Amendment To Loan And Security Agreement Sample Contracts

Delta Petroleum Corporation – FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT Among PAR PETROLEUM, LLC PAR HAWAII, INC., MID PAC PETROLEUM, LLC, HIE RETAIL, LLC, HERMES CONSOLIDATED, LLC, and WYOMING PIPELINE COMPANY LLC as Borrowers, Certain Subsidiaries of the Borrowers, as Guarantors, BANK OF AMERICA, N.A., as Administrative Agent and the Lenders Party Hereto Dated as of January 11, 2019 (January 14th, 2019)
Domo, Inc. – Third Amendment to Loan and Security Agreement (January 7th, 2019)

THIS THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment") dated as of January 4, 2019 (the "Amendment Date") is entered into among Domo, Inc., a Delaware corporation ("Parent"), and Domo, Inc., a Utah corporation (together with Parent, collectively, "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 Wilmington Trust, National Association, as administrative agent for the Lenders (in such capacity, the "Administrative Agent" and together with Collateral Agent, the "Agents" and individually, an "Agent").

Atricure – First Amendment to Loan and Security Agreement (January 3rd, 2019)
1st Franklin Financial – Eighth Amendment to Loan and Security Agreement (December 28th, 2018)

This Eighth Amendment to Loan and Security Agreement ("Amendment") is dated as of December 28, 2018 by and among 1ST FRANKLIN FINANCIAL CORPORATION ("Borrower"), WELLS FARGO BANK, N.A., successor by merger to Wells Fargo Preferred Capital, Inc., as agent for Lenders (in such capacity, "Agent") and the financial institutions a party hereto as lenders (collectively, the "Lenders" and each is a "Lender").

Fifth Amendment to Loan and Security Agreement (December 26th, 2018)

THIS FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment"), dated as of December 19, 2018 (the "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 successors and assigns in such capacity, "Agent").

First Amendment to Loan and Security Agreement (December 19th, 2018)

THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment"), dated as of December 17, 2018, to the Loan and Security Agreement, dated as of December 1, 2017 (as amended, restated, supplemented, or otherwise modified from time to time, the "Loan Agreement"), among CAC WAREHOUSE FUNDING LLC VII, a Delaware limited liability company (the "Borrower"), CREDIT ACCEPTANCE CORPORATION, a Michigan corporation ("Credit Acceptance", the "Originator", the "Servicer", or the "Custodian"), the persons from time to time party thereto as LENDERS, the persons from time to time party thereto as MANAGING AGENTS, CREDIT SUISSE AG, NEW YORK BRANCH, as deal agent (in such capacity, together with its successors and assigns, the "Deal Agent"), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as the collateral agent (in such capacity, the "Collateral Agent") and acknowledged by WELLS FARGO BANK, NATIONAL ASSOCIATION, as the backup servicer (in such capacity, the "Backup Servicer"). Unless defined elsewh

Flat Rock Capital Corp. – First Amendment to Loan and Security Agreement (December 17th, 2018)

This First Amendment to Loan and Security Agreement (this "Amendment"), dated as of December 10, 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"), and STATE BANK AND TRUST COMPANY, a state banking institution incorporated or otherwise organized under the laws of the State of Georgia, as sole lender ("Existing Lender") and agent for the Lenders (in such capacity, "Agent") and HITACHI CAPITAL AMERICA CORP., a Delaware corporation ("New Lender").

ConversionPoint Holdings, Inc. – Fourth Amendment to Loan and Security Agreement (December 17th, 2018)

This Fourth Amendment to Loan and Security Agreement is entered into as of September 28, 2018 (the "Amendment"), by and among ConversionPoint Technologies, Inc. ("Parent"), Push Holdings, Inc. ("Push Holdings"), Branded Response, Inc. ("Branded"), Tamble Inc. ("Tamble"), Comiseo, LLC ("Comiseo"), Push Interactive, LLC ("Push Interactive"), Push Properties LLC ("Push Properties"), Tremeta, LLC ("Tremeta"), Base Camp Technologies, LLC ("Base Camp"), Alpine Computing Systems, LLC ("Alpine"), SellPoints, Inc. ("SellPoints"), Montage Capital II, L.P. ("Montage") and Partners for Growth IV, L.P. ("PFG"). Each of Montage and PFG are also referred to as a "Lender" and collectively referred to as the "Lenders".

ConversionPoint Holdings, Inc. – Fifth Amendment to Loan and Security Agreement (December 17th, 2018)

This Fifth Amendment to Loan and Security Agreement is entered into as of November 2, 2018 (the "Amendment"), by and among ConversionPoint Technologies, Inc. ("Parent"), Push Holdings, Inc. ("Push Holdings"), Branded Response, Inc. ("Branded"), Tamble Inc. ("Tamble"), Comiseo, LLC ("Comiseo"), Push Interactive, LLC ("Push Interactive"), Push Properties LLC ("Push Properties"), Tremeta, LLC ("Tremeta"), Base Camp Technologies, LLC ("Base Camp"), Alpine Computing Systems, LLC ("Alpine"), SellPoints, Inc. ("SellPoints"), Montage Capital II, L.P. ("Montage") and Partners for Growth IV, L.P. ("PFG"). Each of Montage and PFG are also referred to as a "Lender" and collectively referred to as the "Lenders".

