Amendment To Loan And Security Agreement Sample Contracts

Third Amendment to Loan and Security Agreement (August 17th, 2018)

This THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT, dated as of August 15, 2018 (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"), 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"), and Systems & Services Technologies, Inc., a Delaware corporation, as the backup servicer (the "Backup Servicer"). 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") and by the Second Amendment to Loan and Security Agreement, dated as of August 18, 2016 ("Amendment No. 2" and, together w

Amyris – Eighth Amendment to Loan and Security Agreement (August 14th, 2018)

This EIGHTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment"), dated as of May 30, 2018, is among AMYRIS, INC., a Delaware corporation (the "Parent"), and each of its Subsidiaries that has delivered a Joinder Agreement (as defined herein) (each a "Subsidiary Guarantor" and collectively, the "Subsidiary Guarantors" and together with Parent, collectively, "Borrower"), the several banks and other financial institutions or entities from time to time parties to this Agreement (collectively, referred to as "Lender") and STEGODON CORPORATION, a Delaware corporation, as successor-in-interest to Hercules Technology Growth Capital, Inc., a Maryland corporation, in its capacity as administrative agent for itself and the Lender (in such capacity, the "Agent").

Atlanticus Holdings Corp. – Fourth Amendment to Loan and Security Agreement and First Amendment to Pledge Agreement (August 14th, 2018)

THIS FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND FIRST AMENDMENT TO PLEDGE AGREEMENT (this "Amendment") is made and entered into as of the 5th day of June, 2018, by and among ATLANTICUS HOLDINGS CORPORATION, a Georgia corporation, as Borrower ("Borrower"), certain Subsidiaries of Borrower as guarantors ("Guarantors", and together with the Borrower, the "Credit Parties" and each, a "Credit Party"), and DOVE VENTURES, LLC, a Nevada limited liability company, as lender (together with any successors or assigns thereto, "Lender").

Acura Pharmaceuticals – Fourth Amendment to Loan and Security Agreement (August 14th, 2018)

THIS FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment") is entered into as of June 6, 2018 (the "Fourth 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 ACURA PHARMACEUTICALS, INC., a New York corporation with offices located at 616 N. North Court, Suite 120, Palatine, Illinois ("Parent"), and ACURA PHARMACEUTICAL TECHNOLOGIES, INC., an Indiana corporation with offices locates at 16235 State Road 17, Culver, IN 46511 ("APT", and along with Parent, individually and collectively, jointly and severally, "Borrower").

Cytori Therapeutics Inc – Second Amendment to Loan and Security Agreement (August 14th, 2018)

THIS SECOND AMENDMENT to Loan and Security Agreement (this "Amendment") is made effective as of June 19, 2018 (the "Amendment Date") and made, 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 CYTORI THERAPEUTICS, INC., a Delaware corporation with offices located at 3020 Callan Road, San Diego, CA 92121 ("Borrower").

Celladon Corp – Second Amendment to Loan and Security Agreement (August 10th, 2018)

THIS SECOND AMENDMENT to Loan and Security Agreement (this "Amendment") is entered into as of May 11, 2018, by and between OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 133 North Fairfax Street, Alexandria, Virginia 22314 ("Oxford"), as collateral agent (in such capacity, "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 (each a "Lender" and collectively, the "Lenders"), and EIGER BIOPHARMACEUTICALS, INC., a Delaware corporation ("Parent"), EB Pharma, LLC, a Delaware limited liability company ("EB Pharma") and EBPI Merger, Inc., a Delaware corporation ("EBPI"), each with offices located at 2155 Park Blvd., Palo Alto, CA 94306 (Parent, EB Pharma and EBPI, individually and collectively, jointly and severally, "Borrower").

Everspin Technologies Inc – First Amendment to Loan and Security Agreement (August 9th, 2018)

THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment") is entered into this 6th day of July, 2018, by and between SILICON VALLEY BANK, a California corporation ("Bank"), and EVERSPIN TECHNOLOGIES, INC., a Delaware corporation ("Borrower").

Third Amendment to Loan and Security Agreement (August 9th, 2018)

THIS THIRD AMENDMENT to Loan and Security Agreement (this "Amendment") is made effective as of June 29, 2018 (the "Amendment Date") and made by and among WESTERN ALLIANCE BANK, an Arizona corporation ("Bank") and CODEXIS, INC., a Delaware corporation ("Borrower").

