Financing and Security Agreement Sample Contracts

RECITALS
Financing and Security Agreement • May 11th, 2006 • Argan Inc • Medicinal chemicals & botanical products
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RECITALS
Financing and Security Agreement • March 31st, 1999 • Fti Consulting Inc • Services-management consulting services • Maryland
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Financing and Security Agreement • May 3rd, 2002 • Ns Group Inc • Steel works, blast furnaces & rolling mills (coke ovens)
AMENDED AND RESTATED FINANCING AND SECURITY AGREEMENT Dated February 22, 2008 By and Between BRANCH BANKING AND TRUST COMPANY And TVI CORPORATION and Subsidiaries
Financing and Security Agreement • February 25th, 2008 • Tvi Corp • Search, detection, navagation, guidance, aeronautical sys

THIS AMENDED AND RESTATED FINANCING AND SECURITY AGREEMENT (this “Agreement”) is made as of February 22, 2008, by and among TVI CORPORATION, a Maryland corporation (“TVI”), CAPA MANUFACTURING CORP., a Maryland corporation (“Capa”), SAFETY TECH INTERNATIONAL, INC., a Maryland corporation (“Safety Tech”), and SIGNATURE SPECIAL EVENT SERVICES, INC., a Maryland corporation (formerly named “TVI Holdings One, Inc.”) (“Signature TVI”), jointly and severally (each of TVI, Capa, Safety Tech, and Signature TVI, a “Borrower”; TVI, Capa, Safety Tech, and Signature TVI, collectively, the “Borrowers”); and BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation (the “Lender”).

THIRD AMENDED AND RESTATED FINANCING AND SECURITY AGREEMENT
Financing and Security Agreement • January 28th, 2010 • ARGON ST, Inc. • Measuring & controlling devices, nec • Virginia

THIS THIRD AMENDED AND RESTATED FINANCING AND SECURITY AGREEMENT (this “Agreement”) is made as of the 25th day of January, 2010, by and among ARGON ST, INC., a Delaware corporation, formerly known as SensyTech, Inc., a Delaware corporation (“Argon”), COHERENT SYSTEMS INTERNATIONAL, LLC, a Delaware limited liability company (“Coherent”; Argon and Coherent are collectively and jointly and severally referred to herein as the “Borrower”) and BANK OF AMERICA, N. A., a national banking association (the “Lender”).

RECITALS
Financing and Security Agreement • November 14th, 2001 • National Techteam Inc /De/ • Services-computer programming, data processing, etc. • Maryland
FINANCING AND SECURITY AGREEMENT
Financing and Security Agreement • November 16th, 2023 • Vado Corp. • Services-advertising

This Financing and Security Agreement (“Agreement”) is made and entered into on June 13, 2019 by and between SOCIALCOM INC. (“Borrower”), and Fast Pay Partners LLC, a Delaware limited liability company (“Lender”). Borrower has agreed to sell and Lender has agreed to purchase Accounts for which Lender will make Advances of the Purchase Price. Lender is agreeable to providing this facility, provided that Borrower agrees to the provisions of this Agreement.

AMENDED AND RESTATED FINANCING AND SECURITY AGREEMENT
Financing and Security Agreement • March 29th, 2007 • Dcap Group Inc • Insurance agents, brokers & service
SECOND AMENDED AND RESTATED FINANCING AND SECURITY AGREEMENT Dated December 11, 2006 By and Among ARGAN INC., SOUTHERN MARYLAND CABLE, INC., VITARICH LABORATORIES, INC., GEMMA POWER, INC., GEMMA POWER SYSTEMS CALIFORNIA, INC., GEMMA POWER SYSTEMS,...
Financing and Security Agreement • December 14th, 2006 • Argan Inc • Medicinal chemicals & botanical products

