Amendment To Loan And Security Agreement Sample Contracts

Eighth Amendment to Loan and Security Agreement (June 18th, 2018)

THIS EIGHTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment") is entered into as of June 13, 2018, by and between ACCELERIZE INC., a Delaware corporation ("Borrower") and SAAS CAPITAL FUNDING II, LLC, a Delaware limited liability company ("Lender").

Applied Nanotech Holdings, Inc. – Fourth Amendment to Loan and Security Agreement and Loan Documents (June 15th, 2018)

THIS FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND LOAN DOCUMENTS ("Amendment") is entered into as of March 30, 2018 ("Effective Date"), between PEN BRANDS LLC, an Ohio limited liability company f/k/a Nanofilm, Ltd. ("Borrower") and MBANK, a Michigan banking corporation, as assignee of Mackinac Commercial Credit, LLC, a Michigan limited liability company (together with its successors and assigns, the "Lender").

Seventh Amendment to Loan and Security Agreement (June 6th, 2018)

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

Tricida, Inc. – First Amendment to Loan and Security Agreement and First Amendment to Warrants (June 4th, 2018)

This FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT AND FIRST AMENDMENT TO WARRANTS (this Amendment), dated as of April 10, 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.

Hercules Technology Growth Capital, Inc. – Second Amendment to Loan and Security Agreement (June 1st, 2018)

THIS SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (this Amendment) is entered into as of May 25, 2018, between and among the lender identified on the signature page hereof (Lender, which Lender constitutes the Required Lenders under the Loan Agreement (as defined below), MUFG UNION BANK, N.A., as the arranger and administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, Agent), and HERCULES FUNDING III, LLC, a Delaware limited liability company (Borrower).

Domo, Inc. – First Amendment to Loan and Security Agreement and Pledge Agreement (June 1st, 2018)

THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT AND PLEDGE AGREEMENT (this "Amendment") dated as of April 17, 2018 (the "Effective 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").

Fifth Street Senior Floating Rate – Second Amendment to Loan and Security Agreement (May 23rd, 2018)
First Amendment to Loan and Security Agreement (May 23rd, 2018)

THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment") dated as of May 18, 2018, is entered into by MARQUETTE BUSINESS CREDIT, LLC, a Delaware limited liability company ("Lender"), RADISYS CORPORATION, an Oregon corporation ("Borrower"), with reference to the following facts:

Amyris – Seventh Amendment to Loan and Security Agreement (May 18th, 2018)

This SEVENTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment"), dated as of March 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").

Identive Group – Fourth Amendment to Loan and Security Agreement (May 15th, 2018)

This Fourth Amendment to Loan and Security Agreement is entered into as of February _5_, 2018 (the "Amendment"), by and between EAST WEST BANK ("Bank") and IDENTIV, INC. ("Parent" or "Borrower").

Second Amendment to Loan and Security Agreement (May 15th, 2018)

This Second Amendment to Loan and Security Agreement (this "Amendment"), dated as of January 16, 2018, is entered into among CCT New York Funding, LLC (f/k/a CCT SE I LLC), a Delaware limited liability company, as borrower (the "Company"); Corporate Capital Trust, Inc., as portfolio manager (the "Portfolio Manager"); State Street Bank and Trust Company ("State Street"), in its capacities as collateral agent (in such capacity, the "Collateral Agent"), collateral administrator (in such capacity, the "Collateral Administrator") and securities intermediary (in such capacity, the "Securities Intermediary"); and JPMorgan Chase Bank, National Association, in its capacity as a lender (in such capacity, the "Lender") and as administrative agent (in such capacity, the "Administrative Agent"). Reference is hereby made to the Loan and Security Agreement, dated as of November 29, 2016 (as amended by the Amendment to Loan and Security Agreement dated as of September 1, 2017 and as further amended o

Identive Group – Fifth Amendment to Loan and Security Agreement (May 15th, 2018)

This Fifth Amendment to Loan and Security Agreement is entered into as of March _6_, 2018 (the "Amendment"), by and between EAST WEST BANK ("Bank") and IDENTIV, INC. ("Parent") and 3VR Security, Inc. ("Target"). Parent and Target are each referred to herein as a "Borrower" and collectively as the "Borrowers".

Fourth Amendment to Loan and Security Agreement (May 15th, 2018)

This FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT dated as of April 27, 2018 (this "Amendment") to the Loan and Security Agreement dated as of August 17, 2016 (as amended by the First Amendment thereto dated as of December 12, 2016, the Second Amendment thereto dated as of November 13, 2017 (including the Allonge dated November 13, 2017 pursuant thereto to the Revolving Note and the Term Note), the Third Amendment dated as of January 16, 2018 and as it may be further amended, restated, supplemented, modified or otherwise changed from time to time, the "Loan Agreement"), is by and among Creative Realities, Inc., a Minnesota corporation ("CRI"), Creative Realities, LLC, a Delaware limited liability company ("CRLLC"), and Conexus World Global, LLC, a Kentucky limited liability company ("Conexus") and collectively referred to together with CRI and CRLLC as the "Borrower"), and Slipstream Communications, LLC, an Anguillan limited liability company (the "Lender"). All terms used herein th

Tricida, Inc. – First Amendment to Loan and Security Agreement and First Amendment to Warrants (May 14th, 2018)

This FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT AND FIRST AMENDMENT TO WARRANTS (this Amendment), dated as of April 10, 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.

