Lenders and Commitments. Schedule 1.1 of the Loan and Security Agreement, the Schedules of Lenders and Commitments, is hereby amended and restated in its entirety with Annex A hereto.
Lenders and Commitments. 5.11 Corporate Structure; Capital Stock
Lenders and Commitments. Lender Commitment Commitment Percentage Oxford Finance Corporation $5,500,000.00 42.308% Silicon Valley Bank $3,750,000.00 28.846% Leader Lending, LLC – Series A $1,875,000.00 14.423% Leader Lending, LLC – Series B $1,875,000.00 14.423% TOTAL $13,000,000.00 100.000% Schedule 1.1 to Loan and Security Agreement EXHIBIT A The Collateral consists of all of Borrower’s right, title and interest in and to the following personal property: All goods, Accounts (including health-care receivables), Equipment, Inventory, contract rights or rights to payment of money, leases, license agreements, franchise agreements, General Intangibles (except as provided below), commercial tort claims, documents, instruments (including any promissory notes), chattel paper (whether tangible or electronic), cash, deposit accounts, all certificates of deposit, fixtures, letters of credit rights (whether or not the letter of credit is evidenced by a writing), securities, and all other investment property, supporting obligations, and financial assets, whether now owned or hereafter acquired, wherever located; and all Borrower’s Books relating to the foregoing, and any and all claims, rights and interests in any of the above and all substitutions for, additions, attachments, accessories, accessions and improvements to and replacements, products, proceeds and insurance proceeds of any or all of the foregoing. Notwithstanding the foregoing, the Collateral does not include any of the following, whether now owned or hereafter acquired: any copyright rights, copyright applications, copyright registrations and like protections in each work of authorship and derivative work, whether published or unpublished, any patents, patent applications and like protections, including improvements, divisions, continuations, renewals, reissues, extensions, and continuations-in-part of the same, trademarks, service marks and, to the extent permitted under applicable law, any applications therefor, whether registered or not, and the goodwill of the business of Borrower connected with and symbolized thereby, know-how, operating manuals, trade secret rights, rights to unpatented inventions, and any claims for damage by way of any past, present, or future infringement of any of the foregoing; provided, however, the Collateral shall include all Accounts, license and royalty fees and other revenues, proceeds, or income arising out of or relating to any of the foregoing. Pursuant to the terms of a certain negative pled...
Lenders and Commitments. Second Lien Term Loan Facility Lender Second Lien Term Loan Commitment on Closing Date Credit Suisse $ 75,000,000 TOTAL COMMITMENT $ 75,000,000 SCHEDULE 3.08
Lenders and Commitments. 5.10 Unencumbered Properties
Lenders and Commitments. Term Loans Lender Term Loan Commitment Commitment Percentage Oxford Finance LLC $ 15,000,000 100.00 % TOTAL $ 15,000,000 100.00 % EXHIBIT A The Collateral consists of all of each Borrower’s right, title and interest in and to the following personal property: All of such Borrower’s present and after acquired personal property including, without limitation, goods, Accounts (including health-care receivables), Equipment, Inventory, contract rights or rights to payment of money, leases, license agreements, franchise agreements, General Intangibles, commercial tort claims, documents, instruments (including any promissory notes), chattel paper (whether tangible or electronic), cash, deposit accounts, all certificates of deposit, fixtures, letters of credit rights (whether or not the letter of credit is evidenced by a writing), securities, and all other investment property, supporting obligations, and financial assets, whether now owned or hereafter acquired, wherever located; and All Borrower’s Books relating to the foregoing, and any and all claims, rights and interests in any of the above and all substitutions for, additions, attachments, accessories, accessions and improvements to and replacements, products, proceeds and insurance proceeds of any or all of the foregoing. Notwithstanding the foregoing, the Collateral does not include:
Lenders and Commitments. 1.1(a) Existing Letters of Credit
Lenders and Commitments. Term A Loans Lender Term Loan Commitment Commitment Percentage OXFORD FINANCE LLC $25,000,000.00 100.00% TOTAL $25,000,000.00 100.00% Term B Loans Lender Term Loan Commitment Commitment Percentage OXFORD FINANCE LLC $20,000,000.00 100.00% TOTAL $20,000,000.00 100.00% Aggregate (all Term Loans) Lender Term Loan Commitment Commitment Percentage OXFORD FINANCE LLC $45,000,000.00 100.00% TOTAL $45,000,000.00 100.00%
Lenders and Commitments. Term A Loans Lender Term Loan Commitment Commitment Percentage Oxford Finance LLC $ 6,666,666.67 66.666666667 % Horizon Technology Finance Corporation $ 3,333,333.33 33.333333333 % TOTAL $ 10,000,000.00 100.00 % Term B Loans Lender Term Loan Commitment Commitment Percentage Oxford Finance LLC $ 5,333,333.33 66.666666667 % Horizon Technology Finance Corporation $ 2,666,666.67 33.333333333 % TOTAL $ 8,000,000.00 100.00 % Term C Loans Lender Term Loan Commitment Commitment Percentage Oxford Finance LLC $ 8,000,000.00 66.666666666 % Horizon Technology Finance Corporation $ 4,000,000.00 33.333333334 % TOTAL $ 12,000,000.00 100.00 % Aggregate (all Term Loans) Lender Term Loan Commitment Commitment Percentage Oxford Finance LLC $ 20,000,000.00 66.666666 % Horizon Technology Finance Corporation $ 10,000,000.00 33.333334 % TOTAL $ 30,000,000.00 100.00 % ANNEX A Loan Payment/Advance Request Form [see attached] DISBURSEMENT LETTER December 28, 2011 The undersigned, being the duly elected and acting SVP and Chief Financial Officer of ANACOR PHARMACEUTICALS, INC., a Delaware corporation with offices located at 0000 Xxxx Xxxxxx Xxxxxx, Xxxx Xxxx, Xxxxxxxxxx 00000-0000 (“Borrower”), does hereby certify to OXFORD FINANCE LLC (successor in interest to Oxford Finance Corporation; “Oxford” and “Lender”), as collateral agent (the “Collateral Agent”) and HORIZON TECHNOLOGY FINANCE CORPORATION (“Horizon”) in connection with that certain Loan and Security Agreement dated as of March 18, 2011 by and among Borrower, Collateral Agent and the Lenders from time to time party thereto (the “Loan Agreement”; with other capitalized terms used below having the meanings ascribed thereto in the Loan Agreement) that:
Lenders and Commitments. (a) The Lenders hereby agree that, as of the date hereof, each Lender’s Commitment is as set forth on Schedule 1 attached hereto.
