This Assignment and Modification Agreement (this “Agreement”), which dates from the date referred to above (“Effective Date”), is entered into by and between (i) Liberated Solutions, Inc., a Nevada company (“Liberated”); (ii) Ngen Technologies USA Corp, a Texas company (“Ngen”), (iii) Clifford Rhee (“Mr. Rhee”) and (iii) the counterparties mentioned on the signature pages (a “Lender” and, together, the “Lenders”). (“MSSF”), MORGAN STANLEY & CO. INCORPORATED (“MS&Co”) and MORGAN STANLEY SENIOR FUNDING (NOVA SCOTIA) CO. (“MSNS”, and together with MSSF and MS&Co the “Morgan Stanley Entities”), the lenders (the “Required Lenders”) and WILMINGTON TRUST FSB (“Wilmington Trust”), and is managed by Mitel Networks, Inc., Mitel US Holdings, Inc., Mitel (Delaware), Inc. .
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