Common Contracts

22 similar Loan and Security Agreement contracts by Edge Therapeutics, Inc., Oak Street Health, Inc., RedBall Acquisition Corp., others

THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • May 3rd, 2022 • RedBall Acquisition Corp. • Services-miscellaneous amusement & recreation • California

THIS THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”), dated as of April 28, 2022 (the “Third Amendment Effective Date”), is made among SeatGeek, Inc., a Delaware corporation (“Parent”) and each of its Qualifying Subsidiaries (together with Parent, individually and collectively, “Borrower”), HERCULES CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent and collateral agent for the Lenders (in such capacity, “Agent”) and the financial institutions or entities from time to time party hereto, in its capacity as a Lender (each a “Lender” and collectively, the “Lenders”).

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LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • December 14th, 2021 • RedBall Acquisition Corp. • Services-miscellaneous amusement & recreation • California

THIS LOAN AND SECURITY AGREEMENT is made and dated as of June 12, 2019 and is entered into by and between SeatGeek, Inc., a Delaware corporation (“Parent”) and each of its Qualifying Subsidiaries (individually and collectively, “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (collectively, “Lender”) and HERCULES CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent and collateral agent for the Lender (in such capacity, “Agent”).

FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • August 10th, 2020 • Paratek Pharmaceuticals, Inc. • Pharmaceutical preparations • California

This FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Amendment”) is dated as of August 5, 2020 and is entered into by and among (a) (i) PARATEK PHARMACEUTICALS, INC., a Delaware corporation (“Inc.”) (ii) PARATEK PHARMA, LLC, A Delaware limited liability company (“LLC”), and (iii) each of its Qualified Subsidiaries that executed a Joinder Agreement in accordance with the terms of the Loan Agreement (as defined below)(hereinafter collectively referred to as the “Borrower”), (b) the several banks and other financial institutions or entities from time to time parties to the Loan Agreement (collectively, referred to as “Lender”) and (c) HERCULES CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent for itself and the Lender (in such capacity, the “Agent”). Capitalized terms used herein without definition shall have the same meanings given them in the Loan Agreement (as defined below).

LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • July 10th, 2020 • Oak Street Health, Inc. • Services-health services • California

This LOAN AND SECURITY AGREEMENT is made and dated as of August 7, 2017 and is entered into by and among (a) (i) OAK STREET HEALTH, LLC, an Illinois limited liability company (“Oak Street Health”), (ii) OAK STREET HEALTH MSO, LLC, an Illinois limited liability company (“Oak Street Health MSO”), (iii) ACORN NETWORK, LLC, an Illinois limited liability company (“Acorn Network”), (iv) OAK STREET HEALTH PHYSICIANS GROUP, P.C., an Illinois professional corporation (“OSH Physicians”), (v) OSH-IL PHYSICIANS GROUP, LLC, an Illinois limited liability company (“OSH-IL”), (vi) OSH-MI PHYSICIANS GROUP, PC, a Michigan professional corporation (“OSH-MI”), (vii) OSH-IN PHYSICIANS GROUP, PC, an Indiana professional corporation (“OSH-IN”), and (viii) each of the Qualified Subsidiaries and Physician’s Groups of any of the foregoing (the “Additional Borrowers”; and together with Oak Street Health, Oak Street Health MSO, Acorn Network, OSH Physicians, OSH-IL, OSH-MI and OSH-IN, jointly and severally, indiv

EX-10.1 2 d710342dex101.htm EX-10.1 Execution Version LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • May 5th, 2020 • New York

THIS LOAN AND SECURITY AGREEMENT is made and dated as of March 20, 2019 and is entered into by and among CONSTELLATION PHARMACEUTICALS, INC., a Delaware corporation, together with its Subsidiaries that deliver a Joinder Agreement pursuant to Section 7.13 of this Agreement (hereinafter collectively referred to as, the “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (collectively, referred to as “Lender”) and HERCULES CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent and collateral agent for itself and the Lender (in such capacity, the “Agent”).

LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • November 4th, 2019 • Oak Street Health, Inc. • Services-health services • California

This LOAN AND SECURITY AGREEMENT is made and dated as of August 7, 2017 and is entered into by and among (a) (i) OAK STREET HEALTH, LLC, an Illinois limited liability company (“Oak Street Health”), (ii) OAK STREET HEALTH MSO, LLC, an Illinois limited liability company (“Oak Street Health MSO”), (iii) ACORN NETWORK, LLC, an Illinois limited liability company (“Acorn Network”), (iv) OAK STREET HEALTH PHYSICIANS GROUP, P.C., an Illinois professional corporation (“OSH Physicians”), (v) OSH-IL PHYSICIANS GROUP, LLC, an Illinois limited liability company (“OSH-IL”), (vi) OSH-MI PHYSICIANS GROUP, PC, a Michigan professional corporation (“OSH-MI”), (vii) OSH-IN PHYSICIANS GROUP, PC, an Indiana professional corporation (“OSH-IN”), and (viii) each of the Qualified Subsidiaries and Physician’s Groups of any of the foregoing (the “Additional Borrowers”; and together with Oak Street Health, Oak Street Health MSO, Acorn Network, OSH Physicians, OSH-IL, OSH-MI and OSH-IN, jointly and severally, indiv

LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • March 26th, 2019 • Aldeyra Therapeutics, Inc. • Pharmaceutical preparations • New York

THIS LOAN AND SECURITY AGREEMENT is made and dated as of March 25, 2019 and is entered into by and between Aldeyra Therapeutics, Inc., a Delaware corporation (“Aldeyra”), Helio Vision, LLC, a Delaware limited liability company, and each of Aldeyra’s Qualified Subsidiaries (hereinafter collectively referred to as the “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (collectively, referred to as “Lender”) and HERCULES CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent and collateral agent for itself and Lender (in such capacity, the “Agent”).

LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • March 21st, 2019 • Constellation Pharmaceuticals Inc • Pharmaceutical preparations • New York

THIS LOAN AND SECURITY AGREEMENT is made and dated as of March 20, 2019 and is entered into by and among CONSTELLATION PHARMACEUTICALS, INC., a Delaware corporation, together with its Subsidiaries that deliver a Joinder Agreement pursuant to Section 7.13 of this Agreement (hereinafter collectively referred to as, the “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (collectively, referred to as “Lender”) and HERCULES CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent and collateral agent for itself and the Lender (in such capacity, the “Agent”).

LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • March 13th, 2019 • Arsanis, Inc. • Biological products, (no disgnostic substances) • California

THIS LOAN AND SECURITY AGREEMENT is made and dated as of October 19, 2018 and is entered into by and between X4 PHARMACEUTICALS, INC. a Delaware corporation, and each of its Qualified Subsidiaries (hereinafter collectively referred to as the “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (collectively, referred to as “Lender”) and HERCULES CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent and collateral agent for itself and the Lender (in such capacity, the “Agent”).

LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • July 3rd, 2018 • Merrimack Pharmaceuticals Inc • Pharmaceutical preparations • California

THIS LOAN AND SECURITY AGREEMENT is made and dated as of July 2, 2018 and is entered into by and between MERRIMACK PHARMACEUTICALS, INC., a Delaware corporation, and each of its Qualified Subsidiaries (collectively referred to as “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (collectively, referred to as “Lender”) and HERCULES CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent and collateral agent for itself and Lender (in such capacity, “Agent”).

LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • October 2nd, 2017 • Exicure, Inc. • Blank checks • California

THIS LOAN AND SECURITY AGREEMENT is made and dated as of February 17, 2016 and is entered into by and among EXICURE, INC., a Delaware corporation (hereinafter referred to as the “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (collectively, referred to as “Lender”) and HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent for itself and the Lender (in such capacity, the “Agent”).

LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • June 7th, 2017 • Antares Pharma, Inc. • Surgical & medical instruments & apparatus • California

This LOAN AND SECURITY AGREEMENT is made and dated as of June 6, 2017 and is entered into by and among (a) ANTARES PHARMA, INC., a Delaware corporation, and each of its Qualified Subsidiaries (hereinafter collectively referred to as the “Borrower”), (b) the several banks and other financial institutions or entities from time to time parties to this Agreement (collectively, referred to as “Lender”), and (c) HERCULES CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent and collateral agent for itself and the Lender (in such capacity, the “Agent”).

LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • March 23rd, 2017 • Verastem, Inc. • Pharmaceutical preparations • California

This LOAN AND SECURITY AGREEMENT is made and dated as of March 21, 2017, and is entered into by and among (a) VERASTEM, INC., a Delaware corporation (“Verastem”), and each of its Qualified Subsidiaries (hereinafter collectively referred to as the “Borrower”), (b) the several banks and other financial institutions or entities from time to time parties to this Agreement (collectively, referred to as “Lender”), and (c) HERCULES CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent and collateral agent for itself and the Lender (in such capacity, the “Agent”).

AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • November 1st, 2016 • Edge Therapeutics, Inc. • Pharmaceutical preparations • New York

THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT is made and dated as of August 1, 2016 and is entered into by and among EDGE THERAPEUTICS, INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (collectively, referred to as “Lender”) and HERCULES CAPITAL, INC. formerly known as Hercules Technology Growth Capital, Inc., a Maryland corporation, in its capacity as administrative agent and collateral agent for itself and Lender (in such capacity, “Agent”).

LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • November 12th, 2015 • Mast Therapeutics, Inc. • Pharmaceutical preparations • California

THIS LOAN AND SECURITY AGREEMENT is made and dated as of August 11, 2015 and is entered into by and among MAST THERAPEUTICS, INC., a Delaware corporation, and each of its Qualified Subsidiaries (hereinafter collectively referred to as “Borrower”), HERCULES TECHNOLOGY III, L.P., a Delaware limited partnership, and the several banks and other financial institutions or entities from time to time parties to this Agreement (collectively referred to as “Lender”), and HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation, as administrative agent (“Agent”).

LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • August 14th, 2015 • Edge Therapeutics, Inc. • Pharmaceutical preparations • New York

THIS LOAN AND SECURITY AGREEMENT is made and dated as of August 28, 2014 and is entered into by and between EDGE THERAPEUTICS, INC., a Delaware corporation (“Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (collectively, referred to as “Lender”) and HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent for itself and Lender (in such capacity, the “Agent”).

LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • March 5th, 2015 • Dynavax Technologies Corp • Pharmaceutical preparations • California

THIS LOAN AND SECURITY AGREEMENT is made and dated as of December 23, 2014 and is entered into by and between DYNAVAX TECHNOLOGIES CORPORATION, a Delaware corporation (hereinafter referred to as the “Borrower”) the several banks and other financial institutions or entities from time to time parties to this Agreement (collectively, referred to as “Lender”) and HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent for itself and the Lender (in such capacity, the “Agent”).

LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • January 29th, 2015 • Viewray Inc • Electromedical & electrotherapeutic apparatus • California

Reference is made to that certain Loan and Security Agreement dated December [ ], 2013 (as amended from time to time, the “Loan Agreement”) by and among the several banks and other financial institutions or entities from time to time party thereto (collectively, the “Lender”), Hercules Technology Growth Capital, Inc., as agent for the Lender (the “Agent”) and ViewRay Incorporated (the “Company”), as Borrower. All capitalized terms not defined herein shall have the same meaning as defined in the Loan Agreement.

LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • January 8th, 2015 • Cerulean Pharma Inc. • Pharmaceutical preparations • California

THIS LOAN AND SECURITY AGREEMENT is made and dated as of January 8, 2015 and is entered into by and between CERULEAN PHARMA INC., a Delaware corporation (“Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (collectively, referred to as “Lender”) and HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent for itself and the Lender (in such capacity, the “Agent”).

LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • December 29th, 2014 • Viewray Inc • Electromedical & electrotherapeutic apparatus • California

THIS LOAN AND SECURITY AGREEMENT is made and dated as of December 16, 2013 and is entered into by and between ViewRay Incorporated, a Delaware corporation, and each of its subsidiaries (hereinafter collectively referred to as the “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (collectively, referred to as “Lender”) and HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent for itself and the Lender (in such capacity, the “Agent”).

LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • November 21st, 2014 • Genocea Biosciences, Inc. • Biological products, (no disgnostic substances) • California

THIS LOAN AND SECURITY AGREEMENT is made and dated as of November 20, 2014 and is entered into by and between GENOCEA BIOSCIENCES, INC., a Delaware corporation (“Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (collectively, referred to as “Lender”) and HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent for itself and the Lender (in such capacity, the “Agent”).

LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • September 10th, 2014 • Edge Therapeutics, Inc. • Pharmaceutical preparations • New York

THIS LOAN AND SECURITY AGREEMENT is made and dated as of August 28, 2014 and is entered into by and between EDGE THERAPEUTICS, INC., a Delaware corporation (“Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (collectively, referred to as “Lender”) and HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent for itself and Lender (in such capacity, the “Agent”).

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