AMENDMENT NO. 5 TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 13th, 2023 • Kaspien Holdings Inc. • Retail-record & prerecorded tape stores • New York
This Loan and Security Agreement (as it may be amended, restated or otherwise modified from time to time, this “Agreement”) is entered into on February 20, 2020, by and among KASPIEN INC., a Washington corporation (f/k/a Etailz Inc.) (“Kaspien”, and together with any other Borrower party hereto from time to time, collectively, “Borrowers”), any Loan Party Obligor or Other Obligor party hereto from time to time, as Loan Party Obligors (as defined herein), the Lenders party hereto from time to time, and ECLIPSE BUSINESS CAPITAL LLC (f/k/a Encina Business Credit, LLC), as agent for the Lenders (in such capacity, “Agent”). The Annexes and Exhibits to this Agreement, as well as the Perfection Certificate attached to this Agreement, are an integral part of this Agreement and are incorporated herein by reference.