Zuora Inc – First Amendment to Loan and Security Agreement (December 13th, 2018)

This First Amendment to Loan and Security Agreement (this "Amendment") is entered into this 11th day of October, 2018, by and between (a) SILICON VALLEY BANK, a California corporation ("Bank"), (b) ZUORA, INC., a Delaware corporation ("Zuora") and ZUORA SERVICES, LLC, a Delaware limited liability company ("Services"; Zuora and Services are referred to herein, each and together, jointly and severally, as "Initial Borrower"), and (c) immediately following the consummation of the Acquisition, LEEYO SOFTWARE, INC., a Delaware corporation ("Leeyo"; Initial Borrower and, immediately following the consummation of the Acquisition, Leeyo, are referred to herein, each and together, jointly and severally, as "Borrower").

Goldman Sachs Private Middle Market Credit LLC – Second Amendment to Loan and Security Agreement (December 13th, 2018)

LOAN AND SECURITY AGREEMENT dated as of November 21, 2017 (this Agreement) among Goldman Sachs Private Middle Market Credit SPV LLC, as borrower (the Company); GOLDMAN SACHS PRIVATE MIDDLE MARKET CREDIT LLC (the Portfolio Manager); the Lenders party hereto; STATE STREET BANK AND TRUST COMPANY, in its capacity as collateral agent (in such capacity, the Collateral Agent); STATE STREET BANK AND TRUST COMPANY, in its capacity as collateral administrator (in such capacity, the Collateral Administrator); STATE STREET BANK AND TRUST COMPANY, in its capacity as securities intermediary (in such capacity, the Securities Intermediary) and as bank (in such capacity, the Bank and, together with the Securities Intermediary in such respective capacities, the Intermediary); and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as administrative agent for the Lenders hereunder (in such capacity, the Administrative Agent).

Legacy Housing, LTD. – Amendment to Loan and Security Agreement (December 12th, 2018)

THIS AMENDMENT TO LOAN AND SECURITY AGREEMENT (this Amendment) dated as of MAY 12, 2017, is between CAPITAL ONE, N.A., a national association (together with its successors and assigns, Lender), and LEGACY HOUSING, LTD, a Texas limited partnership (Debtor).

Legacy Housing, LTD. – Second Amendment to Loan and Security Agreement (December 12th, 2018)

THIS SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (this Amendment) dated as of MARCH 31, 2014, is between CAPITAL ONE, N.A., a national association (together with its successors and assigns, Lender), and LEGACY HOUSING, LTD, a Texas limited partnership (Debtor).

Legacy Housing, LTD. – Amendment to Loan and Security Agreement (December 11th, 2018)

THIS AMENDMENT TO LOAN AND SECURITY AGREEMENT (this Amendment) dated as of MAY 12, 2017, is between CAPITAL ONE, N.A., a national association (together with its successors and assigns, Lender), and LEGACY HOUSING, LTD, a Texas limited partnership (Debtor).

Legacy Housing, LTD. – Second Amendment to Loan and Security Agreement (December 11th, 2018)

THIS SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (this Amendment) dated as of MARCH 31, 2014, is between CAPITAL ONE, N.A., a national association (together with its successors and assigns, Lender), and LEGACY HOUSING, LTD, a Texas limited partnership (Debtor).

Legacy Housing, LTD. – Third Amendment to Loan and Security Agreement (December 11th, 2018)

THIS THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (this Amendment) dated as of MAY 20, 2014, is between CAPITAL ONE, N.A., a national association (together with its successors and assigns, Lender), and LEGACY HOUSING, LTD, a Texas limited partnership (Debtor).

Legacy Housing, LTD. – First Amendment to Loan and Security Agreement (December 11th, 2018)

THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this Amendment) dated as of DECEMBER 12, 2013, is between CAPITAL ONE, N.A., a national association (together with its successors and assigns, Lender), and LEGACY HOUSING, LTD, a Texas limited partnership (Debtor).

Ninth Amendment to Loan and Security Agreement (November 29th, 2018)
scPharmaceuticals Inc. – First Amendment to Loan and Security Agreement (November 27th, 2018)
Nexxus Lighting Inc – Forbearance Agreement and Fourteenth Amendment to Loan and Security Agreement (November 26th, 2018)
Nexxus Lighting Inc – Thirteenth Amendment to Loan and Security Agreement (November 26th, 2018)
Ninth Amendment to Loan and Security Agreement (November 14th, 2018)

This Ninth Amendment to Loan and Security Agreement is entered into as of November 7, 2018 (the "Amendment"), by and among TELKONET, INC. ("Borrower"), and HERITAGE BANK OF COMMERCE ("Bank").

Blue Star Foods Corp. – Third Amendment to Loan and Security Agreement (November 14th, 2018)

THIS THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment") is made and entered into as of October 16, 2017, by and between ACF FINCO I LP, a Delaware limited partnership ("Lender"), and JOHN KEELER & CO. INC., a Florida corporation doing business as Blue Star Foods ("Borrower").

