Amendment To Amended And Restated Loan And Security Agreement Sample Contracts

Hercules Technology Growth Capital, Inc. – Sixth Amendment to Amended and Restated Loan and Security Agreement (November 1st, 2018)

THIS SIXTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this "Sixth Amendment" or this "Amendment") is entered into as of October 26, 2018 (the "Sixth Amendment Closing Date"), by and among HERCULES FUNDING II LLC, a Delaware limited liability company ("Borrower"), the lenders identified on the signature page hereof (such lenders, together with their respective successors and assigns, are referred to hereinafter each individually as a "Lender" and collectively as the "Lenders"), and WELLS FARGO CAPITAL FINANCE, LLC, formerly known as Wells Fargo Foothill, LLC, a Delaware limited liability company, as the arranger and administrative agent for the Lenders (in such capacity, "Agent"), with reference to the following facts, which shall be construed as part of this Sixth Amendment:

Community Choice Financial Inc. – Third Amendment to Amended and Restated Loan and Security Agreement (September 6th, 2018)

THIS THIRD AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this "Amendment") dated as of AUGUST 31, 2018 (the "Amendment Effective Date"), is by and between IVY FUNDING NINE, LLC, a Delaware limited liability company (together with its successors and assigns, "Lender") and CCFI FUNDING II, LLC, an Ohio limited liability company ("Debtor").

Cancer Genetics, Inc – WAIVER AND THIRD AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY Agreement (August 21st, 2018)

This Waiver and Third Amendment to Amended and Restated Loan and Security Agreement (this "Amendment") is entered into this 20th day of August, 2018 by and among (a) SILICON VALLEY BANK, a California corporation ("Bank"), and (b) (i) CANCER GENETICS, INC., a Delaware corporation ("Parent"), (ii) GENTRIS, LLC, a Delaware limited liability company ("Delaware Subsidiary"), (iii) VIVOPHARM, LLC, a Delaware limited liability company ("Vivo"), and (iv) RDDT A VIVOPHARM COMPANY PTY LTD, a company incorporated under the laws of Australia ("Australian Borrower", and together with Parent, Delaware Subsidiary, and Vivo, jointly and severally, individually and collectively, "Borrower").

Tocagen Inc – First Amendment to Amended and Restated Loan and Security Agreement (August 9th, 2018)

THIS FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this "Amendment") is entered into as of August 3, 2018 (the "First Amendment Date"), by and among OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 133 North Fairfax Street, Alexandria, Virginia 22314, as collateral agent (in its individual capacity, "Oxford"; and in its capacity as collateral agent, "Collateral Agent"), the Lenders listed on Schedule 1.1 of the Loan Agreement (as defined below) or otherwise party thereto from time to time including Oxford in its capacity as a Lender and SILICON VALLEY BANK, a California corporation with an office located at 3003 Tasman Drive, Santa Clara, CA 95054 ("Bank" or "SVB") (each a "Lender" and collectively, the "Lenders"), and TOCAGEN INC., a Delaware corporation with offices located at 4242 Campus Point Ct., San Diego, CA 92121 ("Borrower").

Third Amendment to Amended and Restated Loan and Security Agreement (August 9th, 2018)
First Amendment to Amended and Restated Loan and Security Agreement (August 7th, 2018)

This First Amendment to Amended and Restated Loan and Security Agreement (this "Amendment") is entered into as of August 2, 2018, by and between EAST WEST BANK ("Bank") and MAXWELL TECHNOLOGIES, INC. ("Borrower").

Fifth Street Senior Floating Rate – Second Amendment to Amended and Restated Loan and Security Agreement (July 19th, 2018)
Cancer Genetics, Inc – JOINDER AND SECOND AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY Agreement (June 27th, 2018)

This Joinder and Second Amendment to Amended and Restated Loan and Security Agreement (this "Amendment") is entered into this 21st day of June, 2018 by and among (a) SILICON VALLEY BANK, a California corporation ("Bank"), and (b) (i) CANCER GENETICS, INC., a Delaware corporation ("Parent"), (ii) GENTRIS, LLC, a Delaware limited liability company ("Delaware Subsidiary" and together with Parent, individually and collectively, jointly and severally, the "Existing Borrower"), (iii) VIVOPHARM, LLC, a Delaware limited liability company ("Vivo"), and (iv) RDDT A VIVOPHARM COMPANY PTY LTD, a company incorporated under the laws of Australia ("Australian Borrower", and together with Vivo, jointly and severally, individually and collectively, "New Borrower") (Australian Borrower, together with Vivo and Existing Borrower, jointly and severally, individually and collectively, "Borrower").