Puma Biotechnology – First Amendment to Loan and Security Agreement (August 9th, 2018)

THIS FIRST AMENDMENT to Loan and Security Agreement (this "Amendment") is entered into as of May 8, 2018, among SILICON VALLEY BANK, a California corporation with an office located at 3003 Tasman Drive, Santa Clara, CA 95054 ("Bank" or "SVB"), as administrative and collateral agent (in such capacities, "Administrative Agent" and "Collateral Agent", respectively), the Lenders listed on Schedule 1.1 of the Loan Agreement (as defined below) or otherwise party thereto from time to time (each a "Lender" and collectively, the "Lenders") including SVB in its capacity as a Lender and OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 133 North Fairfax Street, Alexandria, Virginia 22314 ("Oxford") (each a "Lender" and collectively, the "Lenders"), and PUMA BIOTECHNOLOGY, INC., a Delaware corporation with offices located at 10880 Wilshire Blvd., Ste. 2150, Los Angeles, CA 90024 ("Borrower").

Adamis Pharmaceuticl – June 2018 Amendment to Loan and Security Agreement (August 9th, 2018)

THIS JUNE 2018 AMENDMENT TO LOAN AND SECURITY AGREEMENT (the "June 2018 Amendment") is dated as of June 28, 2018 ("Agreement Date"), with an effective date of June 1, 2018, and is entered into by and between BEAR STATE BANK, N.A., a national banking association ("Lender"), and ADAMIS PHARMACEUTICALS CORPORATION, a Delaware corporation ("Borrower").

IntriCon Corporation – TWELFTH AMENDMENT TO Loan AND SECURITY AGREEMENT (August 9th, 2018)

THIS TWELFTH AMENDMENT TO Loan AND SECURITY AGREEMENT (this "Amendment") is made and entered into as of July 23, 2018, 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").

Second Amendment to Loan and Security Agreement (August 7th, 2018)

This SECOND AMENDMENT (this "Amendment") dated as of June 25, 2018 in respect of that certain Loan and Security Agreement dated as of September 2, 2016 (as amended by that First Amendment dated as of September 27, 2016 and as further amended, supplemented or otherwise modified prior to the date hereof, the "Credit Agreement") by and among Cortland Capital Market Services LLC ("Cortland"), in its capacity as administrative agent for the Lenders and collateral agent for the Secured Parties (together with its successors and assigns in such capacity, "Agent"), OCM Strategic Credit SIGTEC Holdings, LLC, in its capacity as a Lender and in its capacity as Sole Lead Arranger, together with the other Lenders from time to time party thereto (each a "Lender" and collectively, "Lenders"), and SIGA Technologies, Inc., a Delaware corporation ("Borrower"). Capitalized terms used and not otherwise defined herein have the meanings assigned to them in the Credit Agreement.

Gemphire Therapeutics Inc. – First Amendment to Loan and Security Agreement (August 6th, 2018)

This First Amendment to Loan and Security Agreement (this "Amendment") is entered into this 31st day of July, 2018, by and between SILICON VALLEY BANK, a California corporation with a loan production office located at 380 Interlocken Crescent, Suite 600, Broomfield, Colorado 80021 ("Bank") and GEMPHIRE THERAPEUTICS INC., a Delaware corporation with offices located at 17199 N. Laurel Park Drive, Suite 401, Livonia, Michigan 48152 ("Borrower").

Cell Therapeutics, Inc. – First Amendment to Loan and Security Agreement (August 3rd, 2018)

This First Amendment to Loan and Security Agreement (this "Amendment") is entered into this 17th day of May, 2018 by and between SILICON VALLEY BANK ("Bank") and CTI BIOPHARMA CORP., a Delaware corporation (which assumed the obligations of CTI BioPharma Corp., a Washington corporation) ("Borrower"), whose address is 3101 Western Avenue, #600, Seattle, Washington 98121.

Airxpanders Inc – Waiver and Fourth Amendment to Loan and Security Agreement (July 31st, 2018)

THIS WAIVER AND FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment") is entered into as of July 30, 2018 (the "Fourth 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) from time to time including Oxford in its capacity as a Lender (each a "Lender" and collectively, the "Lenders"), and AirXpanders, Inc., a Delaware corporation with offices located at 1047 Elwell Court, Palo Alto, CA 94303 ("Borrower").

Airxpanders Inc – Third Amendment to Loan and Security Agreement (July 31st, 2018)

THIS THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment") is entered into as of June 5, 2018 (the "Third 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) from time to time including Oxford in its capacity as a Lender (each a "Lender" and collectively, the "Lenders"), and AirXpanders, Inc., a Delaware corporation with offices located at 1047 Elwell Court, Palo Alto, CA 94303 ("Borrower").

