Loan And Security Agreement Sample Contracts

Flat Rock Capital Corp. – Loan and Security Agreement (October 18th, 2018)

THIS LOAN AND SECURITY AGREEMENT (this "Agreement") is dated as of October 12, 2018, among FRC FUNDING I, LLC, a Delaware limited liability company ("Borrower"), FLAT ROCK CAPITAL CORP., a Maryland corporation ("Servicer"), the financial institutions party to this Agreement from time to time as lenders (collectively, "Lenders"), and STATE BANK AND TRUST COMPANY, a state banking institution incorporated or otherwise organized under the laws of the State of Georgia, as agent for the Lenders (in such capacity, "Agent").

Alcobra Ltd. – ARCTURUS THERAPEUTICS, INC., a DELAWARE CORPORATION WESTERN ALLIANCE BANK, an Arizona Corporation LOAN AND SECURITY AGREEMENT (October 15th, 2018)

This LOAN AND SECURITY AGREEMENT (this "Agreement") is entered into as of October 12, 2018 by and between WESTERN ALLIANCE BANK, an Arizona corporation ("Bank"), and ARCTURUS THERAPEUTICS, INC., a Delaware corporation ("Borrower").

Axonics Modulation Technologies, Inc. – Loan and Security Agreement (October 5th, 2018)
Zev Ventures Inc. – Loan and Security Agreement (October 4th, 2018)

THIS LOAN AND SECURITY AGREEMENT is made and dated as of March 9, 2018 and is entered into by and between FULL SPECTRUM, INC., a Delaware corporation, and each of its Domestic Subsidiaries signatory hereto or hereinafter a party hereto by joinder (hereinafter collectively referred to as the "Borrower"), and STEWARD CAPITAL HOLDINGS, LP, a Delaware limited partnership, and its successors and assigns (together with its successors and assigns, hereinafter referred to as "Lender")

Pacific Entertainment – Amendment No. 2 to Loan and Security Agreement (October 4th, 2018)

This Amendment No. 2 to Loan and Security Agreement (this "Amendment") is entered into and made effective as of August 27, 2018, by and between Llama Productions LLC, a California limited liability company (the "Borrower"), and Bank Leumi USA, a New York banking corporation (the "Lender").

Pacific Entertainment – Loan and Security Agreement (October 4th, 2018)

This Loan and Security Agreement (as amended, restated, supplemented, or otherwise modified from time to time, this "Agreement") is made and entered into as of September 28, 2018, by and between Llama Productions LLC, a California limited liability company (the "Borrower"), and Bank Leumi USA, a New York banking corporation (the "Lender").

Zev Ventures Inc. – Loan and Security Agreement (October 4th, 2018)

THIS LOAN AND SECURITY AGREEMENT is made and dated as of October 1, 2018 and is entered into by and between ZEV VENTURES INCORPORATED, a Nevada corporation, and each of its Domestic Subsidiaries signatory hereto or hereinafter a party hereto by joinder (hereinafter collectively referred to as the "Borrower"), and ENERGY CAPITAL, LLC, a Florida limited liability company, and its successors and assigns (together with its successors and assigns, hereinafter referred to as "Lender").

Quicklogic Corporation HERITAGE BANK OF COMMERCE LOAN AND SECURITY AGREEMENT (October 3rd, 2018)

This Loan And Security Agreement is entered into as of September 28, 2018, by and between HERITAGE BANK OF COMMERCE ("Bank") and Quicklogic Corporation ("Borrower").

LOAN AND SECURITY AGREEMENT by and Between AVIDBANK and NTN BUZZTIME, INC. Dated as of September 28, 2018 (October 1st, 2018)

This LOAN AND SECURITY AGREEMENT (this "Agreement"), dated as of September 28, 2018, is entered into by and between AVIDBANK, a California banking corporation ("Bank"), and NTN BUZZTIME, INC., a Delaware corporation ("Borrower").