THIS SECOND AMENDED AND RESTATED FINANCING AND SECURITY AGREEMENT (this “Agreement”) is made this 11th day of December 2006, by and among ARGAN, INC. (formerly Puroflow Incorporated), a corporation organized under the laws of the State of Delaware (“Argan”), SOUTHERN MARYLAND CABLE, INC., a corporation organized under the laws of the State of Delaware (“SMC”), VITARICH LABORATORIES, INC. (formerly AGAX/VLI Acquisition Corporation), a corporation organized under the laws of the State of Delaware (“Vitarich”), GEMMA POWER, INC., a corporation organized under the laws of the State of Connecticut (“GP”), GEMMA POWER SYSTEMS CALIFORNIA, INC., a corporation organized under the laws of the State of California (“GPSC”), GEMMA POWER SYSTEMS, LLC, a limited liability company organized under the laws of the State of Connecticut (“GPS”), and GEMMA POWER HARTFORD, LLC, a limited liability company organized under the laws of the State of Connecticut (“GPH”), jointly and severally (each of Argan, SMC

EX-10 4 financingandsecurityagreemen.htm FINANCING and security AGREEMENT
Financing and Security Agreement • May 5th, 2020 • Delaware

THIS FINANCING AND SECURITY AGREEMENT (this “Agreement”) is made and entered as of July 10, 2012 (the “Effective Date”) by and among Ad-Vantage Networks, Inc., a Delaware corporation (“Borrower”), and JMG Exploration, Inc., a Nevada corporation (“Lender”). Borrower and Lender may be referred to herein individually as a “Party” or collectively as the “Parties.”

AMENDED AND RESTATED FINANCING AND SECURITY AGREEMENT Dated September 15, 2006 By and Between HEALTHEXTRAS, INC. And WACHOVIA BANK, NATIONAL ASSOCIATION
Financing and Security Agreement • February 28th, 2007 • Healthextras Inc • Insurance agents, brokers & service • Maryland

THIS AMENDED AND RESTATED FINANCING AND SECURITY AGREEMENT (this “Agreement”) is made this 15th day of September, 2006, by and between HEALTHEXTRAS, INC., a corporation organized under the laws of the State of Delaware (the “Borrower”) and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (the “Lender”).

FINANCING AND SECURITY AGREEMENT by and between NATIONSBANK, N.A.
Financing and Security Agreement • March 28th, 1997 • BPC Holding Corp • Plastics products, nec
RECITALS
Financing and Security Agreement • March 24th, 1998 • BPC Holding Corp • Plastics products, nec
AMENDMENT NO. 1 TO FINANCING AND SECURITY AGREEMENT
Financing and Security Agreement • July 11th, 2014 • Hipcricket, Inc. • Communications equipment, nec

This Amendment No. 1 to Financing and Security Agreement (this “Amendment”) shall be entered into on June 3, 2014, by and between Hipcricket, Inc. (“Client”), a Delaware corporation, and Fast Pay Partners LLC (“FastPay”), a Delaware limited liability company.

AMENDED AND RESTATED FINANCING AND SECURITY AGREEMENT by and among OPTELECOM- NKF, INC., OPTELECOM-NKF HOLDING B.V., OPTELECOM-NKF, B.V. OPTELECOM-NKF S.L., OPTELECOM UK LIMITED, and OPTELECOM-NKF LIMITED as Obligors and MANUFACTURERS AND TRADERS...
Financing and Security Agreement • August 13th, 2008 • Optelecom-Nkf, Inc. • Radio & tv broadcasting & communications equipment • Maryland

THIS AMENDED AND RESTATED FINANCING AND SECURITY AGREEMENT (this “Agreement”) is made as of June 25, 2008, by and among (a) OPTELECOM-NKF, INC., a corporation organized under the laws of the State of Delaware (the “U.S. Borrower”); (b) OPTELECOM-NKF HOLDING, B.V., a private company with limited liability organized and existing under the laws of The Netherlands (the “Dutch Borrower”)(the U.S. Borrower and the Dutch Borrower each being sometimes called a “Borrower” and both of them being collectively called the “Borrowers”); (c) OPTELECOM-NKF, B.V., a private company with limited liability organized and existing under the laws of The Netherlands (“NKF”); (d) OPTELECOM-NKF S.L., a private company with limited liability organized and existing under the laws of Spain (the “Spanish Subsidiary”); (e) OPTELECOM UK LIMITED, a company organized and existing under the laws of England and Wales; and (f) OPTELECOM-NKF LIMITED, a company organized and existing under the laws of England and Wales (ea

