,551 [Incorporated by reference to Exhibit 10.2 to the registrant’s Current Report on Form 8- K (Date of Report: January 29, 2009), filed with the Securities and Exchange Commission on February 4, 2009.]

 
10.3  

Seventh Amendment dated February 3, 2009 to Credit Facilities entered into as of August 21, 2007 among MTM Technologies, Inc., MTM Technologies (US), Inc., MTM Technologies (Massachusetts), LLC, and Info Systems, Inc., as Borrowers, and GE Commercial Distribution Finance Corporation as Administrative Agent and the sole lender [Incorporated by reference to Exhibit 10.3 to the registrant’s Current Report on Form 8-K (Date of Report: January 29, 2009), filed with the Securities and Exchange Commission on February 4, 2009.]

 
10.4  

Amendment No. 7 dated as of January 29, 2009, to the Credit Agreement, dated November 23, 2005, among MTM Technologies, Inc., MTM Technologies (US), Inc., MTM Technologies (Massachusetts), LLC, and Info Systems, Inc. as borrowers and Columbia Partners, L.L.C. Investment Management, as Investment Manager, and National Electrical Benefit Fund, as Lender [Incorporated by reference to Exhibit 10.4 to the registrant’s Current Report on Form 8-K (Date of Report: January 29, 2009), filed with the Securities and Exchange Commission on February 4, 2009.]

 
31.1  

Certification pursuant to Exchange Act Rule 13a-14(a) of Steven Stringer

 
31.2  

Certification pursuant to Exchange Act Rule 13a-14(a) of J.W. Braukman III

 
32.1  

Certification pursuant to Section 1350 of the Sarbanes-Oxley Act of 2002 of Steven Stringer

 
32.2  

Certification pursuant to Section 1350 of the Sarbanes-Oxley Act of 2002 of J.W. Braukman III

 


This excerpt taken from the MTMC 8-K filed Feb 4, 2009.
Exhibits.

Exhibit 10.1      FirstMark III, L.P. Subordinated Promissory Note dated January 29, 2009.

Exhibit 10.2      FirstMark III Offshore Partners, L.P. Subordinated Promissory Note dated January 29, 2009.

3


Exhibit 10.3      Seventh Amendment to GE Credit Facilities Agreement.

Exhibit 10.4      Amendment No. 7 to CP/NEBF Credit Agreement.

4


This excerpt taken from the MTMC 10-Q filed Nov 14, 2008.
Item 6. Exhibits

(a)       Exhibits

Set forth below is a list of the exhibits to this Quarterly Report on Form 10-Q.

  Exhibit    
  Number   Description

      10.1        Amendment No.6 dated November 11, 2008, to the Credit Agreement, dated November 23, 2005, among MTM Technologies, Inc., MTM Technologies (California), Inc., MTM Technologies (Texas), Inc., MTM Technologies (US), Inc., MTM Technologies (Massachusetts), LLC, and Info Systems, Inc. as borrowers and Columbia Partners, L.L.C. Investment Management, as Investment Manager and National Electrical Benefit Fund, as Lender
 
  10.2        Sixth Amendment dated November 13, 2008 to Credit Facilities entered into as of August 21, 2007 among MTM Technologies, Inc, MTM Technologies (US), Inc., MTM Technologies (Massachusetts), LLC, and Info Systems, Inc., as Borrowers, and GE Commercial Distribution Finance Corporation as Administrative Agent and the sole lender
 
  31.1        Certification pursuant to Exchange Act Rule 13a-14(a) of Steven Stringer
 
  31.2        Certification pursuant to Exchange Act Rule 13a-14(a) of J.W. Braukman III
 
  32.1        Certification pursuant to Section 1350 of the Sarbanes-Oxley Act of 2002 of Steven Stringer
 
  32.2        Certification pursuant to Section 1350 of the Sarbanes-Oxley Act of 2002 of J.W. Braukman, III
 

26


SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.

    MTM TECHNOLOGIES, INC.
 
November 14, 2008   By: /s/ Steven Stringer
      Steven Stringer
      President and Chief Executive Officer
      (Principal Executive Officer)
 
 
 
November 14, 2008   By: /s/ J.W. Braukman III
      J.W. Braukman III
      Senior Vice President and Chief Financial Officer
      (Principal Financial and Accounting Officer)


MTM Technologies, Inc.
QUARTERLY REPORT ON FORM 10-Q
Fiscal Quarter Ended September 30, 2008

EXHIBIT INDEX

  Exhibit    
  Number   Description
       
  10.1    Amendment No.6 dated November 11, 2008, to the Credit Agreement, dated November 23, 2005, among MTM Technologies, Inc., MTM Technologies (California), Inc., MTM Technologies (Texas), Inc., MTM Technologies (US), Inc., MTM Technologies (Massachusetts), LLC, and Info Systems, Inc. as borrowers and Columbia Partners, L.L.C. Investment Management, as Investment Manager and National Electrical Benefit Fund, as Lender
       
  10.2    Sixth Amendment dated November 13, 2008 to Credit Facilities entered into as of August 21, 2007 among MTM Technologies, Inc, MTM Technologies (US), Inc., MTM Technologies (Massachusetts), LLC, and Info Systems, Inc., as Borrowers, and GE Commercial Distribution Finance Corporation as Administrative Agent and the sole lender
 
  31.1   Certification pursuant to Exchange Act Rule 13a-14(a) of Steven Stringer
       
  31.2   Certification pursuant to Exchange Act Rule 13a-14(a) of J.W. Braukman III
       
  32.1   Certification pursuant to Section 1350 of the Sarbanes-Oxley Act of 2002 of Steven Stringer
       
  32.2   Certification pursuant to Section 1350 of the Sarbanes-Oxley Act of 2002 of J.W. Braukman III

 


This excerpt taken from the MTMC 10-Q filed Aug 15, 2005.