Fifth Street Senior Floating Rate – First Amendment to Amended and Restated Loan and Security Agreement (May 16th, 2018)

THIS FIRST AMENDMENT TO THE AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this Amendment), is made as of May 14, 2018, by and among Oaktree Strategic Income Corporation, as the collateral manager (in such capacity, the Collateral Manager), OCSI Senior Funding II LLC, as the borrower (the Borrower), Citibank, N.A., as administrative agent (the Administrative Agent) and Citibank, N.A., as the sole lender (the Lender).

Senseonics Holdings, Inc. – Third Amendment to Amended and Restated Loan and Security Agreement (May 10th, 2018)

This summary highlights selected information from this prospectus and does not contain all of the information that you need to consider in making your investment decision. You should carefully read the entire prospectus, the applicable prospectus supplement and any related free writing prospectus, including the risks of investing in our securities discussed under the heading ''Risk Factors'' contained in the applicable prospectus supplement and any related free writing prospectus, and under similar headings in the other documents that are incorporated by reference into this prospectus. You should also carefully read the information incorporated by reference into this prospectus, including our financial statements, and the exhibits to the registration statement of which this prospectus is a part.

First Amendment to Amended and Restated Loan and Security Agreement (May 8th, 2018)

THIS FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this "Amendment") is entered into as of January 26, 2018, between SILICON VALLEY BANK, a California corporation with a loan production office located at 387 Park Avenue South, 2nd Floor, New York, New York 10016 ("Bank"), and (b) TELARIA, INC. (f/k/a Tremor Video, Inc.), a Delaware corporation, with its chief executive office located at 1501 Broadway, Suite 801, New York, New York 10036 (the "Borrower").

RMG Networks Holding Corp – First Amendment to Amended and Restated Loan and Security Agreement (April 3rd, 2018)

THIS FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this "Amendment") is entered into effective as of April 2, 2018, by and among SILICON VALLEY BANK, a California corporation ("Bank"), and RMG NETWORKS HOLDING CORPORATION, a Delaware corporation, RMG NETWORKS, INC., a Delaware corporation, RMG ENTERPRISE SOLUTIONS, INC., a Delaware corporation, RMG NETWORKS LIMITED, a corporation formed under the laws of the United Kingdom, and RMG NETWORKS MIDDLE EAST, LLC, a Nevada limited liability company (collectively, "Borrower").

Community Choice Financial Inc. – Second Amendment to Amended and Restated Loan and Security Agreement (April 2nd, 2018)

THIS SECOND AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this "Amendment") dated as of MARCH 30, 2018 (the "Amendment Date"), is by and between IVY FUNDING NINE, LLC, a Delaware limited liability company (together with its successors and assigns, "Lender") and CCFI FUNDING II, LLC, an Ohio limited liability company ("Debtor").

Community Choice Financial Inc. – First Amendment to Amended and Restated Loan and Security Agreement and Modification of Promissory Note (April 2nd, 2018)

THIS FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT AND MODIFICATION OF PROMISSORY NOTE (this "Amendment") dated as of JULY 19, 2017 (the "Amendment Date"), is by and between IVY FUNDING NINE, LLC, a Texas limited liability company (together with its successors and assigns, "Lender") and CCFI FUNDING II, LLC, an Ohio limited liability company ("Debtor").

First Amendment to Amended and Restated Loan and Security Agreement (March 13th, 2018)

This First Amendment to Amended and Restated Loan and Security Agreement (this "Agreement") is entered as of March 12, 2018, by and between NTN Buzztime, Inc., a Delaware corporation ("Borrower"), and East West Bank ("Bank").

Second Amendment to Amended and Restated Loan and Security Agreement (March 5th, 2018)

THIS SECOND AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this "Amendment") dated as of February 28, 2018, is entered into between Enphase Energy, Inc., a Delaware corporation ("Borrower"), each Lender (as defined in Section 14 of the Agreement (as defined below)), Obsidian Agency Services, Inc., a California corporation, in its capacity as collateral agent (the "Collateral Agent") for Lenders and Cortland Capital Market Services LLC, in its capacity as administrative Agent (the "Administrative Agent" and together with Collateral Agent, the "Agents").