Nlight, Inc. – Loan and Security Agreement (September 27th, 2018)

This Agreement amends and restates in its entirety the Loan and Security Agreement, dated March 13, 2014, between Borrower (formerly known as nLIGHT Photonics Corporation), Arbor Photonics, LLC ("Existing Co-Borrower") and Lender (as successor in interest by merger to Square 1 Bank) as further amended and restated in its entirety by that certain Amended and Restated Loan and Security Agreement, dated as of March 28, 2018 (the "Prior Loan Agreement"). Except as provided by Section 9.23, any and all security agreements, pledge agreements, certified resolutions, guaranties, subordination agreements, intercreditor agreements, letter of credit agreements, treasury management agreements, and other documents, instruments and agreements relating to the Prior Loan Agreement continue in full force and effect and any references therein to the Prior Loan Agreement shall be deemed to refer to this Agreement. All existing loans and other extensions of credit made pursuant to the Prior Loan Agreemen

Sysorex, Inc. – Payplant Loan and Security Agreement (September 27th, 2018)

THIS LOAN AND SECURITY AGREEMENT (this "Agreement"), is entered into between Payplant LLC ("Payplant"), a Delaware limited liability company, as agent for Payplant Alternatives Fund LLC, a Delaware limited liability company ("Lender"), and Sysorex, Inc., a Nevada corporation and successor-in-interest by merger to Inpixon USA, a California corporation, with offices at 2479 East Bayshore Road, Suite 195, Palo Alto, CA 94303 ("Sysorex") and Sysorex Government Services, Inc., a Virginia corporation, with offices at 2479 East Bayshore Road, Suite 195, Palo Alto, CA 94303 ("SGS" and together with Sysorex, jointly and severally, the "Borrower"), effective upon the date of signature by Borrower to this Agreement.

Ninth Amendment to Loan and Security Agreement (September 25th, 2018)

This Ninth Amendment to Loan and Security Agreement is entered into as of September 21, 2018 (the "Amendment"), by and between HERITAGE BANK OF COMMERCE ("Bank") and BRIDGELINE DIGITAL, INC. ("Borrower").

Pacific Special Acquisition Corp. – Loan and Security Agreement (September 14th, 2018)

THIS LOAN AND SECURITY AGREEMENT ("Agreement") is entered into on the above date (the "Effective Date") between PARTNERS FOR GROWTH IV, L.P. ("PFG"), whose address is 1660 Tiburon Blvd., Suite D, Tiburon, CA 94920 and Borrower(s) named above (jointly and severally, the "Borrower"), whose registered offices are located at the above addresses ("Borrower's Address"). The Schedule to this Agreement (the "Schedule") being signed by the parties concurrently, is an integral part of this Agreement. (Definitions of certain terms used in this Agreement are set forth in Section 7 below.)

Loan and Security Agreement (September 12th, 2018)

THIS LOAN AND SECURITY AGREEMENT is dated as of April 19, 2018, among SUPER MICRO COMPUTER, INC., a Delaware corporation ("SMCI", together with any other party joined hereto after the U.S. Closing Date as a "U.S. Borrower", individually, each a "U.S. Borrower" and collectively, the "U.S. Borrowers"), upon the Dutch Closing Date (as defined below), SUPER MICRO COMPUTER B.V., a private limited liability company formed under the laws of the Netherlands and registered with the Trade Register of the Dutch Chamber of Commerce under number 17102792 ("SMCI BV", together with any other party joined hereto after the Dutch Closing Date as a "Dutch Borrower", individually, each a "Dutch Borrower" and collectively, the "Dutch Borrowers", and together with U.S. Borrowers, individually, a "Borrower" and, collectively, the "Borrowers"), the financial institutions party to this Agreement from time to time as Lenders, and BANK OF AMERICA, N.A., a national banking association ("Bank of America"), as admi

Precision Aerospace Components, Inc. – LOAN AND SECURITY AGREEMENT Prime Metals Acquisition LLC and Berkshire Bank Dated as of August 31, 2018 Page (September 10th, 2018)

This Loan and Security Agreement ("Agreement") is dated this 31st day of August, 2018, by and between Prime Metals Acquisition LLC, a Delaware limited liability company ("Prime Metals", together with each other Person joined hereto as a borrower from time to time, each a "Borrower" and collectively, "Borrowers"), and Berkshire Bank, a Massachusetts Banking Corporation ("Lender").

