Amendment to Loan and Security Agreement Sample Contracts

Amkor Technology, Inc. – EXECUTION VERSION FIRST AMENDMENT to LOAN AND SECURITY AGREEMENT THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (“Amendment”), dated as of July 8, 2019 (the “Amendment Date”), is among AMKOR TECHNOLOGY SINGAPORE HOLDING PTE. LTD., a company incorporated under the laws of Singapore (together with other parties executing this Amendment as a borrower, each a “Borrower” and collectively, the “Borrowers”), the undersigned Lenders (as defined by the Loan Agreement referenced below), and BANK OF AMERICA, N.A., as administrative agent for the Lenders (in such capacity, the “Agent”). RECITALS: The (August 1st, 2019)
Credit Acceptance Corp – FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (July 30th, 2019)

This FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT, dated as of July 16, 2019 (this “Amendment”), is entered into by and among CAC Warehouse Funding LLC V, a Delaware limited liability company (the “Borrower”), Credit Acceptance Corporation, a Michigan corporation (“Credit Acceptance”, the “Originator”, the “Servicer” or the “Custodian”) and Fifth Third Bank, an Ohio banking corporation, as the lender (the “Lender”), as the deal agent (the “Deal Agent”) and as the collateral agent (the “Collateral Agent”). Reference is hereby made to the Loan and Security Agreement, dated as of September 15, 2014 (the “Original Loan and Security Agreement”), as amended by the First Amendment to Loan and Security Agreement, dated as of June 11, 2015 (“Amendment No. 1”), the Second Amendment to Loan and Security Agreement, dated as of August 18, 2016 (“Amendment No. 2”), and by the Third Amendment to Loan and Security Agreement, dated as of August 15, 2018 (“Amendment No. 3” and, together with the Orig

Fat Brands, Inc – SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (July 29th, 2019)

This SECOND AMENDMENT to the Loan and Security Agreement referred to below, dated as of July 24, 2019 (this “Second Amendment”) by and among FAT BRANDS INC., a Delaware corporation, as borrower (the “Borrower”), the subsidiaries and affiliates of the Borrower listed on the signature pages hereto (the “Guarantors”, and together with the Borrower, the “Loan Parties”), The Lion Fund, L.P. (“Lion I”) and The Lion Fund II, L.P. (“Lion II”, together with Lion I, each a “Lender”, and together with their respective successors and assigns, collectively, the “Lenders”) and The Lion Fund, L.P., as collateral agent for the Lenders (in such capacity, the “Collateral Agent”). Capitalized terms not otherwise defined in this Second Amendment have the same meanings as specified in the Loan Agreement (as defined below), as amended by this Second Amendment.

Restoration Robotics, Inc. – FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (July 29th, 2019)

THIS FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Agreement”) is entered into as of June 14, 2019, among Restoration Robotics, Inc., a Delaware corporation (the “Borrower”), Solar Capital Ltd., a Maryland corporation (in its capacity as collateral agent, the “Collateral Agent”) and the Lenders party hereto, comprising the Required Lenders under the Loan Agreement referred to below (each, a “Lender” and, collectively, the “Lenders”).

Credit Acceptance Corp – SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (July 26th, 2019)

This SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT, dated as of July 25, 2019 (the “Amendment”), is made pursuant to that certain Loan and Security Agreement, dated as of September 30, 2015, as amended by the First Amendment to Loan and Security Agreement, dated as of July 18, 2017 ( as so amended, the “Agreement”), among CAC Warehouse Funding LLC VI, a Delaware limited liability company (the “Borrower”), Credit Acceptance Corporation, a Michigan corporation (“Credit Acceptance,” the “Originator,” the “Servicer” or the “Custodian”), Flagstar Bank, FSB (the “Lender”), and Flagstar Bank, FSB, as deal agent (the “Deal Agent”), and Flagstar Bank, FSB, as collateral agent (the “Collateral Agent”). Unless otherwise amended by the terms of this Amendment, terms used in this Amendment shall have the meanings assigned thereto in the Agreement.