Sixth Amendment to Amended and Restated Loan and Security Agreement (March 2nd, 2018)

This SIXTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this Amendment) is dated as of March 1, 2018 by and among SUMMER INFANT, INC. and SUMMER INFANT (USA), INC., as Borrowers under the Loan Agreement referenced below (Borrowers), SUMMER INFANT CANADA, LIMITED and SUMMER INFANT EUROPE LIMITED, as Guarantors under the Loan Agreement referenced below (Guarantors and together with Borrowers, Obligors), those Lenders that are party to the Loan Agreement referenced below and are parties to this Amendment, and BANK OF AMERICA, N.A., in its capacity as Agent for the Lenders under the Loan Agreement referenced below (Agent).

Seventh Amendment to Amended and Restated Loan and Security Agreement (February 27th, 2018)

THIS SEVENTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this "Amendment"), dated as of November 14, 2017, is by and among ADVANCED MICRO DEVICES, INC., a Delaware corporation ("Parent"), AMD INTERNATIONAL SALES & SERVICE, LTD., a Delaware corporation ("AMDISS"; together with Parent each, individually, a "Borrower" and, collectively, the "Borrowers"), ATI TECHNOLOGIES ULC, an Alberta unlimited liability corporation (the "Canadian Guarantor" and together with the Borrowers, the "Obligors"), the Lenders (as defined below) party hereto, and BANK OF AMERICA, N.A., as agent for the Lenders (in such capacity, the "Agent"). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed thereto in the Loan Agreement (defined below).

Airgain Inc – Fourth Amendment to Amended and Restated Loan and Security Agreement (November 14th, 2017)

THIS FOURTH AMENDMENT to Amended and Restated Loan and Security Agreement (this "Amendment") is entered into this ____ day of September, 2017, by and between SILICON VALLEY BANK, a California corporation ("Bank") and AIRGAIN, INC., a California corporation ("Borrower").

Sixth Amendment to Amended and Restated Loan and Security Agreement (November 2nd, 2017)

THIS SIXTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this "Amendment"), dated as of September 19, 2017, is by and among ADVANCED MICRO DEVICES, INC., a Delaware corporation ("Parent"), AMD INTERNATIONAL SALES & SERVICE, LTD., a Delaware corporation ("AMDISS"; together with Parent each, individually, a "Borrower" and, collectively, the "Borrowers"), ATI TECHNOLOGIES ULC, an Alberta unlimited liability corporation (the "Canadian Guarantor" and together with the Borrowers, the "Obligors"), the Lenders (as defined below) party hereto, and BANK OF AMERICA, N.A., as agent for the Lenders (in such capacity, the "Agent"). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed thereto in the Loan Agreement (defined below).

Clearside Biomedical, Inc. – First Amendment to Amended and Restated Loan and Security Agreement (November 2nd, 2017)

THIS FIRST AMENDMENT to Amended and Restated Loan and Security Agreement (this "Amendment") is entered into as of October 31, 2017, by and among SILICON VALLEY BANK, a California corporation ("Bank"), as collateral agent (in such capacity, "Collateral Agent"), the Lenders listed on Schedule 1.1 hereof or otherwise a party hereto from time to time including Bank in its capacity as a Lender and ELM 2016-1 TRUST (as successor in interest to MIDCAP FUNDING XIII TRUST) and MIDCAP FINANCIAL TRUST (individually and collectively, jointly and severally, "MidCap") (each a "Lender" and collectively, the "Lenders"), and CLEARSIDE BIOMEDICAL, INC., a Delaware corporation ("Borrower").

Third Amendment to Amended and Restated Loan and Security Agreement (October 23rd, 2017)

This THIRD AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this "Amendment"), dated as of October 24, 2016 ("Amendment Date"), by and among BLUEGREEN CORPORATION, a Florida corporation ("Borrower"), each of the financial institutions from time to time party hereto (individually, each a "Lender", and collectively, the "Lenders") and PACIFIC WESTERN BANK, a California state-chartered bank, as successor-by-merger to CapitalSource Bank, as administrative, payment and collateral agent for itself, as a Lender and the other Lenders (in such capacities, "Agent").

