SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 14th, 2007 • Athersys, Inc / New • Pharmaceutical preparations • California
This Second Amendment to Loan and Security Agreement (this “Amendment”) is made as of October 30, 2007, by and among ABT HOLDING COMPANY (formerly ATHERSYS, INC.), a Delaware corporation (“ABTH”), ADVANCED BIOTHERAPEUTICS, INC., a Delaware corporation (“ABI,” and collectively with ABTH, the “Borrowers”), and VENTURE LENDING & LEASING IV, INC. (“VLL4”), and COSTELLA KIRSCH IV, L.P. (“CK,” and collectively with VLL4, the “Lenders”).
LOAN AND SECURITY AGREEMENT Dated as of November 2, 2004 among ATHERSYS, INC., a Delaware corporation and ADVANCED BIOTHERAPEUTICS, INC., a Delaware corporation each sometimes individually as a “Borrower”, and sometimes collectively as “Borrowers”,...Loan and Security Agreement • November 14th, 2007 • Athersys, Inc / New • Pharmaceutical preparations • California
The Borrowers, Agent and Lenders identified on the cover page of this document have entered or anticipate entering into one or more transactions pursuant to which each Lender severally, but not jointly, agrees to make available to Borrowers a loan facility governed by the terms and conditions set forth in this document and one or more Supplements executed by Borrowers, Agent and Lenders which incorporate this document by reference. Each Supplement constitutes a supplement to and forms part of this document, and will be read and construed as one with this document, so that this document and the Supplement constitute a single agreement among the parties (collectively referred to as this “Agreement”).