Fuelcell Energy Inc – TENTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (July 25th, 2019)

THIS TENTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is dated this 24th day of July, 2019 (the “Tenth Amendment Effective Date”), by and among FUELCELL ENERGY, INC. (“FuelCell”) and each of its Qualified Subsidiaries, including VERSA POWER SYSTEMS, INC. and VERSA POWER SYSTEMS LTD. (collectively, the “Borrower”), the several banks and other financial institutions or entities a party to this Amendment (collectively, “Lender”) and HERCULES CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent for itself and Lender (in such capacity “Agent”).  Capitalized terms used herein without definition shall have the meanings given to them in the Loan Agreement (as defined below).

Castle Biosciences Inc – FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (July 19th, 2019)

THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into as of June 13, 2019 (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 CASTLE BIOSCIENCES, INC., a Delaware Corporation with offices located at 820 S. Friendswood, Suite 201, Friendswood, TX 77546 (“Borrower”).

Flat Rock Capital Corp. – SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (July 3rd, 2019)

This Second Amendment to Loan and Security Agreement (this “Amendment”), dated as of May 31, 2018, is entered into by and among FRC FUNDING I, LLC, a Delaware limited liability company “Borrower”), FLAT ROCK CAPITAL CORP., a Maryland corporation (“Servicer”), the financial institutions party hereto (the “Lenders”), and CADENCE Bank, N.A., as successor-by-merger to State Bank and Trust Company, as agent for the Lenders (in such capacity, “Agent”).

Super Micro Computer, Inc. – SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (July 2nd, 2019)

This SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT, dated to be effective as of June 27, 2019 (this “Amendment”) is made among SUPER MICRO COMPUTER, INC., a Delaware corporation (“SMCI”, together with any other party hereto as a Borrower, individually, a “Borrower” and, collectively, the “Borrowers”), the Lenders (as defined below) party to this Amendment, and BANK OF AMERICA, N.A., a national banking association (“Bank of America”), as administrative agent for the Lenders (in such capacity, “Agent”).

Apollo Endosurgery, Inc. – FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (June 27th, 2019)

THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”), dated as of June 20, 2019 (the “Amendment Effective Date”), is made by and among Apollo Endosurgery, Inc., a Delaware corporation (“Parent”), Apollo Endosurgery US, Inc., a Delaware corporation (“Apollo Endo”), Apollo Endosurgery International LLC, a Delaware limited liability company (“Apollo International”), Lpath Therapeutics Inc., a Delaware corporation (“Lpath”; together with Parent, Apollo Endo and Apollo International, individually and collectively, jointly and severally, “Borrower”), Solar Capital Ltd., a Maryland corporation (“Solar”), in its capacity as collateral agent (in such capacity, together with its successors and assigns in such capacity, “Collateral Agent”) and the Lenders listed on Schedule 1.1 of the Loan and Security Agreement (as defined below) or otherwise a party hereto from time to time including Solar in its capacity as a Lender (each a “Lender” and collectively, the “Lenders”).

Castle Biosciences Inc – FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (June 26th, 2019)

THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into as of June 13, 2019 (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 CASTLE BIOSCIENCES, INC., a Delaware Corporation with offices located at 820 S. Friendswood, Suite 201, Friendswood, TX 77546 (“Borrower”).

Fat Brands, Inc – FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (June 24th, 2019)

This FIRST AMENDMENT to the Loan and Security Agreement referred to below, dated as of June 19, 2019 (this “First Amendment”) by and among FAT BRANDS INC., a Delaware corporation, as borrower (the “Borrower”), the subsidiaries and affiliates of the Borrower listed on the signature pages hereto (the “Guarantors”, and together with the Borrower, the “Loan Parties”), The Lion Fund, L.P. (“Lion I”) and The Lion Fund II, L.P. (“Lion II”, together with Lion I, each a “Lender”, and together with their respective successors and assigns, collectively, the “Lenders”) and The Lion Fund, L.P., as collateral agent for the Lenders (in such capacity, the “Collateral Agent”). Capitalized terms not otherwise defined in this First Amendment have the same meanings as specified in the Loan Agreement (as defined below), as amended by this First Amendment.

