Factoring and Security Agreement Sample Contracts

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FACTORING AND SECURITY AGREEMENT
Factoring and Security Agreement • May 5th, 2020 • Louisiana

FACTORING AND SECURITY AGREEMENT (this “Agreement”), dated as of September 21, 2007, by and between Cordia Corporation, a Nevada Corporation, as Seller and Subservicer, and THERMO CREDIT, LLC, a Colorado limited liability company, as Purchaser and Master Servicer.

EX-99.1 2 a09-8162_1ex99d1.htm EX-99.1 FACTORING AND SECURITY AGREEMENT
Factoring and Security Agreement • May 5th, 2020 • Colorado

This Factoring and Security Agreement, dated as of March 17, 2009 is between Corgenix Medical Corporation, a Nevada corporation, which sometimes uses the name Corgenix and which sometimes uses the name Corgenix New York (collectively the “Client”) and Benefactor Funding Corp., a Colorado corporation (the “Factor”).

Factoring and Security Agreement
Factoring and Security Agreement • July 6th, 2007 • Siena Technologies, Inc. • Communications services, nec • Massachusetts

FOR VALUE RECEIVED, Siena Technologies, Inc., Inc., a Nevada corporation (the “Company”), (OTC BB: SIEN) hereby promises to pay DUTCHESS PRIVATE EQUITIES FUND, LTD. (the “Holder”) by September 15, 2007 (the “Maturity Date”), or earlier, the Face Amount of Two Hundred and Fifteen Thousand dollars ($215,000) U.S., plus accrued interest, in such amounts, at such times and on such terms and conditions as are specified herein.

FOURTH AMENDMENT TO SECOND AMENDED AND RESTATED FACTORING AND SECURITY AGREEMENT
Factoring and Security Agreement • April 16th, 2012 • Zoo Entertainment, Inc • Services-prepackaged software

This Fourth Amendment (this “Amendment”) is executed and delivered as of February 29, 2012, to amend that certain Second Amended and Restated Factoring and Security Agreement, dated as of October 28, 2011, as amended by (a) the First Amendment thereto, dated as of January 5, 2012, (b) the Second Amendment thereto, dated as of January 30, 2012, and (c) the Third Amendment thereto, dated as of February 14, 2012 (as may be further amended, modified, supplemented or restated from time to time, the “Factoring Agreement”), by and among Zoo Publishing, Inc., a New Jersey corporation (the “Seller”), the Holders (as defined therein), and MMB Holdings, LLC, a Delaware limited liability company (in its capacity as agent for the Holders, the “Agent”). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Factoring Agreement.

FACTORING AND SECURITY AGREEMENT
Factoring and Security Agreement • May 5th, 2020

THIS FACTORING AND SECURITY AGREEMENT ("Agreement") is deemed executed and binding as of Nov 10th, 2011, by and between Sunvalley Solar, Inc ("Seller") a Nevada registered company, its subsidiaries and affiliated companies (including all DBAs), and CapFlow Funding Group Managers LLC, a Delaware limited liability company ("Purchaser").

HARBORCOVE FUND I, LP FACTORING AND SECURITY AGREEMENT
Factoring and Security Agreement • June 24th, 2011 • Titan Energy Worldwide, Inc. • Power, distribution & specialty transformers • New York

Harborcove Fund I, LP (“Harborcove”, “we” or “us” herein) hereby confirms the terms and conditions that are to govern our exclusive factoring arrangement with Grove Power, Inc. (“Client” or “you” herein) through this Factoring and Security Agreement (“Agreement” herein). Once signed by all parties, this Agreement shall be deemed effective as of the date set forth above.

FACTORING AND SECURITY AGREEMENT
Factoring and Security Agreement • December 3rd, 2013 • Wave Systems Corp • Computer peripheral equipment, nec

THIS FACTORING AND SECURITY AGREEMENT (“Agreement”) is deemed executed and binding as of November 26, 2013, by and between Wave Systems Corp. formally known as Indata Corporation (“Seller”) a Delaware registered company, its subsidiaries and affiliated companies (including all DBAs), and CapFlow Funding Group Managers LLC, a Delaware limited liability company (“Purchaser”).