Item 6. Exhibits

Exhibits

      Set forth below is a list of the exhibits to this Quarterly Report on Form 10-Q.

Exhibit
Number

  Description

3.1

Restated Certificate of Incorporation.*

3.2

Amended and Restated By-Laws, as amended.*

4.1

Form of warrant certificate issued to Sunrise Securities Corp.*

4.2

Form of warrant certificate issued to investors in 2000 private placement.*

4.3

Form of Series A-3 Warrant Certificate.*

4.4

Form of the A-4 Notes and A-5 Notes.*

4.5

Form of the A-4 Warrants Certificate.*

10.1

Financing Agreement among the CIT Group/Business Credit, Inc., the Lenders that are parties thereto, MTM Technologies, Inc., and its subsidiaries that are parties thereto, dated as of June 8, 2005.*

10.2

Loan and Security Agreement among Textron Financial Corporation, MTM Technologies, Inc. MTM Technologies (California) Inc., MTM Technologies (Texas) Inc., MTM Technologies (US), Inc., and Info Systems, Inc., dated as of June 8, 2005.*

31.1

Certification pursuant to Exchange Act Rule 13a-14(a) of Francis J. Alfano.

31.2

Certification pursuant to Exchange Act Rule 13a-14(a) of Alan Schwartz.

32.1

Certification pursuant to Section 1350 of the Sarbanes-Oxley Act of 2002
of Francis J. Alfano.

32.2

Certification pursuant to Section 1350 of the Sarbanes-Oxley Act of 2002 of Alan Schwartz.


* Incorporated by reference. See Exhibit Index

19


SIGNATURES

      Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.

                                                                       MTM TECHNOLOGIES, INC.
              
              
Date: August 15, 2005      By:    /s/ FRANCIS J. ALFANO
                                                                                       
                                                                            Francis J. Alfano,
Chief Executive Officer
(Principal Executive Officer)
              
              
Date: August 15, 2005      By:    /s/ ALAN SCHWARTZ
                                                                                       
                                                                            Alan Schwartz,
Chief Financial Officer
(Principal Financial and Accounting Officer)

20


MTM TECHNOLOGIES, INC.
QUARTERLY REPORT ON FORM 10-Q
Fiscal Quarter Ended June 30, 2005

EXHIBIT INDEX

Exhibit
Number
Description
   

 3.1—

Restated Certificate of Incorporation. [Incorporated by reference to Exhibit 3 to the registrant's Current Report on Form 8-K (Date of Report: June 29, 2005) filed with the Securities and Exchange Commission on July 7, 2005.]

 3.2—

Amended and Restated By-Laws, as amended. [Incorporated by reference to exhibit 3.1 to the registrant's Current Report on Form 8-K (Date of Report: August 5, 2004), filed with the Securities and Exchange Commission on August 13, 2004.]

 4.1—

Form of warrant certificate issued to Sunrise Securities Corp. [Incorporated by reference to exhibit 4.1 to the registrant's Registration Statement on Form S-3, filed with the Securities and Exchange Commission on November 13, 2000.]

 4.2—

Form of warrant certificate issued to investors in 2000 private placement [Incorporated by reference to exhibit 4.2 to the registrant's Registration Statement on Form S-3, filed with the Securities and Exchange Commission on November 13, 2000.]

 4.3—

Form of Series A-3 Warrant Certificate [Incorporated by reference to Exhibit 10.7 of the registrant's Current Report on Form 8-K (Date of Report: December 7, 2004), filed with the Securities and Exchange Commission on December 13, 2004.]

 4.4—

Form of the A-4 Notes and A-5 Notes [Incorporated by reference to exhibit 10.2 to the registrant's Current Report on Form 8-K (Date of Report: December 7, 2004), filed with the Securities and Exchange Commission on December 13, 2004.]

 4.5—

Form of the A-4 Warrants Certificate [Incorporated by reference to Exhibit 10.3 to the registrant's Current Report on Form 8-K (Date of Report: December 7, 2005), filed with the Securities and Exchange Commission on December 13, 2004.]

10.1—

Financing Agreement among the CIT Group/Business Credit, Inc., the Lenders that are parties thereto, MTM Technologies, Inc., and its subsidiaries that are parties thereto, dated as of June 8, 2005. [Incorporated by reference to exhibit 10.1 to the registrant's Current Report on Form 8-K (Date of Report: June 8, 2005), filed with the Securities and Exchange Commission on June 14, 2005.]

10.2—

Loan and Security Agreement among Textron Financial Corporation, MTM Technologies, Inc. MTM Technologies (California) Inc., MTM Technologies (Texas) Inc., MTM Technologies (US), Inc., and Info Systems, Inc., dated as of June 8, 2005. [Incorporated by reference to exhibit 10.2 to the registrant's Current Report on Form 8-K (Date of Report: June 8, 2005), filed with the Securities and Exchange Commission on June 14, 2005.]

31.1—

Certification pursuant to Exchange Act Rule 13a-14(a) of Francis J. Alfano.

31.2—

Certification pursuant to Exchange Act Rule 13a-14(a) of Alan Schwartz.

32.1—

Certification pursuant to Section 1350 of the Sarbanes-Oxley Act of 2002
of Francis J. Alfano.

32.2—

Certification pursuant to Section 1350 of the Sarbanes-Oxley Act of 2002
of Alan Schwartz.


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