Fuelcell Energy Inc – NINTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (June 12th, 2019)

THIS NINTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is dated this 11th day of June, 2019 (the “Ninth Amendment Effective Date”), by and among FUELCELL ENERGY, INC. (“FuelCell”) and each of its Qualified Subsidiaries, including VERSA POWER SYSTEMS, INC. and VERSA POWER SYSTEMS LTD. (collectively, the “Borrower”), the several banks and other financial institutions or entities a party to this Amendment (collectively, “Lender”) and HERCULES CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent for itself and Lender (in such capacity “Agent”). Capitalized terms used herein without definition shall have the meanings given to them in the Loan Agreement (as defined below).

scPharmaceuticals Inc. – THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (June 4th, 2019)

THIS THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”), dated as of May 31, 2019 (the “Amendment Effective Date”), is made among scPharmaceuticals Inc., a Delaware corporation (“Borrower”), Solar Capital Ltd., a Maryland corporation (“Solar”), in its capacity as collateral agent (in such capacity, together with its successors and assigns in such capacity, “Collateral Agent”) and the Lenders listed on Schedule 1.1 of the Loan and Security Agreement (as defined below) or otherwise a party hereto from time to time including Solar in its capacity as a Lender and Silicon Valley Bank (“Bank”) as a Lender (each a “Lender” and collectively, the “Lenders”).

Inhibrx, Inc. – SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (June 3rd, 2019)

THIS SECOND AMENDMENT to Loan and Security Agreement (this “Amendment”) is entered into as of December 22, 2016 (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 from time to time including Oxford in its capacity as a Lender (each a “Lender” and collectively, the “Lenders”), and Inhibrx, LP, a Delaware limited partnership, Inhibrx 101, LP, a Delaware limited partnership, Inhibrx 104, LP, a Delaware limited partnership, INBRX 105, LP, a Delaware limited partnership, INBRX 106, LP, a Delaware limited partnership, INBRX 107, LP, a Delaware limited partnership, INBRX 108, LP, a Delaware limited partnership, INBRX 109, LP, a Delaware limited partnership, INBRX 110, LP, a Delaware limited partnership, INBRX 111, LP, a Delaware li

Inhibrx, Inc. – CONSENT AND THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (June 3rd, 2019)

THIS CONSENT AND THIRD AMENDMENT to Loan and Security Agreement (this “Amendment”) is entered into as of April 30, 2018 (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 from time to time including Oxford in its capacity as a Lender (each a “Lender” and collectively, the “Lenders”), Inhibrx, LP, a Delaware limited partnership, Inhibrx 101, LP, a Delaware limited partnership, Inhibrx 104, LP, a Delaware limited partnership, INBRX 105, LP, a Delaware limited partnership, INBRX 106, LP, a Delaware limited partnership, INBRX 107, LP, a Delaware limited partnership, INBRX 108, LP, a Delaware limited partnership, INBRX 109, LP, a Delaware limited partnership, INBRX 110, LP, a Delaware limited partnership, INBRX 111, LP, a Delawar

Harrow Health, Inc. – JOINDER AND FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (May 29th, 2019)

THIS JOINDER AND FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”), dated as of May 24, 2019 (the “Amendment Effective Date”), is made among SWK Funding LLC as collateral agent (in such capacity, together with its successors and assigns in such capacity, “Collateral Agent”), and the Lenders party to the Loan and Security Agreement from time to time including HI Imprimis, LLC, SR-Imprimis, LLC and SWK Funding LLC in its capacity as a Lender (each a “Lender” and collectively, the “Lenders”), and HARROW HEALTH, Inc. (f/k/a Imprimis Pharmaceuticals, Inc.), a Delaware corporation (“Harrow”), IMPRIMIS NJOF, LLC, a New Jersey limited liability company (“NJOF”), PARK COMPOUNDING, INC. (f/k/a ImprimisRx CA, Inc.), a California corporation (“CA”), IMPRIMISRX NJ, LLC, a New Jersey limited liability company (“NJ”, and together with Harrow, NJOF, and CA, individually and collectively, jointly and severally, “Existing Borrower”), IMPRIMISRX, LLC, a Delaware limited liability company