Amendment to Financing and Security Agreement Between Action Capital Corporation and Telos Corporation
Financing and Security Agreement • August 14th, 2018 • Telos Corp • Services-computer integrated systems design
SIXTH AMENDMENT TO FINANCING AND SECURITY AGREEMENT
Financing and Security Agreement • January 3rd, 2008 • Tvi Corp • Search, detection, navagation, guidance, aeronautical sys • Maryland

THIS SIXTH AMENDMENT TO FINANCING AND SECURITY AGREEMENT (this “Agreement”) is made as of December 31, 2007 by and among TVI CORPORATION, a Maryland corporation (“TVI”), CAPA MANUFACTURING CORP., a Maryland corporation (“Capa”), SAFETY TECH INTERNATIONAL, INC., a Maryland corporation (“Safety Tech”), and SIGNATURE SPECIAL EVENT SERVICES, INC. (formerly named “TVI Holdings One, Inc.”) (“Signature TVI”) jointly and severally (each of TVI, Capa, Safety Tech, and Signature TVI, a “Borrower”; TVI, Capa, Safety Tech, and Signature TVI, collectively, the “Borrowers”); and BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation (the “Lender”).

SECOND AMENDMENT TO FIFTH AMENDED AND RESTATED FINANCING AND SECURITY AGREEMENT
Financing and Security Agreement • July 6th, 2018 • Gp Strategies Corp • Services-educational services

THIS SECOND AMENDMENT TO FIFTH AMENDED AND RESTATED FINANCING AND SECURITY AGREEMENT (this “Amendment”) is made this 29th day of June, 2018, by GP Strategies Corporation, a Delaware corporation (“GP” or the “US Borrower”), General Physics (UK) Ltd., GP Strategies Holdings Limited, GP Strategies Limited and GP Strategies Training Limited, each a company organized and existing under the laws of England and Wales (each individually, a “UK Borrower” and collectively, the “UK Borrowers”) and Wells Fargo Bank, National Association (the “Lender”).

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Contract
Financing and Security Agreement • July 21st, 2016 • Telos Corp • Services-computer integrated systems design • Georgia
FIRST AMENDMENT TO SECOND AMENDED AND RESTATED FINANCING AND SECURITY AGREEMENT
Financing and Security Agreement • April 24th, 2008 • Argan Inc • Construction - special trade contractors • Maryland

THIS FIRST AMENDMENT TO SECOND AMENDED AND RESTATED FINANCING AND SECURITY AGREEMENT (this “Agreement”) is made as of the 28th day of March, 2008, by and among ARGAN, INC., a corporation organized and in good standing under the laws of the State of Delaware, SOUTHERN MARYLAND CABLE, INC., a corporation organized and in good standing under the laws of the State of Delaware, VITARICH LABORATORIES, INC., a corporation organized and in good standing under the laws of the State of Delaware, GEMMA POWER, INC., a corporation organized and in good standing under the laws of the State of Connecticut, GEMMA POWER SYSTEMS CALIFORNIA, INC., a corporation organized and in good standing under the laws of the State of California, GEMMA POWER SYSTEMS, LLC, a limited liability company organized and in good standing under the laws of the state of Connecticut, and GEMMA POWER HARTFORD, LLC, a limited liability company organized and in good standing under the laws of the State of Connecticut, jointly and

AMENDMENT NO. 5 TO SECOND AMENDED AND RESTATED FINANCING AND SECURITY AGREEMENT
Financing and Security Agreement • November 14th, 2003 • Henry Co • Asphalt paving & roofing materials • California