FACTORING AND SECURITY AGREEMENT
Factoring and Security Agreement • April 10th, 2012 • ePhoto Image, Inc. • Services-business services, nec

THIS FACTORING AND SECURITY AGREEMENT is made as of October 21, 2010 by and between Groveware Technologies LTD (“Seller”) and 1549534 Alberta Inc dba iFactor (“Purchaser”).

AMENDMENT
Factoring and Security Agreement • November 5th, 2004 • Insci Corp • Services-computer integrated systems design
FACTORING AND SECURITY AGREEMENT
Factoring and Security Agreement • October 24th, 2005 • Tri-S Security Corp • Services-detective, guard & armored car services • Florida

THIS FACTORING AND SECURITY AGREEMENT (“Agreement”) is made as of October 18, 2005 by and between Tri-S Security Corporation (“TSS”), for itself and as agent for Paragon Systems, Inc. (“Paragon”), The Cornwall Group, Inc., Vanguard Security, Inc., Forestville Corporation, Vanguard Security of Broward County, Inc., On Guard Security and Investigations, Inc., Armor Security, Inc., Protection Technologies Corporation, International Monitoring, Inc., Guardsource Corp. and Virtual Guard Source, Inc. (collectively “Seller”) and LSQ FUNDING GROUP L.C. (“Purchaser”).

FACTORING AND SECURITY AGREEMENT
Factoring and Security Agreement • March 30th, 2020 • Eastside Distilling, Inc. • Beverages

THIS FACTORING AND SECURITY AGREEMENT is made as of 2/4/2019 by and between Eastside Distilling, Inc., a Nevada Corporation (“Seller”) and ENGS COMMERCIAL CAPITAL, LLC (“Purchaser”).

FACTORING AND SECURITY AGREEMENT
Factoring and Security Agreement • April 14th, 2004 • Axtive Corp • Services-prepackaged software • Texas

THIS FACTORING AND SECURITY AGREEMENT is made as of August 7, 2003, by and between ThinkSpark L. P., a Delaware Limited Partnership (“Seller”) and LANDRY MARKS PARTNERS LP, a Texas limited partnership (“Purchaser”).

FACTORING AND SECURITY AGREEMENT
Factoring and Security Agreement • May 27th, 2008 • Teletouch Communications Inc • Radiotelephone communications • Louisiana

FACTORING AND SECURITY AGREEMENT (this “Agreement”), dated as of August , 11 2006, by and between Progressive Concepts, Inc., a Texas Corporation, as Seller and Subservicer, and THERMO CREDIT, LLC, a Colorado limited liability company, as Purchaser and Master Servicer.

FACTORING AND SECURITY AGREEMENT
Factoring and Security Agreement • March 31st, 2004 • True Religion Apparel Inc • Apparel & other finishd prods of fabrics & similar matl • Florida

Seller and FCC, LLC, a Florida limited liability company which will do business in California as First Capital Western Region, LLC ("Factor"), hereby agree to the terms and conditions set forth in this Factoring Agreement ("Agreement"):

SECOND AMENDMENT TO SECOND AMENDED AND RESTATED FACTORING AND SECURITY AGREEMENT
Factoring and Security Agreement • April 16th, 2012 • Zoo Entertainment, Inc • Services-prepackaged software

This Second Amendment (this “Amendment”) is executed and delivered as of January 27, 2012, to amend that certain Second Amended and Restated Factoring and Security Agreement, dated as of October 28, 2011, as amended by the First Amendment thereto, dated as of January 5, 2012 (as may be further amended, modified, supplemented or restated from time to time, the “Factoring Agreement”), by and among Zoo Publishing, Inc., a New Jersey corporation (the “Seller”), the Holders (as defined therein), and MMB Holdings, LLC, a Delaware limited liability company (in its capacity as agent for the Holders, the “Agent”). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Factoring Agreement.