Avalara Inc – Second Amendment to Loan and Security Agreement (May 11th, 2018)

This Second Amendment to Loan and Security Agreement (this Amendment) is entered into this 16th day of November, 2017, by and among (a) SILICON VALLEY BANK, a California corporation SVB), in its capacity as administrative agent (Agent), (b) SVB, ALLY BANK, a Utah state bank (Ally), and each other Lender from time to time party to the Loan and Security Agreement (as defined below) (each, a Lender and collectively, the Lenders), (c) SVB, in its capacity as an issuer of Letters of Credit (and each other Issuing Lender from time to time party to the Loan and Security Agreement (as defined below) (each, an Issuing Lender and collectively, the Issuing Lenders), (d) AVALARA, INC., a Washington corporation (Avalara), (e) AVAFUEL, LLC, a Delaware limited liability company (AvaFuel), (f) HOTSPOT TAX, INC., a Delaware corporation (HotSpot), (g) BILLSOFT, INC., a Nevada Corporation (BillSoft) and (h) SOFTWARE WIZARDS AND GURUS, INC., a Nevada corporation (Software Wizards, and together with Avalar

Avalara Inc – First Amendment to Loan and Security Agreement (May 11th, 2018)

This First Amendment to Loan and Security Agreement (this Amendment) is entered into this 28th day of April, 2017, by and among (a) SILICON VALLEY BANK, a California corporation SVB), in its capacity as administrative agent (Agent), (b) SVB, ALLY BANK, a Utah state bank (Ally), and each other Lender party to the Loan and Security Agreement (as defined below) (each, a Lender and collectively, the Lenders), (c) AVALARA, INC., a Washington corporation (Avalara), (d) AVAFUEL, LLC, a Delaware limited liability company (AvaFuel), (e) HOTSPOT TAX, INC., a Delaware corporation (HotSpot), (f) BILLSOFT, INC., a Nevada Corporation (BillSoft) and (g) SOFTWARE WIZARDS AND GURUS, INC., a Nevada corporation (Software Wizards, and together with Avalara, AvaFuel, HotSpot and BillSoft, individually and collectively, jointly and severally, the Borrower).

Delta Petroleum Corporation – FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT Among (May 10th, 2018)

THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "First Amendment"), dated as of April 3, 2018, is by and among PAR PETROLEUM, LLC, a Delaware limited liability company (the "Company"), PAR HAWAII, INC., a Hawaii corporation ("PHI"), MID PAC PETROLEUM, LLC, a Delaware limited liability company ("Mid Pac"), HIE RETAIL, LLC, a Hawaii limited liability company ("HIE"), HERMES CONSOLIDATED, LLC (d/b/a Wyoming Refining Company), a Delaware limited liability company ("Hermes"), and WYOMING PIPELINE COMPANY LLC, a Wyoming limited liability company ("WPC" and collectively, with the Company, PHI, Mid Pac, HIE, and Hermes, "Borrowers"), the Guarantors party hereto, the Lenders party hereto and BANK OF AMERICA, N.A., a national banking association, as administrative agent and collateral agent for the Lenders (in such capacity, "Agent").

Collegium Pharmaceutical – Seventh Amendment to Loan and Security Agreement (May 9th, 2018)

This Seventh Amendment to Loan and Security Agreement (this "Amendment") is entered into this [______] day of [_____], 2018, by and between SILICON VALLEY BANK, a California corporation with a loan production office located at 275 Grove Street, Suite 2-200, Newton, Massachusetts 02466 ("Bank") and COLLEGIUM PHARMACEUTICAL, INC., a Virginia corporation with an office located at 780 Dedham Street, Suite 800, Canton, Massachusetts 02021 ("Borrower").

