loan and securities EXCHANGE AGREEMENTLoan and Securities Exchange Agreement • December 21st, 2023 • Scott John K Jr. • In vitro & in vivo diagnostic substances • Colorado
THIS LOAN AND SECURITIES EXCHANGE AGREEMENT (this “Agreement”) is made effective as of the 27th day of November, 2023 (the “Effective Date”), by and between Navidea Biopharmaceuticals, Inc., a Delaware corporation (the “Company”), and John K. Scott, Jr., an individual residing in the State of Colorado (the “Investor”).
SECOND AMENDMENT TO SECURITY AGREEMENTSecurity Agreement • December 21st, 2023 • Scott John K Jr. • In vitro & in vivo diagnostic substances
THIS SECOND AMENDMENT TO SECURITY AGREEMENT (this “Amendment”), dated as of November 27, 2023, is made by and between Navidea Biopharmaceuticals, Inc., a Delaware corporation with an address of 4995 Bradenton Ave #240, Dublin, OH 43017 (“Debtor”) and John Kim Scott Jr., an individual (“Secured Party”).
AMENDED AND RESTATED SECURED TERM NOTESecured Term Note • December 21st, 2023 • Scott John K Jr. • In vitro & in vivo diagnostic substances
This Amended and Restated Secured Term Note (the “Note”) amends and restates in its entirety that certain Secured Term Note dated April 10, 2022 made by the Borrower in favor of the Lender in the original principal amount of $2,500,000 (the “Original Note”), all of which was loaned to the Borrower. On June 29, 2023, the Borrower and the Lender agreed to exchange $1,073,600 principal amount of the Original Note for 12,200,000 shares of the Borrower’s common stock based on the closing stock price on June 28, 2023. On the date hereof, the Lender has agreed to forgive $100,000 of principal outstanding under the Original Note and to advance an additional loan in the principal amount of $750,000.00 pursuant to a separate secured convertible promissory note. In addition, the Borrower and the Lender have agreed to extend the maturity date of the Original Note for an additional 12 months.