Factoring and Security Agreement
Factoring and Security Agreement • May 31st, 2013 • Competitive Technologies Inc • Patent owners & lessors • Florida

THIS FACTORING AGREEMENT ("Agreement") is made as of September 18, 2012 by and between Competitive Technologies, Inc. ("Seller") and LSQ FUNDING GROUP L.C. ("Purchaser").

FIRST AMENDED AND RESTATED FACTORING AND SECURITY AGREEMENT
Factoring and Security Agreement • March 11th, 2021 • Ammo, Inc. • Ordnance & accessories, (no vehicles/guided missiles) • Arizona
FACTORING AND SECURITY AGREEMENT
Factoring and Security Agreement • October 11th, 2019 • Direct Communication Solutions, Inc. • Illinois

This is an AGREEMENT between DIRECT COMMUNICATION SOLUTIONS, INC. a Delaware corporation having its principal place of business at 17150 Via Del Campo, Suite 200, San Diego, California 92127, hereinafter “Seller”, and GIBRALTAR BUSINESS CAPITAL, LLC, a Delaware limited liability company, 400 Skokie Boulevard, Suite 375, Northbrook, Illinois 60062, hereinafter “Purchaser”. THE PARTIES HEREBY AGREE AS FOLLOWS:

FIRST AMENDMENT TO AMENDED AND RESTATED FACTORING AND SECURITY AGREEMENT
Factoring and Security Agreement • July 19th, 2011 • Zoo Entertainment, Inc • Services-prepackaged software

THIS FIRST AMENDMENT TO AMENDED AND RESTATED FACTORING AND SECURITY AGREEMENT (this “Amendment”) is made as of July 14, 2011 by and between Zoo Publishing, Inc., a New Jersey corporation (“Seller”) and Panta Distribution, LLC, a Delaware limited liability (“Purchaser”).

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AMENDMENT TO FACTORING AND SECURITY AGREEMENT
Factoring and Security Agreement • May 27th, 2008 • Teletouch Communications Inc • Radiotelephone communications

This Amendment to Factoring and Security Agreement dated February 26, 2008, is made by and between THERMO CREDIT LLC (hereinafter referred to as the “Purchaser”) and Progressive Concepts, Inc. (“Seller”), who hereby agree as follows:

FACTORING AND SECURITY AGREEMENT $75,000.00 FACTORING FACILITY
Factoring and Security Agreement • April 2nd, 2007 • World Am, Inc. • Communications equipment, nec • Florida

This Factoring and Security Agreement, dated as of April 25, 2005 is between World-Am, Inc, a Nevada corporation, (the "Client") and J.J. Ellis, LLC, a Florida Limited Liability Company (the "Factor").

FACTORING AND SECURITY AGREEMENT
Factoring and Security Agreement • August 14th, 2003 • Vitalstream Holdings Inc • Services-business services, nec • California

THIS FACTORING AND SECURITY AGREEMENT (this "Agreement") is made as of this 30th day of June, 2003 (the "Effective Date"), by and between VITALSTREAM HOLDINGS, INC., a Nevada corporation, and its wholly owned subsidiaries VITAL STREAM, INC., a Delaware corporation and VITALSTREAM BROADCASTING CORPORATION, a Nevada corporation (collectively, "Seller"), on the one hand, and ALLIANCE BANK ("Purchaser"), on the other hand.

SECOND AMENDMENT TO FACTORING AND SECURITY AGREEMENT
Factoring and Security Agreement • October 7th, 2010 • Zoo Entertainment, Inc • Services-prepackaged software

This SECOND AMENDMENT TO FACTORING AND SECURITY AGREEMENT (this "Second Amendment") is made and entered into this 1st day of October, 2010, among Zoo Games, Inc., a Delaware corporation, Zoo Entertainment, Inc., a Delaware corporation, and Zoo Publishing, Inc., a New Jersey corporation (jointly, severally, and collectively "Seller"), and Working Capital Solutions, Inc., a Delaware corporation ("Purchaser").