BridgeBio Pharma, Inc. – SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (May 24th, 2019)

THIS SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”), dated as of May 17, 2019 is entered into by and among BRIDGEBIO PHARMA LLC, a Delaware limited liability company (“Parent”), BRIDGEBIO SERVICES INC., a Delaware corporation (“Services Company”), SUB20, INC., a Delaware corporation (“Sub20”, and together with Parent, Services Company and each other Person party thereto from time to time as borrower, from time to time, collectively, “Borrowers”, and each, a “Borrower”), and the several banks and other financial institutions or entities party thereto as Lender, constituting the Required Lenders and HERCULES CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent and collateral agent for Lender (in such capacity, “Agent”).

BridgeBio Pharma, Inc. – FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (May 24th, 2019)

THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”), dated as of December 28, 2018 is entered into by and among BRIDGEBIO PHARMA LLC, a Delaware limited liability company (“Parent”), BRIDGEBIO SERVICES INC., a Delaware corporation (“Services Company”), SUB20, INC., a Delaware corporation (“Sub20”, and together with Parent, Services Company and each other Person party hereto from time to time as borrower, from time to time, collectively, “Borrowers”, and each, a “Borrower”), and the several banks and other financial institutions or entities party thereto as Lender, constituting the Required Lenders and HERCULES CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent and collateral agent for Lender (in such capacity, “Agent”).

Regional Health Properties, Inc – EIGHTH AMENDMENT TO LOAN AND SECURITY AGREEMENT, AND FOURTH AMENDMENT TO PROMISSORY NOTE (May 17th, 2019)

THIS EIGHTH AMENDMENT TO LOAN AND SECURITY AGREEMENT, AND FOURTH AMENDMENT TO PROMISSORY NOTE (this “Agreement”) is made as of April 30, 2019, by and among QC PROPERTY HOLDINGS, LLC, a Georgia limited liability company (“Borrower”), ADCARE HEALTH SYSTEMS, INC., a Georgia corporation (“AdCare”), REGIONAL HEALTH PROPERTIES, INC., a Georgia corporation (“Regional Health” and together with AdCare, collectively, the “Guarantors”; the Guarantors and the Borrower are collectively the “Obligors”), and CONGRESSIONAL BANK, a Maryland chartered commercial bank and its successors and assigns (“Lender”).

Cytori Therapeutics, Inc. – SEVENTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (May 14th, 2019)

THIS SEVENTH AMENDMENT to Loan and Security Agreement (this “Amendment”) is made effective as of April 24, 2019 (the “Amendment Date”) and made, by and among OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 133

Fuelcell Energy Inc – EIGHTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (May 14th, 2019)

THIS EIGHTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”), dated as of May 8, 2019 (the “Eighth Amendment Closing Date”) and effective as of May 1, 2019 (the “Eighth Amendment Effective Date”), is entered into by and among FuelCell Energy, Inc., a Delaware corporation (“Parent”), Versa Power Systems, Inc., a Delaware corporation (“Versa Delaware”), Versa Power Systems Ltd. a corporation organized under the laws of Alberta, Canada (“Versa Canada”), and each of Parent’s Subsidiaries that delivers a Joinder Agreement pursuant to Section 7.13 of the Loan and Security Agreement (hereinafter collectively referred to as the “Borrowers” and each, a “Borrower”), the several banks and other financial institutions or entities from time to time parties thereto as Lender, constituting the Required Lenders, and HERCULES CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent and collateral agent for itself and the Lender (in such capacity, together with its succe

Intricon Corp – THIRTEENTH AMENDMENT TO Loan AND SECURITY AGREEMENT (May 10th, 2019)

THIS THIRTEENTH AMENDMENT TO Loan AND SECURITY AGREEMENT (this “Amendment") is made and entered into as of April 17, 2019, by and among INTRICON CORPORATION, a Pennsylvania corporation ("IntriCon"), INTRICON, INC., a Minnesota corporation ("Inc.”), HEARING HELP EXPRESS, INC., an Illinois corporation ("HHE", and, together with Inc., and IntriCon, the “Borrowers", and, each, individually, a “Borrower"), and CIBC BANK USA (formerly known as The PrivateBank and Trust Company), an Illinois banking corporation (the “Bank").

