TERM LOAN AND SECURITY AGREEMENTLoan Modification Agreement • June 23rd, 2009 • A123 Systems, Inc. • Miscellaneous electrical machinery, equipment & supplies • Delaware
This TERM LOAN AND SECURITY AGREEMENT (the "Agreement") dated August 2, 2006 by and among SILICON VALLEY BANK, a California-chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 ("SVB"), as agent (the "Agent"), and the Lenders listed on Schedule 1.1 and otherwise party hereto, including without limitation, SVB and GOLD HILL VENTURE LENDING 03, L.P. ("Gold Hill") and A123 SYSTEMS, INC., a Delaware corporation, whose address is Arsenal on the Charles, One Kingsbury Avenue, Watertown, MA 02472 ("Borrower") provides the terms on which Lenders shall extend credit to Borrower and Borrower shall repay Lenders. The parties agree as follows:
A123 SYSTEMS, INC. SEVENTH AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • June 23rd, 2009 • A123 Systems, Inc. • Miscellaneous electrical machinery, equipment & supplies • Delaware
This Agreement dated as of April 3, 2009 is entered into by and among A123 Systems, Inc., a Delaware corporation (the "Company"), Ricardo Fulop, Gilbert Riley, Jr. and Yet-Ming Chiang (individually, a "Founder" and collectively, the "Founders"), the Massachusetts Institute of Technology ("M.I.T."), Comerica Bank ("Comerica"), Heller Financial Leasing, Inc. ("Heller"), Silicon Valley Bank ("SVB"), Gold Hill Venture Lending 03, L.P. ("Gold Hill"), the individuals and entities listed as Series A Purchasers on Exhibit A hereto (the "Series A Purchasers"), the individuals and entities listed as Series A-1 Purchasers on Exhibit A hereto (the "Series A-1 Purchasers"), the individuals and entities listed as Series B Purchasers on Exhibit A hereto (the "Series B Purchasers"), the individuals and entities listed as Series C Purchasers on Exhibit A hereto (the "Series C Purchasers"), the individuals and entities listed as Series D Purchasers on Exhibit A hereto (the "Series D Purchasers"), the in
