LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 6th, 2009 • Cytori Therapeutics, Inc. • Surgical & medical instruments & apparatus • New York
Contract Type FiledMarch 6th, 2009 Company Industry JurisdictionTHIS LOAN AND SECURITY AGREEMENT, dated as of October 14, 2008 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is among GENERAL ELECTRIC CAPITAL CORPORATION (“GECC”), in its capacity as agent for Lenders (as defined below) (together with its successors and assigns in such capacity, “Agent”), the financial institutions who are or hereafter become parties to this Agreement as lenders (together with GECC, collectively the “Lenders”, and each individually, a “Lender”), CYTORI THERAPEUTICS, INC., a Delaware corporation (“Borrower”), and the other entities or persons, if any, who are or hereafter become parties to this Agreement as guarantors (each a “Guarantor” and collectively, the “Guarantors”, and together with Borrower, each a “Loan Party” and collectively, “Loan Parties”).