Talend SA – First Amendment to Loan and Security Agreement (May 10th, 2019)

Lender and Borrower agree to amend the Loan and Security Agreement between them, dated February 14, 2019 (as amended, the “Loan Agreement”), as follows, effective as of the date hereof. (Capitalized terms used but not defined in this Amendment shall have the meanings set forth in the Loan Agreement.)

Harvest Capital Credit Corp – EIGHTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (May 10th, 2019)

THIS LOAN AND SECURITY AGREEMENT (as may be amended, restated, supplemented, or otherwise modified from time to time, the “Agreement”) dated as of October 29, 2013, is entered into by and among HARVEST CAPITAL CREDIT CORPORATION, a Delaware corporation (“Harvest”), HCAP EQUITY HOLDINGS, LLC, a Delaware limited liability company (“Attached Equity Holder”), and HCAP ICC, LLC, a Delaware limited liability company (“ICC Loan Subsidiary”), and each other Subsidiary of Harvest from time to time party hereto as a “Borrower” (together with Attached Equity Holder and ICC Loan Subsidiary, each individually a “Subsidiary Borrower” and collectively the “Subsidiary Borrowers” and together with Harvest, each individually and collectively, jointly and severally, the “Borrower”), each of the financial institutions from time to time party hereto (individually each a “Lender” and collectively the “Lenders”) and PACIFIC WESTERN BANK (successor-by-merger to CapitalSource Bank), a California state-chartere

Transenterix Inc. – [PORTIONS OF THIS EXHIBIT HAVE BEEN REDACTED, AS INDICATED WITH “*” AND BRACKETS BECAUSE SUCH INFORMATION IS NOT MATERIAL AND WOULD LIKELY BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED.] FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (May 9th, 2019)

THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”), dated as of May 7, 2019, to the Loan and Security Agreement, dated as of May 23, 2018 (the “Loan Agreement”), is made by and among TRANSENTERIX, INC., a Delaware corporation (“Parent”), TRANSENTERIX SURGICAL, INC., a Delaware corporation (“TSI”), TRANSENTERIX INTERNATIONAL, INC., a Delaware corporation (“TII”), and SAFESTITCH LLC, a Virginia limited liability company (“SafeStitch” and together with Parent, TSI and TII, individually and collectively, jointly and severally, “Borrowers” or “Borrower”), the several banks and other financial institutions or entities party to the Loan Agreement (collectively referred to as “Lender”), and HERCULES CAPITAL, INC., a Maryland corporation, as administrative agent and collateral agent for itself and Lender (“Agent”).

Cardlytics, Inc. – First Amendment to Loan and Security Agreement (May 9th, 2019)

This FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT is entered into between PACIFIC WESTERN BANK, a California state-chartered bank (“PWB”), as Agent and Lender, the other lenders from time to time party to the Loan Agreement, and the borrower named above (“Borrower”). PWB and lenders that may hereafter join as lenders under the Loan Agreement (as defined below) are herein sometimes collectively referred to as “Lenders” and individually as a “Lender”. PWB, in its capacity as administrative and collateral Agent for the Lenders, is referred to herein as the “Agent” (which term shall include any successor Agent in accordance with terms hereof).

Tetraphase Pharmaceuticals Inc – FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (May 8th, 2019)

THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”), dated as of March 14, 2019 (the “Amendment Effective Date”), is made among Tetraphase Pharmaceuticals, Inc., a Delaware corporation (the “Borrower”), Solar Capital Ltd., a Maryland corporation (“Solar”), in its capacity as collateral agent (in such capacity, together with its successors and assigns in such capacity, “Collateral Agent”) and the Lenders listed on Schedule 1.1 of the Loan and Security Agreement (as defined below) or otherwise a party hereto from time to time including Solar in its capacity as a Lender (each a “Lender” and collectively, the “Lenders”).