This AMENDMENT NO. 5 TO SECOND AMENDED AND RESTATED FINANCING AND SECURITY AGREEMENT (this “Amendment”) is made as of September 8, 2003 by and among FLEET CAPITAL CORPORATION, a Rhode Island corporation, individually as a Lender and as Agent (in such capacity, “Agent”) for itself, and any other financial institution which becomes a party to the Financing and Security Agreement described below (each such financial institution, including Agent is referred to hereinafter individually as a “Lender” and collectively as “Lenders”), LENDERS, HENRY COMPANY, a California corporation (“Henry”), and KIMBERTON ENTERPRISES, INC., a Delaware corporation (“Kimberton”) (Henry, together with Kimberton, are referred to hereinafter each individually as a “Borrower” and collectively as “Borrowers”).

AMENDMENT TO FINANCING AND SECURITY AGREEMENT
Financing and Security Agreement • April 27th, 2004 • Argan Inc • General industrial machinery & equipment, nec

THIS FIRST AMENDMENT TO FINANCING AND SECURITY AGREEMENT (this "Agreement") is made as of the ____ day of February, 2004, by and among Argan, Inc. (formally Puroflow Incorporated)("Argan") and Southern Maryland Cable, Inc. ("SMC") joint and severally (each of Argan and SMC, a "Borrower"; Argan and SMC, collectively, the "Borrowers") and BANK OF AMERICA, N.A., a national banking association (the "Lender").

FINANCING AND SECURITY AGREEMENT
Financing and Security Agreement • January 13th, 2017 • Learning Tree International, Inc. • Services-educational services • Georgia

This Financing and Security Agreement is dated for purposes of reference January 12, 2017 (the "Closing Date"), is by and between the undersigned, Learning Tree International, Inc whose address is 13650 Dulles Technology Dr Ste 400 Herndon, VA 20171, and Learning Tree International USA, Inc. whose address is 13650 Dulles Technology Dr. Ste 400 Herndon, VA 20171 (hereinafter each referred to as “CLIENT” and collectively referred to as "CLIENT") and ACTION CAPITAL CORPORATION (hereinafter referred to as "ACTION"), which has its executive office and principal place of business at 230 Peachtree St. NW, Suite 1910, Atlanta, GA 30303. CLIENT and ACTION agree as follows:

SIXTH AMENDMENT TO SECOND AMENDED AND RESTATED FINANCING AND SECURITY AGREEMENT
Financing and Security Agreement • March 4th, 2008 • ARGON ST, Inc. • Measuring & controlling devices, nec

THIS SIXTH AMENDMENT TO SECOND AMENDED AND RESTATED FINANCING AND SECURITY AGREEMENT (this “Agreement”) is made as of February 28, 2008, by ARGON ST, INC., a Delaware corporation, successor to SensyTech, Inc., formerly known as Sensys Technologies Inc., a Delaware corporation (“Argon”), COHERENT SYSTEM INTERNATIONAL, LLC, a Delaware limited liability company (“Coherent”), and BANK OF AMERICA, N. A., a national banking association (the “Lender”).

SECOND AMENDED AND RESTATED INVENTORY FINANCING AND SECURITY AGREEMENT
Financing and Security Agreement • October 29th, 2020 • Carvana Co. • Retail-auto dealers & gasoline stations

This Second Amended and Restated Inventory Financing and Security Agreement (“Agreement”) is effective as of October 1, 2020, and is made by and among the following parties:

THIRD AMENDMENT TO FINANCING AND SECURITY AGREEMENT
Financing and Security Agreement • December 10th, 2021 • theMaven, Inc. • Cable & other pay television services • California

This THIRD AMENDMENT TO FINANCING AND SECURITY AGREEMENT (this “Amendment”) is made and entered into as of December 6, 2021, by and among MAVEN COALITION, INC., a Delaware corporation (“Coalition”), THEMAVEN, INC., a Delaware corporation (“TheMaven”), MAVEN MEDIA BRANDS, LLC, a Delaware limited liability company (“Brands”), THESTREET, INC., a Delaware corporation (together with Coalition, TheMaven and Brands, collectively, “Initial Borrowers”), COLLEGE SPUN MEDIA INCORPORATED, a New Jersey corporation (together with Initial Borrowers, collectively, “Borrowers”), and FAST PAY PARTNERS LLC (“Lender”).