Contract
Factoring and Security Agreement • October 30th, 2019 • Reliability Inc • Instruments for meas & testing of electricity & elec signals • Texas

This First Amendment (“Amendment”) amends the Factoring and Security Agreement made as of November 4, 2016 by and between The Maslow Media Group, Inc. (“Client”) and Advance Business Capital LLC d/b/a Triumph Business Capital (“Company”) as follows, effective as of January 3, 2018. (“Effective Date).

AMENDED AND RESTATED FACTORING AND SECURITY AGREEMENT
Factoring and Security Agreement • June 30th, 2011 • Zoo Entertainment, Inc • Services-prepackaged software

THIS AMENDED AND RESTATED FACTORING AND SECURITY AGREEMENT (this “Agreement”) is made as of June 24, 2011 by and between Zoo Publishing, Inc., a New Jersey corporation (“Seller”) and Panta Distribution, LLC, a Delaware limited liability, as assignee of Working Capital Solutions, Inc. (“Purchaser”).

FIRST AMENDMENT TO SECOND AMENDED AND RESTATED FACTORING AND SECURITY AGREEMENT
Factoring and Security Agreement • April 16th, 2012 • Zoo Entertainment, Inc • Services-prepackaged software

This First Amendment (this “Amendment”) is executed and delivered as of January 5, 2012, to amend that certain Second Amended and Restated Factoring and Security Agreement, dated as of October 28, 2011 (as may be amended, modified, supplemented or restated from time to time, the “Factoring Agreement”), by and among Zoo Publishing, Inc., a New Jersey corporation (the “Seller”), the Holders (as defined therein), and MMB Holdings, LLC, a Delaware limited liability company (in its capacity as agent for the Holders, the “Agent”). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Factoring Agreement.

FACTORING AND SECURITY AGREEMENT FACTOR SUB ACCOUNTS
Factoring and Security Agreement • February 10th, 2009 • Meade Instruments Corp • Optical instruments & lenses • California

Client and FCC Factor Subsidiary II, LLC, a Delaware limited liability company (“Factor Sub”), hereby agree to the terms and conditions set forth in this Factoring Agreement.

THIRD AMENDMENT TO FACTORING AND SECURITY AGREEMENT
Factoring and Security Agreement • April 15th, 2011 • Zoo Entertainment, Inc • Services-prepackaged software

This THIRD AMENDMENT TO FACTORING AND SECURITY AGREEMENT (this "Third Amendment") is made and entered into this 30th day of November, 2010, among Zoo Games, Inc., a Delaware corporation, Zoo Entertainment, Inc., a Delaware corporation, and Zoo Publishing, Inc., a New Jersey corporation (jointly, severally, and collectively "Seller"), and Working Capital Solutions, Inc., a Delaware corporation ("Purchaser").

FACTORING AND SECURITY AGREEMENT
Factoring and Security Agreement • April 26th, 2005 • Tri-S Security Corp • Services-detective, guard & armored car services • Florida

THIS FACTORING AGREEMENT is made as of April 1, 2005, by and between Paragon Systems, Inc. (“Seller”) and LSQ FUNDING GROUP L.C. (“Purchaser”) and amends and supersedes, in full, that certain Factoring and Security Agreement dated February 18, 2004 by and between Seller and Purchaser.

FACTORING AND SECURITY AGREEMENT
Factoring and Security Agreement • September 18th, 2008 • Driftwood Ventures, Inc. • Metal mining

THIS FACTORING AND SECURITY AGREEMENT is made as of August 5, 2008, by and between Zoo Games, Inc. ("Seller") and Working Capital Solutions, Inc. ("Purchaser").

FACTORING AND SECURITY AGREEMENT
Factoring and Security Agreement • August 19th, 2008 • TXP Corp • Electronic & other electrical equipment (no computer equip) • Texas

THIS FACTORING AND SECURITY AGREEMENT is made as of August 13, 2008 by and between TXP CORPORATION, a Nevada Corporation (“Seller”) and LANDRY MARKS PARTNERS LP, a Texas limited partnership (“Purchaser”).

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