First Amendment to Amended and Restated Loan and Security Agreement (October 23rd, 2017)

This FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this "Amendment"), dated as of December 6, 2013 ("Amendment Date"), by and among BLUEGREEN CORPORATION, a Massachusetts corporation ("Borrower"), each of the financial institutions from time to time party hereto (individually, each a "Lender", and collectively, the "Lenders") and CAPITALSOURCE BANK, a California industrial bank, as administrative, payment and collateral agent for itself, as a Lender and the other Lenders (in such capacities, "Agent").

Roku, Inc – Second Amendment to Amended and Restated Loan and Security Agreement (September 1st, 2017)

This Second Amendment to Amended and Restated Loan and Security Agreement (this Amendment) is entered into this 9lh day of June, 2017, by and between SILICON VALLEY BANK, a California corporation (Bank) and ROKU, INC., a Delaware corporation (Borrower).

Roku, Inc – First Amendment to Amended and Restated Loan and Security Agreement (September 1st, 2017)

THIS FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this Amendment) is entered into this 14th day of May, 2015, by and between SILICON VALLEY BANK, a California corporation (Bank) and ROKU, INC., a Delaware corporation (Borrower).

Joinder and Second Amendment to Amended and Restated Loan and Security Agreement (August 7th, 2017)

This Joinder and Second Amendment to Amended and Restated Loan and Security Agreement (the "Amendment") is made as of the 10th day of April, 2017, by and among:

Roku, Inc – Second Amendment to Amended and Restated Loan and Security Agreement (July 17th, 2017)

This Second Amendment to Amended and Restated Loan and Security Agreement (this Amendment) is entered into this 9lh day of June, 2017, by and between SILICON VALLEY BANK, a California corporation (Bank) and ROKU, INC., a Delaware corporation (Borrower).

Roku, Inc – First Amendment to Amended and Restated Loan and Security Agreement (July 17th, 2017)

THIS FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this Amendment) is entered into this 14th day of May, 2015, by and between SILICON VALLEY BANK, a California corporation (Bank) and ROKU, INC., a Delaware corporation (Borrower).

TGC Industries, Inc. – Thirteenth Amendment to Amended and Restated Loan and Security Agreement (June 30th, 2017)

THIS THIRTEENTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this Amendment) dated as of JUNE 30, 2017 (the Effective Date), is by and between SOVEREIGN BANK, a Texas state bank (together with its successors and assigns, Lender), and DAWSON GEOPHYSICAL COMPANY, a Texas corporation (Debtor), formerly known as TGC INDUSTRIES, INC.

TGC Industries, Inc. – Twelfth Amendment to Amended and Restated Loan and Security Agreement and Amendment to Letter of Credit Note (June 30th, 2017)

THIS TWELFTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT AND AMENDMENT TO LETTER OF CREDIT NOTE (this Amendment) dated as of NOVEMBER 23, 2016 (the Effective Date), is by and between SOVEREIGN BANK, a Texas state bank (together with its successors and assigns, Lender), and DAWSON GEOPHYSICAL COMPANY, a Texas corporation (Debtor), formerly known as TGC INDUSTRIES, INC.

Radiant Logistics – Second Amendment to Amended and Restated Loan and Security Agreement (June 20th, 2017)

THIS SECOND AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this "Amendment"), dated as of June 14, 2017, is entered into by and among (i) Radiant Logistics, Inc., a Delaware corporation, Radiant Global Logistics, Inc., a Washington corporation, Radiant Transportation Services, Inc., a Delaware corporation, Radiant Logistics Partners LLC, a Delaware limited liability company, Adcom Express, Inc., a Minnesota corporation, Radiant Customs Services, Inc., a New York corporation (formerly known as SBA Consolidators, Inc.), DBA Distribution Services, Inc., a New Jersey corporation, International Freight Systems (of Oregon), Inc., an Oregon corporation, Radiant Off-Shore Holdings LLC, a Washington limited liability company, Green Acquisition Company, Inc., a Washington corporation, On Time Express, Inc., an Arizona corporation, Clipper Exxpress Company, a Delaware corporation, Radiant Global Logistics (CA), Inc., a Delaware corporation (formerly known as Wheels MSM US, Inc.),