CONFIDENTIAL TREATMENT REQUESTED Execution Copy AMENDMENT NO. 1 TO RECEIVABLES LOAN AND SECURITY AGREEMENT AMENDMENT NO. 1 DATED JUNE 8, 2018 (This "Amendment") to the RECEIVABLES LOAN AND SECURITY AGREEMENT, DATED AS OF JANUARY 25, 2018 (The "Existing Agreement"), Among VOLT FUNDING II, LLC (The "Borrower"), VOLT INFORMATION SCIENCES, INC. (The "Servicer"), AUTOBAHN FUNDING COMPANY LLC ("Autobahn"), as Conduit Lender, the OTHER LENDERS PARTY THERETO, DZ BANK AG DEUTSCHE ZENTRAL-GENOSSENSCHAFTSBANK, FRANKFURT AM MAIN, NEW YORK BRANCH ("DZ Bank"), as Agent (The "Agent") and Autobahn and DZ Bank (September 7th, 2018)
Upwork Inc. – Loan and Security Agreement (September 6th, 2018)
Loan and Security Agreement (August 31st, 2018)

THIS LOAN AND SECURITY AGREEMENT is made and dated as of March 6, 2018 and is entered into by and between Mesoblast Limited ACN 109 431 870, an Australian listed public company ("Parent" and "Guarantor"), Mesoblast UK Limited, a company incorporated in England and Wales with registered number 07596260 whose registered address is 5 New Street Square, London, EC4A 3TW, United Kingdom ("Mesoblast UK"), Mesoblast, Inc., a Delaware corporation ("Mesoblast USA"), Mesoblast International (UK) Limited, a company incorporated in England and Wales with registered number 09630007 whose registered address is 5 New Street Square, London, EC4A 3TW, United Kingdom ("Mesoblast Intl UK"), Mesoblast International Sarl, a company organized under the laws of Switzerland ("Mesoblast SUI") and each of Parent's Subsidiaries that delivers a Joinder Agreement pursuant to Section 7.13 of the Agreement (together with Mesoblast USA, Mesoblast UK, Mesoblast Intl UK and Mesoblast SUI, collectively referred to as th

Loan and Security Agreement (August 31st, 2018)

THIS LOAN AND SECURITY AGREEMENT is made and dated as of June 29, 2018 and is entered into by and between Mesoblast Limited ACN 109 431 870, an Australian listed public company ("Parent"), Mesoblast UK Limited, a company incorporated in England and Wales with registered number 07596260 whose registered address is 5 New Street Square, London, EC4A 3TW, United Kingdom ("Mesoblast UK"), Mesoblast, Inc., a Delaware corporation ("Mesoblast USA" or the "Borrower"), Mesoblast International (UK) Limited, a company incorporated in England and Wales with registered number 09630007 whose registered address is 5 New Street Square, London, EC4A 3TW, United Kingdom ("Mesoblast Intl UK"), Mesoblast International Sarl, a company organized under the laws of Switzerland ("Mesoblast SUI"), and each of Parent's Subsidiaries that delivers a Joinder Agreement pursuant to Section 7.13 of the Agreement (together with Mesoblast UK, Mesoblast Intl UK, Mesoblast SUI, and Parent, collectively referred to as the "

Sutro Biopharma Inc – Loan and Security Agreement (August 29th, 2018)

THIS LOAN AND SECURITY AGREEMENT (as the same may from time to time be amended, modified, supplemented or restated, this Agreement) dated as of August 4, 2017 (the Effective Date) 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 hereof or otherwise a party hereto from time to time including Oxford in its capacity as a Lender and SILICON VALLEY BANK, a California corporation with an office located at 3003 Tasman Drive, Santa Clara, CA 95054 (Bank or SVB) (each a Lender and collectively, the Lenders), and SUTRO BIOPHARMA, INC., a Delaware corporation with offices located at 310 Utah Street, Suite 150, South San Francisco, CA 94080 (Borrower), provides the terms on which the Lenders shall lend to Borrower and Borrower shall repay the Lenders. The parties agree as follows:

Axonics Modulation Technologies, Inc. – Loan and Security Agreement (August 28th, 2018)
H/Cell Energy Corp – Loan and Security Agreement (August 24th, 2018)

THIS LOAN AND SECURITY AGREEMENT (including all schedules, exhibits and appendices attached or otherwise identified therewith, as amended, modified or restated from time to time, this "Agreement") dated as of August 21, 2018 (the "Effective Date"), is between (a) THERMO COMMUNICATIONS FUNDING, LLC, a Delaware limited liability company (together with its successors and assigns, "Lender"), (b) PVBJ, INC., a New Jersey Corporation ("Debtor"), and (c) each Person identified as a Guarantor on the signature page hereto.

Eventbrite, Inc. – Loan and Security Agreement (August 23rd, 2018)

Borrower and each of Venture Lending & Leasing VII, Inc. (VLL7) and Venture Lending & Leasing VIII, Inc. (VLL8) have entered or anticipate entering into one or more transactions pursuant to which each Lender severally and not jointly agrees to make available to Borrower a loan facility governed by the terms and conditions set forth in this document and one or more Supplements executed by Borrower and Lender which incorporate this document by reference. Each Supplement constitutes a supplement to and forms part of this document, and will be read and construed as one with this document, so that this document and the Supplement constitute a single agreement between the parties (collectively referred to as this Agreement).

Eventbrite, Inc. – Loan and Security Agreement (August 23rd, 2018)

Borrower and Lender have entered or anticipate entering into one or more transactions pursuant to which Lender agrees to make available to Borrower a loan facility governed by the terms and conditions set forth in this document and one or more Supplements executed by Borrower and Lender which incorporate this document by reference. Each Supplement constitutes a supplement to and forms part of this document, and will be read and construed as one with this document, so that this document and the Supplement constitute a single agreement between the parties (collectively referred to as this Agreement).

Cancer Genetics, Inc – Waiver and Modification No. 3 to Loan and Security Agreement (August 21st, 2018)

This Third Modification and Modification No. 3 under Loan and Security Agreement (this "Third Modification") is entered into as of August 20, 2018 (the "Third Modification Effective Date"), by and between Partners for Growth IV, L.P. ("PFG"), as lender, and each of (i) CANCER GENETICS, INC., a Delaware corporation ("Parent"), (ii) GENTRIS, LLC, a Delaware limited liability company ("Delaware Subsidiary"), (iii) VIVOPHARM, LLC, a Delaware limited liability company ("Vivo"), and (iv) RDDT A VIVOPHARM COMPANY PTY LTD, a company incorporated under the laws of Australia ("Australian Borrower", and together with Parent, Delaware Subsidiary, and Vivo, jointly and severally, individually and collectively, "Borrower"). Capitalized terms used but not defined in this Third Modification shall have the meanings given them in the Loan Agreement.

Bfc Financial – Loan and Security Agreement (August 21st, 2018)

This FIFTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this "Amendment"), dated as of August 15, 2018 ("Amendment Date"), by and among BLUEGREEN VACATIONS CORPORATION, a Florida corporation f/k/a Bluegreen Corporation ("Borrower"), each of the financial institutions from time to time party hereto (individually, each a "Lender", and collectively, the "Lenders") and PACIFIC WESTERN BANK, a California state-chartered bank, as successor-by-merger to CapitalSource Bank, as administrative, payment and collateral agent for itself, as a Lender and the other Lenders (in such capacities, "Agent").

Loan and Security Agreement (August 20th, 2018)

This FIFTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this "Amendment"), dated as of August 15, 2018 ("Amendment Date"), by and among BLUEGREEN VACATIONS CORPORATION, a Florida corporation f/k/a Bluegreen Corporation ("Borrower"), each of the financial institutions from time to time party hereto (individually, each a "Lender", and collectively, the "Lenders") and PACIFIC WESTERN BANK, a California state-chartered bank, as successor-by-merger to CapitalSource Bank, as administrative, payment and collateral agent for itself, as a Lender and the other Lenders (in such capacities, "Agent").