Airxpanders Inc – Waiver and Second Amendment to Loan and Security Agreement (July 31st, 2018)

THIS WAIVER AND SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment") is entered into as of April 26, 2018 (the "Second 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) from time to time including Oxford in its capacity as a Lender (each a "Lender" and collectively, the "Lenders"), and AirXpanders, Inc., a Delaware corporation with offices located at 1047 Elwell Court, Palo Alto, CA 94303 ("Borrower").

Seventh Amendment to Loan and Security Agreement (July 26th, 2018)

THIS SEVENTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this Amendment) entered into as of this 23rd day of July, 2018 is by and among MANITEX INTERNATIONAL, INC., a Michigan corporation (Manitex International), MANITEX, INC., a Texas corporation (Manitex), MANITEX SABRE, INC., a Michigan corporation (Sabre), BADGER EQUIPMENT COMPANY, a Minnesota corporation (Badger), CRANE AND MACHINERY, INC., an Illinois corporation (Crane and Machinery), CRANE AND MACHINERY LEASING, INC., an Illinois corporation (Crane and Machinery Leasing), and MANITEX, LLC, a Delaware limited liability company (Manitex LLC; together with Manitex International, Manitex, Sabre, Badger, Crane and Machinery, and Crane and Machinery Leasing, collectively, the Borrowers), CIBC BANK, USA, formerly known as The PrivateBank and Trust Company (in its individual capacity, CIBC Bank), as administrative agent and sole lead arranger (in such capacity, Administrative Agent), and the lenders party thereto (the Lenders).

Select Interior Concepts, Inc. – Second Amendment to Loan and Security Agreement and Joinder (July 9th, 2018)

THIS AGREEMENT AND ANY LIEN CREATED HEREIN IS SUBJECT TO THE LIEN PRIORITY AND OTHER PROVISIONS SET FORTH IN THAT CERTAIN INTERCREDITOR AGREEMENT DAT ED AS OF JUNE 23, 2015 BY AND BETWEEN BANK OF AMERICA, N.A. AS ABL AGENT (AS DEFINED THEREIN) FOR THE ABL CREDITORS (AS DEFINED THEREIN) AND MONROE CAPITAL MANAGEMENT ADVISORS, LLC, AS TERM AGENT (AS DEFINED THEREIN) FOR THE TERM CREDITORS (AS DEFINED THEREIN) AND ACKNOWLEDGED BY THE BORROWER AND THE OBLIGORS NAMED THEREIN, AS AMENDED, RESTATED, SUPPLEMENTED OR OTHERWISE MODIFIED FROM TIME TO TIME.Loan and Secured Agreement dated as of June 23, 2015, as amended by that certain (i) First Amendment and Consent to Loan and Security Agreement, dated as of January 4, 2016 and (ii) Second Amendment to Loan and Security Agreement and Joinder dated as of February 28, 2017.

Select Interior Concepts, Inc. – First Amendment to Loan and Security Agreement and Limited Consent (July 9th, 2018)

This FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT AND LIMITED CONSENT (this Agreement) is entered into as of February 13, 2017, between Bank of America, N.A., a national banking association (together with its successors and assigns, Lender) and L.A.R.K. Industries, Inc., a California corporation (Borrower).

Temporary Amendment to Loan and Security Agreement (July 2nd, 2018)

THIS TEMPORARY AMENDMENT TO LOAN AND SECURITY AGREEMENT (this Amendment), dated as of June 29, 2018, is entered into by MARQUETTE BUSINESS CREDIT, LLC, a Delaware limited liability company (Lender), and RADISYS CORPORATION, an Oregon corporation (Borrower), with reference to the following facts:

Temporary Amendment to Loan and Security Agreement (July 2nd, 2018)

THIS TEMPORARY AMENDMENT TO LOAN AND SECURITY AGREEMENT (this Amendment), dated as of June 29, 2018, is entered into by MARQUETTE BUSINESS CREDIT, LLC, a Delaware limited liability company (Lender), and RADISYS CORPORATION, an Oregon corporation (Borrower), with reference to the following facts:

Second Amendment to Loan and Security Agreement (June 29th, 2018)

THIS SECOND AMENDMENT to Loan and Security Agreement (this Amendment) is entered into as of June 29, 2018, by and between OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 133 North Fairfax Street, Alexandria, Virginia 22314 (Oxford), as collateral agent (in such capacity, 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 (each a Lender and collectively, the Lenders) and INVITAE CORPORATION, a Delaware corporation (Invitae), PATIENTCROSSROADS, INC., a California corporation (Patientcrossroads), GOOD START GENETICS, INC., a Delaware corporation (Good Start), OMMDOM INC., a Delaware corporation (Ommdom), COMBIMATRIX CORPORATION, a Delaware corporation (CombiMatrix) and COMBIMATRIX MOLECULAR DIAGNOSTICS, INC., a California corporation (CombiMatrix Diagnostics and, together with Invitae, Patientcrossroads, Good Start, Ommdom