Nci – Fifth Amendment to Amended and Restated Loan and Security Agreement (May 25th, 2017)

THIS FIFTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this Amendment), dated as of May 22, 2017, is made by and among NCI, INC., a Delaware corporation (the Company), NCI INFORMATION SYSTEMS, INCORPORATED, a Virginia corporation (NCI Virginia), and ADVANCEMED CORPORATION, a Virginia corporation (AdvanceMed, and together with the Company, NCI Virginia and each other Subsidiary that becomes a party to the Loan Agreement (as such term is defined below) from time to time in accordance with the provisions set forth therein, collectively, the Borrowers, and individually, a Borrower), the Lenders (as defined below) party hereto, and SUNTRUST BANK, in its capacity as Administrative Agent for the Lenders (in such capacity, the Administrative Agent), as Issuing Bank and as Swingline Lender.

Vitamin Shoppe Inc – Fourth Amendment to Amended and Restated Loan and Security Agreement (May 10th, 2017)

This Fourth Amendment to Amended and Restated Loan and Security Agreement (this Fourth Amendment) is executed as of the 9th day of May, 2017 (the Fourth Amendment Effective Date), by and among Vitamin Shoppe Industries Inc., a New York corporation (Vitamin Shoppe), Vitamin Shoppe Mariner, Inc., a Delaware corporation (VS Mariner), Vitamin Shoppe Global, Inc., a Delaware corporation (VS Global), VS Hercules LLC, a Delaware limited liability company (VS Hercules), FDC Vitamins, LLC, a Delaware limited liability company (FDC Vitamins), Betancourt Sports Nutrition, LLC, a Florida limited liability company (BSN), Vitamin Shoppe Procurement Services, Inc., a Delaware corporation (VSPS, and collectively with Vitamin Shoppe, VS Mariner, VS Global, VS Hercules, FDC Vitamins and BSN, the Borrowers, and each individually, a Borrower), each Guarantor party hereto, the Lenders party hereto and JPMorgan Chase Bank, N.A., a national banking association, in its capacity as agent for the Lenders (in su

Seventh Amendment to Amended and Restated Loan and Security Agreement (May 9th, 2017)

THIS SEVENTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this "Amendment") is entered into as of March 14, 2017, by and among the Lenders party hereto, WELLS FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company, as the agent for the Lenders (in such capacity, "Agent"), Century Aluminum Company, a Delaware corporation ("Century"), CENTURY ALUMINUM OF SOUTH CAROLINA, INC. (successor in interest to Berkeley Aluminum, Inc.), a Delaware corporation ("Century South Carolina"), Century Aluminum of West Virginia, Inc., a Delaware corporation ("Century West Virginia"), CENTURY ALUMINUM OF KENTUCKY GENERAL PARTNERSHIP, a Kentucky general partnership ("Century of Kentucky GP"), NSA general partnership, a Kentucky general partnership ("NSA"), and CENTURY ALUMINUM SEBREE LLC, a Delaware limited liability company ("Century Sebree"; and together with Century, Century South Carolina, Century West Virginia, Century of Kentucky GP and NSA, each a "Borrower" and collectivel

Senseonics Holdings, Inc. – First Amendment to Amended and Restated Loan and Security Agreement (May 4th, 2017)

THIS FIRST AMENDMENT to the Amended and Restated Loan and Security Agreement (this "Amendment") is entered into as of March 29, 2017 (the "Amendment Date"), by and among OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 133 North Fairfax Street, Alexandria, Virginia 22314 (in its individual capacity, "Oxford"; and in its capacity as Collateral Agent, "Collateral Agent"), the Lenders listed on Schedule 1.1 thereof or otherwise a party thereto from time to time including Oxford in its capacity as a Lender and SILICON VALLEY BANK, a California corporation with an office located at 3003 Tasman Drive, Santa Clara, CA 95054 (each a "Lender" and collectively, the "Lenders"), and SENSEONICS, INCORPORATED with an office located at 20451 Seneca Meadows Parkway, Germantown, Maryland 20876 and SENSEONICS HOLDINGS, INC., a Delaware corporation (formerly ASN TECHNOLOGIES, INC., a Nevada corporation) with offices located at 20451 Seneca Meadows Parkway, Germantown, M