Ninth Amendment to Loan and Security Agreement and Limited Waiver (November 14th, 2018)

This NINTH AMENDMENT to LOAN AND SECURITY AGREEMENT AND LIMITED WAIVER (this "Amendment") is entered into as of August 31, 2018, by and between ACCELERIZE INC., a Delaware corporation ("Borrower"), and SAAS CAPITAL FUNDING II, LLC, a Delaware limited liability company ("Lender").

Seventh Amendment to Loan and Security Agreement (November 14th, 2018)

This Seventh Amendment to Loan and Security Agreement is entered into as of February 2, 2018 (the "Amendment"), by and among TELKONET, INC. ("Borrower"), and HERITAGE BANK OF COMMERCE ("Bank").

Blue Star Foods Corp. – First Amendment to Loan and Security Agreement and Reservation of Rights (November 14th, 2018)

THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT AND RESERVATION OF RIGHTS (this "Amendment") is made and entered into as of November 18, 2016, by and between ACF FINCO I LP, a Delaware limited partnership ("Lender"), and JOHN KEELER & CO. INC., a Florida corporation doing business as Blue Star Foods ("Borrower").

Eighth Amendment to Loan and Security Agreement (November 14th, 2018)

This Eighth Amendment to Loan and Security Agreement is entered into as of April 5, 2018 (the "Amendment"), by and among TELKONET, INC. ("Borrower"), and HERITAGE BANK OF COMMERCE ("Bank").

Blue Star Foods Corp. – Second Amendment to Loan and Security Agreement (November 14th, 2018)

THIS SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment") is made and entered into as of June 19, 2017, by and between ACF FINCO I LP, a Delaware limited partnership ("Lender"), and JOHN KEELER & CO. INC., a Florida corporation doing business as Blue Star Foods ("Borrower").

Blue Star Foods Corp. – Fourth Amendment to Loan and Security Agreement (November 14th, 2018)

THIS FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment") is made and entered into as of September 19, 2018, by and between ACF FINCO I LP, a Delaware limited partnership ("Lender"), and JOHN KEELER & CO. INC., a Florida corporation doing business as Blue Star Foods ("Borrower").

Blue Star Foods Corp. – Fifth Amendment to Loan and Security Agreement (November 14th, 2018)

THIS FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment") is made and entered into as of November 8, 2018, by and between ACF FINCO I LP, a Delaware limited partnership ("Lender"), and JOHN KEELER & CO. INC., a Florida corporation doing business as Blue Star Foods ("Borrower").

Tricida, Inc. – Second Amendment to Loan and Security Agreement (November 13th, 2018)

This SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment"), dated as of October 15, 2018 (the "Amendment Effective Date"), is entered into by and among Tricida, Inc. (the "Borrower"), Hercules Capital, Inc. ("Hercules Capital"), a Maryland corporation, in its capacity as administrative agent and collateral agent for itself and the Lender (in such capacity, together with its successors and assigns in such capacity, the "Agent"), and Hercules Technology III, L.P. ("Hercules Technology"), a Delaware limited partnership.

Harvest Capital Credit Corp – Seventh Amendment to Loan and Security Agreement (November 7th, 2018)

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

Sixth Amendment to Loan and Security Agreement And (October 30th, 2018)

THIS SIXTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND FIFTH AMENDMENT TO AMENDED AND RESTATED FEE LETTER (this "Amendment"), dated as of September 28, 2018 (the "Sixth Amendment Effective Date"), is made among GenMark Diagnostics, Inc., a Delaware corporation (the "Borrower"), the other Loan Parties party to that certain Loan and Security Agreement (as defined below), Solar Senior Capital Ltd., in its capacity as administrative and collateral agent (in such capacity, together with its successors and assigns in such capacity, "Agent"), SUNS SPV LLC, as lender, North Mill Capital LLC, as lender, Crystal Financial LLC, as lender, SCP Private Credit Income Fund SPV LLC, as lender, SCP Private Credit Income Fund LP, as lender, and the other Lenders party to the Loan and Security Agreement or otherwise a party thereto from time to time (each a "Lender" and collectively, the "Lenders").

Fifth Amendment to Loan and Security Agreement (October 30th, 2018)

THIS FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment") is dated as of October 26, 2018, by and among CIBC BANK USA, formerly known as THE PRIVATEBANK AND TRUST COMPANY ("Lender"), BROADWIND ENERGY, INC., a Delaware corporation ("Parent"), BRAD FOOTE GEAR WORKS, INC., an Illinois corporation ("Brad Foote"), BROADWIND TOWERS, INC., a Wisconsin corporation ("Towers"), RED WOLF COMPANY, LLC, a North Carolina limited liability company ("Red Wolf"), BROADWIND SERVICES, LLC, a Delaware limited liability company ("Services," and collectively with Parent, Brad Foote, Towers and Red Wolf, "Borrowers," and each, a "Borrower").

Axonics Modulation Technologies, Inc. – First Amendment to Loan and Security Agreement (October 22nd, 2018)