Oaktree Strategic Income Corp – THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (May 8th, 2019)

This Third Amendment to Loan and Security Agreement (this “Amendment”) is entered into as of March 29, 2019, by and between EAST WEST BANK (“Bank”) and OAKTREE STRATEGIC INCOME CORPORATION (f/k/a FIFTH STREET SENIOR FLOATING RATE CORP.), a Delaware corporation (“Borrower”).

Codexis Inc – FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (May 8th, 2019)

THIS FIFTH AMENDMENT to Loan and Security Agreement (this “Amendment”) is made effective as of January 23, 2019 (the “Amendment Date”) and made by and among WESTERN ALLIANCE BANK, an Arizona corporation (“Bank”) and CODEXIS, INC., a Delaware corporation (“Borrower”).

ATRM Holdings, Inc. – ELEVENTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (April 30th, 2019)

This ELEVENTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”), dated the 15 day of April, 2019 by and among Gerber Finance Inc. (the “LENDER”), KBS Builders, Inc. (the “BORROWER”), and ATRM Holdings, Inc. as guarantor (the “GUARANTOR”).

Axcella Health Inc. – SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (April 30th, 2019)

THIS SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”), dated as of November 30, 2018 (the “Amendment Effective Date”), is made among Axcella Health Inc., a Delaware corporation (the “Axcella”), and Acora Nutrition LLC, a Delaware limited liability company (“Acora” and, individually and collectively, jointly and severally with Axcella, the “Borrower”), Solar Capital Ltd., a Maryland corporation (“Solar”), in its capacity as collateral agent (in such capacity, together with its successors and assigns in such capacity, “Collateral Agent”) and the Lenders listed on Schedule 1.1 of the Loan and Security Agreement (as defined below) or otherwise a party hereto from time to time including Solar in its capacity as a Lender (each a “Lender” and collectively, the “Lenders”).

Axcella Health Inc. – FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (April 30th, 2019)

THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”), dated as of October 5, 2018 (the “Amendment Effective Date”), is made among Axcella Health Inc., a Delaware corporation (the “Axcella”), and Acora Nutrition LLC, a Delaware limited liability company (“Acora” and, individually and collectively, jointly and severally with Axcella, the “Borrower”), Solar Capital Ltd., a Maryland corporation (“Solar”), in its capacity as collateral agent (in such capacity, together with its successors and assigns in such capacity, “Collateral Agent”) and the Lenders listed on Schedule 1.1 of the Loan and Security Agreement (as defined below) or otherwise a party hereto from time to time including Solar in its capacity as a Lender (each a “Lender” and collectively, the “Lenders”).

Allied Healthcare Products Inc – Second Amendment to Loan and Security Agreement (April 25th, 2019)

This Second Amendment to Loan and Security Agreement (the “Amendment”) is made and entered into by and between SUMMIT FINANCIAL RESOURCES, L.P., a Hawaii limited partnership (“Lender”), and ALLIED HEALTHCARE PRODUCTS, INC., a Delaware corporation (“Borrower”).

Stealth BioTherapeutics Corp – FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (April 4th, 2019)

THIS FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Fourth Amendment”), dated as of March 29, 2019 (the “Fourth Amendment Effective Date”), is made among STEALTH BIOTHERAPEUTICS CORP, an exempted company incorporated with limited liability under the laws of the Cayman Islands with registered number 165223 (“Stealth Cayman”), STEALTH BIOTHERAPEUTICS INC., a Delaware corporation (“Stealth Delaware” and, together with Stealth Cayman, hereinafter individually and collectively referred to as “Borrower”), those certain banks and other financial institutions or entities from time to time party to the Loan and Security Agreement (collectively, referred to as “Lender”), and HERCULES CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent and collateral agent for itself and Lender (in such capacity, “Agent”).