American Brewing Company, Inc. – LOAN AND SECURITY AGREEMENT Dated as of August 10, 2018 Between Siena Lending Group LLC, as Lender, New Age Beverages Corporation NABC, INC. NABC Properties, LLC New Age Health Sciences, Inc. As Borrower, (August 16th, 2018)

This Loan and Security Agreement (as it may be amended, restated or otherwise modified from time to time, this "Agreement") is entered into as of August 10, 2018 among (1) SIENA LENDING GROUP LLC, together with its successors and assigns ("Lender"), (2) NEW AGE BEVERAGES CORPORATION, a Washington corporation ("Borrower 1"), NABC, INC., a Colorado corporation ("Borrower 2") NABC PROPERTIES, LLC, a Colorado limited liability company ("Borrower 3"), NEW AGE HEALTH SCIENCES, INC., a Nevada corporation ("Borrower 4 and together with Borrower 1, Borrower 2, Borrower 3 and any other Person who from time to time becomes a borrower hereunder, individually and collectively as the context may require, "Borrower"). The Schedules and Exhibits to this Agreement are an integral part of this Agreement and are incorporated herein by reference. Terms used, but not defined elsewhere, in this Agreement are defined in Schedule B.

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

This Eighth Amendment to Loan and Security Agreement is entered into as of August 10, 2018 (the "Amendment"), by and between HERITAGE BANK OF COMMERCE ("Bank") and BRIDGELINE DIGITAL, INC. ("Borrower").

Cardlytics, Inc. – Loan and Security Agreement (August 14th, 2018)

THIS LOAN AND SECURITY AGREEMENT is entered into on the above date between PACIFIC WESTERN BANK, a California state chartered bank ("PWB"), whose address is 406 Blackwell Street, Suite 240, Durham, North Carolina 27701, and the borrower named above (the "Borrower"), whose chief executive office is located at the above address ("Borrower's Address"). PWB and lenders that may hereafter join as lenders under this Agreement are herein sometimes collectively referred to as "Lenders" and individually as a "Lender". PWB, in its capacity as administrative and collateral Agent for the Lenders, is referred to herein as the "Agent" (which term shall include any successor Agent in accordance with terms hereof). The Schedule to this Agreement (the "Schedule") shall for all purposes be deemed to be a part of this Agreement, and the same is an integral part of this Agreement. (Definitions of certain terms used in this Agreement are set forth in Section 8 below and in Exhibit A hereto.)

Identive Group – Sixth Amendment to Loan and Security Agreement (August 13th, 2018)

This Sixth Amendment to Loan and Security Agreement is entered into as of April 18, 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".

Dova Pharmaceuticals, Inc. – Loan and Security Agreement (August 9th, 2018)

THIS LOAN AND SECURITY AGREEMENT (this Agreement) is dated and is effective as of April 17, 2018 (the Effective Date) between SILICON VALLEY BANK, a California corporation (Bank), and DOVA PHARMACEUTICALS, INC., a Delaware corporation (Dova) and AKARX, INC., a Delaware corporation (Akarx and together with Dova, each a Co-Borrower and collectively Co-Borrowers), provides the terms on which Bank shall lend to Co-Borrowers and Co-Borrowers shall repay Bank. The parties agree as follows:

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 June 13, 2018, by and between PACIFIC WESTERN BANK, a California state chartered bank ("Bank"), and CIDARA THERAPEUTICS, INC. ("Borrower").

Acme United Corporation. – Seventh Amendment to Loan and Security Agreement (August 9th, 2018)

This SEVENTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (the "Amendment") is entered into as of May 24, 2018 between ACME UNITED CORPORATION, a Connecticut corporation (the "Borrower") and HSBC BANK USA, NATIONAL ASSOCIATION (the "Lender").

SendGrid, Inc. – Tenth Amendment to Loan and Security Agreement (August 9th, 2018)

This Tenth Amendment to Loan and Security Agreement (the Amendment), is entered into as of August 6, 2018, by and between PACIFIC WESTERN BANK, a California state chartered bank (Bank) and SENDGRID, INC. (Borrower).