RECITALS
Financing and Security Agreement • November 16th, 1998 • Fti Consulting Inc • Services-management consulting services • Maryland
FIFTH AMENDMENT TO SECOND AMENDED AND RESTATED FINANCING AND SECURITY AGREEMENT
Financing and Security Agreement • April 6th, 2006 • ARGON ST, Inc. • Measuring & controlling devices, nec

THIS FIFTH AMENDMENT TO SECOND AMENDED AND RESTATED FINANCING AND SECURITY AGREEMENT (this “Agreement”) is made as of March 31, 2006, by ARGON ST, INC., a Delaware corporation, successor to SensyTech, Inc., formerly known as Sensys Technologies Inc., a Delaware corporation (“Argon”) (the “Original Borrower”), RADIX TECHNOLOGIES, INC., a California corporation (“Radix”) and BANK OF AMERICA, N. A., a national banking association (the “Lender”).

FINANCING AND SECURITY AGREEMENT
Financing and Security Agreement • November 13th, 1998 • Chatwins Group Inc • Prefabricated metal buildings & components • Maryland
REVOLVING ACCOUNTS RECEIVABLE ASSIGNMENT AND TERM LOAN FINANCING AND SECURITY AGREEMENT
Financing and Security Agreement • March 3rd, 2020 • SMG Industries Inc. • Crude petroleum & natural gas • Texas

THIS REVOLVING ACCOUNTS RECEIVABLE ASSIGNMENT AND TERM LOAN FINANCING AND SECURITY AGREEMENT (the “Agreement”) is made as of February 27, 2020 by and between 5J Oil Field Services, LLC and 5J Trucking, LLC whose address are 710 N. Post Oak Rd., Suite 315, Houston, Texas 77024, together with SMG Industries, Inc. whose address is 710 N. Post Oak Rd., Suite 315, Houston, Texas 77024 and each other Person who from time to time may become a Party hereto or an affiliate (individually and collectively herein “Client” or the “Company”, and Amerisource Funding, Inc., a Texas Corporation (together with its successors and assigns, “Amerisource”), as lender (each a “Party” and, collectively herein, the “Parties”).

FINANCING AND SECURITY AGREEMENT
Financing and Security Agreement • September 27th, 2023 • GameSquare Holdings, Inc. • Services-amusement & recreation services

This Financing and Security Agreement (“Agreement”) is made and entered into on September 14, 2023 by and among FRANKLY MEDIA LLC (“Administrative Borrower”), GCN, INC. (“GCN”), GAMESQUARE ESPORTS (USA) INC. d/b/a Fourth Square Studios (“GSQ USA”), NEXTGEN TECH LLC d/b/a Complexity Gaming (“Complexity”), SWINGMAN, LLC d/b/a Cut+Sew and Zoned (“Zoned”), MISSION SUPPLY LLC (“Mission”), and SIDEQIK, INC. (“Sideqik” and together with Administrative Borrower, GCN, GSQ USA, Complexity, Zoned, Mission, and Sideqik on a joint and several basis, “Borrower”, and any reference to “Borrower” hereunder shall be deemed a reference to each of the foregoing Borrowers), and SLR DIGITAL FINANCE LLC (“Lender”). Lender has agreed, in accordance with the terms herein in Lender's sole discretion, to make Advances against the Face Amount of certain of Borrower’s Accounts, provided that Borrower agrees to the provisions of this Agreement. Capitalized terms used herein shall have the meanings ascribed thereto

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