Liquidia Technologies Inc – Fifth Amendment to Loan and Security Agreement (June 28th, 2018)

This Fifth Amendment to Loan and Security Agreement (the Amendment) is made and entered into as of April 28, 2017 by and between PACIFIC WESTERN BANK, a California state chartered bank (Bank), and LIQUIDIA TECHNOLOGIES, INC. (Borrower).

Liquidia Technologies Inc – Seventh Amendment to Loan and Security Agreement (June 28th, 2018)

This Seventh Amendment to Loan and Security Agreement (the Amendment) is made and entered into as of October 27, 2017 by and between PACIFIC WESTERN BANK, a California state chartered bank (Bank) and LIQUIDIA TECHNOLOGIES, INC. (Borrower).

Second Amendment to Loan and Security Agreement (June 28th, 2018)

This Second Amendment to Loan and Security Agreement ("Amendment") is entered into as of June 8, 2018 between Comerica Bank ("Bank") and MobileSmith, Inc., a Delaware corporation ("Borrower").

BioNano Genomics, Inc – Forbearance and Fourth Amendment to Loan and Security Agreement (June 28th, 2018)

This Forbearance and Fourth Amendment to Loan and Security Agreement (this Amendment) is entered into as of February 9, 2018, by and between WESTERN ALLIANCE BANK, an Arizona corporation (Bank) and BIONANO GENOMICS, INC., a Delaware corporation (Borrower).

Liquidia Technologies Inc – Fourth Amendment to Loan and Security Agreement (June 28th, 2018)

This Fourth Amendment to Loan and Security Agreement (the Amendment) is made and entered into as of March 30, 2017 by and between PACIFIC WESTERN BANK, a California state chartered bank (Bank), and LIQUIDIA TECHNOLOGIES, INC. (Borrower).

Liquidia Technologies Inc – Third Amendment to Loan and Security Agreement (June 28th, 2018)

This Third Amendment to Loan and Security Agreement (the Amendment) is made and entered into as of December 28, 2016 by and between PACIFIC WESTERN BANK, a California state chartered bank (Bank), and LIQUIDIA TECHNOLOGIES, INC. (Borrower).

BioNano Genomics, Inc – Third Amendment to Loan and Security Agreement (June 28th, 2018)

This Third Amendment to Loan and Security Agreement (this Amendment) is entered into as of November 20, 2017, by and between WESTERN ALLIANCE BANK, an Arizona corporation (Bank) and BIONANO GENOMICS, INC., a Delaware corporation (Borrower).

Liquidia Technologies Inc – Second Amendment to Loan and Security Agreement (June 28th, 2018)

This Second Amendment to Loan and Security Agreement (the Amendment) is made and entered into as of October 12, 2016 by and between PACIFIC WESTERN BANK, a California state chartered bank (Bank), and LIQUIDIA TECHNOLOGIES, INC. (Borrower).

BioNano Genomics, Inc – First Amendment to Loan and Security Agreement (June 28th, 2018)

This First Amendment to Loan and Security Agreement (this Amendment) is entered into as of December 9, 2016, by and between WESTERN ALLIANCE BANK, an Arizona corporation (Bank) and BIONANO GENOMICS, INC. (Borrower).

Liquidia Technologies Inc – Sixth Amendment to Loan and Security Agreement (June 28th, 2018)

This Sixth Amendment to Loan and Security Agreement (the Amendment) is made and entered into as of June 14, 2017 by and between PACIFIC WESTERN BANK, a California state chartered bank (Bank), and LIQUIDIA TECHNOLOGIES, INC. (Borrower).

BioNano Genomics, Inc – Second Amendment to Loan and Security Agreement (June 28th, 2018)

This Second Amendment to Loan and Security Agreement (this Amendment) is entered into as of May 2, 2017, by and between WESTERN ALLIANCE BANK, an Arizona corporation (Bank) and BIONANO GENOMICS, INC. (Borrower).

BioNano Genomics, Inc – Fifth Amendment to Loan and Security Agreement (June 28th, 2018)

This Fifth Amendment to Loan and Security Agreement (this Amendment) is entered into as of June 13, 2018, by and between WESTERN ALLIANCE BANK, an Arizona corporation (Bank) and BIONANO GENOMICS, INC., a Delaware corporation (Borrower).