Sterling Construction Company Inc – SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT This SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (This "Amendment"), Dated as of January 9, 2018, Is Entered Into by and Among Sterling Construction Company, Inc., a Delaware Corporation (The "Borrower"), Wilmington Trust, National Association, as Agent (The "Agent") for the Lenders Identified on Schedule 2 to the Loan Agreement (As Defined Below) (The "Lenders") and the Lenders, and With Respect to Sections 4.2 and 4.3 Hereto Only, the Persons Listed on the Signature Pages Hereto as Guarantors (The "Guarantors" And, Together With the Borrowe (May 8th, 2018)
Sterling Construction Company Inc – THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT This THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (This "Amendment"), Dated as of April 3, 2018, Is Entered Into by and Among Sterling Construction Company, Inc., a Delaware Corporation (The "Borrower"), Wilmington Trust, National Association, as Agent (The "Agent") for the Lenders Identified on Schedule 2 to the Loan Agreement (As Defined Below) (The "Lenders") and the Lenders, and With Respect to Sections 4.2 and 4.3 Hereto Only, the Persons Listed on the Signature Pages Hereto as Guarantors (The "Guarantors" And, Together With the Borrower, C (May 8th, 2018)
Fifth Street Senior Floating Rate – First Amendment to Loan and Security Agreement (May 8th, 2018)

This First Amendment to Loan and Security Agreement (this "Amendment") is entered into as of March 17, 2018, 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").

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

THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment"), dated as of March 30, 2018 (the "Amendment Effective Date"), is made among Scynexis, 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").

TPG RE Finance Trust, Inc. – Amendment to Loan and Security Agreement (May 7th, 2018)

This AMENDMENT TO LOAN AND SECURITY AGREEMENT, dated as of May 4, 2018 (this "Amendment"), is made by and between TPG RE FINANCE 6, LLC, a Delaware limited liability company ("Borrower"), and DEUTSCHE BANK AG, NEW YORK BRANCH, a branch of a foreign banking institution ("Lender"). Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Loan Agreement (as defined below).

TPG RE Finance Trust, Inc. – Amendment to Loan and Security Agreement (May 7th, 2018)

This AMENDMENT TO LOAN AND SECURITY AGREEMENT, dated as of May 4, 2018 (this "Amendment"), is made by and between TPG RE FINANCE 9, LLC, a Delaware limited liability company ("Borrower"), and DEUTSCHE BANK AG, NEW YORK BRANCH, a branch of a foreign banking institution ("Lender"). Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Loan Agreement (as defined below).

Fourth Amendment to Loan and Security Agreement (May 4th, 2018)

THIS FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment") is dated as of May 3, 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").

Second Amendment to Loan and Security Agreement (April 26th, 2018)

THIS SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (this Amendment) is entered into as of April 25 2018, by and between MATTERSIGHT CORPORATION, a Delaware corporation (Borrower), and CIBC BANK USA (formerly known as The PrivateBank and Trust Company, Lender), as Lender and Issuing Lender.

Seventh Amendment to Loan and Security Agreement and to Other Loan Documents (April 23rd, 2018)

THIS SEVENTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND TO OTHER LOAN DOCUMENTS (this "Amendment") is made as of April 20, 2018, by and between LEX-GEN WOODLANDS, L.P., a Delaware limited partnership ("Borrower"), and iSTAR LEX LENDER LLC, a Delaware limited liability company (together with its successors and assigns, hereinafter referred to as "Lender"), with offices at c/o iStar Inc., 1114 Avenue of the Americas, 38th Floor, New York, New York 10036.

Allied Healthcare Products, Inc. – First Amendment to Loan and Security Agreement (April 20th, 2018)

This First 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").

Fourth Amendment to Loan and Security Agreement (April 20th, 2018)

This Fourth Amendment to Loan and Security Agreement (this "Amendment") is entered into this 27th day of February, 2018, by and between SILICON VALLEY BANK ("Bank") and LIMELIGHT NETWORKS, INC., a Delaware corporation ("Borrower") whose address is 222 South Mill Avenue, 8th Floor, Tempe, Arizona 85281.

Domo, Inc. – First Amendment to Loan and Security Agreement and Pledge Agreement (April 20th, 2018)

THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT AND PLEDGE AGREEMENT (this "Amendment") dated as of April 17, 2018 (the "Effective 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").

Amyris – Sixth Amendment to Loan and Security Agreement (April 17th, 2018)

This SIXTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment"), dated as of December 28, 2017, 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").

Inspire Medical Systems, Inc. – First Amendment to Loan and Security Agreement (April 6th, 2018)

This FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this Amendment) is entered into as of February 24, 2017, by and among 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 a party thereto from time to time including Oxford in its capacity as a Lender (each a Lender and collectively, the Lenders), and INSPIRE MEDICAL SYSTEMS, INC., a Delaware corporation, with offices located at 9700 63rd Avenue North, Suite 200, Maple Grove, MN 55369 (Borrower).

RMG Networks Holding Corp – FOURTH AMENDMENT to Loan and Security Agreement (April 4th, 2018)

THIS FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment") is entered into effective as of January 31, 2017, 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").

RMG Networks Holding Corp – First Amendment to Loan and Security Agreement (April 4th, 2018)

THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment") is entered into effective as of November 17, 2015, 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 ").

RMG Networks Holding Corp – Second Amendment to Loan and Security Agreement (April 4th, 2018)

THIS SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment") is entered into effective as of March 9, 2016, 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 ").