Loan And Security Agreement Sample Contracts

Share Cite Term
Link

Embed (HTML)
Loan and Security Agreement (November 20th, 2017)

THIS LOAN AND SECURITY AGREEMENT (this "Agreement"), dated as of November 17, 2017, among: (a) FALCONSTOR SOFTWARE, INC., a Delaware corporation ("Borrower" or the "Company"), (b) the other Loan Parties from time to time party hereto and (c) HCP-FVA, LLC, a Delaware limited liability company (together with its successors and assigns, "Lender"), provides the terms on which Lender shall lend to Borrower and Borrower shall repay Lender. The parties agree as follows:

Lifeway Foods, Inc. – Thirteenth Modification to Loan and Security Agreement (November 14th, 2017)

This Thirteenth Modification to Loan and Security Agreement (this "Amendment") is entered into as of July 6, 2017 by and among THE PRIVATEBANK AND TRUST COMPANY (the "Bank"), LIFEWAY FOODS, INC., an Illinois corporation ("Lifeway"), FRESH MADE, INC., a Pennsylvania corporation ("FMI"), HELIOS NUTRITION LIMITED, a Minnesota corporation ("Helios"), THE LIFEWAY KEFIR SHOP LLC, an Illinois limited liability company formerly known as STARFRUIT, LLC ("LKS"), and LIFEWAY WISCONSIN, INC., an Illinois corporation ("LWI" and together with Lifeway, FMI, Helios, and LKS being sometimes collectively referred to as the "Borrowers").

Lifeway Foods, Inc. – Fifteenth Modification to Loan and Security Agreement (November 14th, 2017)

This Fifteenth Modification to Loan and Security Agreement (this "Amendment") is entered into as of November 1, 2017 (the "Effective Date") by and among CIBC BANK USA, formerly known as THE PRIVATEBANK AND TRUST COMPANY (the "Bank"), LIFEWAY FOODS, INC., an Illinois corporation ("Lifeway"), FRESH MADE, INC., a Pennsylvania corporation ("FMI"), HELIOS NUTRITION LIMITED, a Minnesota corporation ("Helios"), THE LIFEWAY KEFIR SHOP LLC, an Illinois limited liability company formerly known as STARFRUIT, LLC ("LKS"), and LIFEWAY WISCONSIN, INC., an Illinois corporation ("LWI" and together with Lifeway, FMI, Helios and LKS being sometimes collectively referred to as the "Borrowers").

Lifeway Foods, Inc. – Fourtheenth Modification to Loan and Security Agreement (November 14th, 2017)

This Fourteenth Modification to Loan and Security Agreement (this "Amendment") is entered into as of July 20, 2017 (the "Effective Date") by and among THE PRIVATEBANK AND TRUST COMPANY (the "Bank"), LIFEWAY FOODS, INC., an Illinois corporation ("Lifeway"), FRESH MADE, INC., a Pennsylvania corporation ("FMI"), HELIOS NUTRITION LIMITED, a Minnesota corporation ("Helios"), THE LIFEWAY KEFIR SHOP LLC, an Illinois limited liability company formerly known as STARFRUIT, LLC ("LKS"), and LIFEWAY WISCONSIN, INC., an Illinois corporation ("LWI" and together with Lifeway, FMI, Helios and LKS being sometimes collectively referred to as the "Borrowers").

Loan and Security Agreement (November 13th, 2017)

This LOAN AND SECURITY AGREEMENT (this "Agreement") is entered into as of September 30, 2017, (the "Effective Date"), by and between NATURAL ALTERNATIVES INTERNATIONAL, INC., a Delaware corporation, (the "Lender") on the one hand, and KAGED MUSCLE LLC, a Delaware limited liability company ("Borrower"), and MICHAEL MCCLANE, an individual resident in Idaho (the "Guarantor" and together with Borrower, the "Debtor Parties") on the one hand. Each of Lender, Borrower and Guarantor may be referred to individually as a "Party", and collectively as the "Parties"), and.

Quanterix Corp – Amendment No. 3 to Loan and Security Agreement (November 9th, 2017)

This AMENDMENT NO. 3 TO LOAN AND SECURITY AGREEMENT (this Amendment), is entered into as of March 31, 2017, but is effective as of March 1, 2017, by and among (a) QUANTERIX CORPORATION, a Delaware corporation (Borrower), (b) the several banks and other financial institutions or entities from time to time parties to the Loan Agreement (as defined below) (collectively referred to as Lender), and (c) HERCULES CAPITAL, INC. (formerly known as Hercules Technology Growth Capital, Inc.), a Maryland corporation, in its capacity as administrative agent for itself and the Lender (in such capacity, Agent).

Quanterix Corp – Amendment No. 2 to Loan and Security Agreement (November 9th, 2017)

This AMENDMENT NO. 2 TO LOAN AND SECURITY AGREEMENT (this Amendment), is entered into as of January 29, 2016, by and among (a) QUANTERIX CORPORATION, a Delaware corporation (Borrower), (b) the several banks and other financial institutions or entities from time to time parties to the Loan Agreement (as defined below) (collectively referred to as Lender), and (c) HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent for itself and the Lender (in such capacity, Agent).

DXP Enterprises, Inc. – Loan and Security Agreement (November 9th, 2017)
Quanterix Corp – Loan and Security Agreement (November 9th, 2017)

THIS LOAN AND SECURITY AGREEMENT is made and dated as of April 14, 2014 and is entered into by and between QUANTERIX CORPORATION, a Delaware corporation (Borrower), the several banks and other financial institutions or entities from time to time parties to this Agreement (collectively, referred to as Lender) and HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent for itself and the Lender (in such capacity, the Agent).

Sophiris Bio Inc. – Loan and Security Agreement (November 9th, 2017)

THIS LOAN AND SECURITY AGREEMENT (this "Agreement") dated as of September 8, 2017 (the "Effective Date") among SILICON VALLEY BANK, a California corporation ("Bank"), SOPHIRIS BIO INC., a corporation existing under the laws of the Province of British Columbia ("Canadian Borrower"), Sophiris Bio Corp., a Delaware corporation ("US Borrower Corp"), and Sophiris Bio Holding Corp., a Delaware corporation ("US Borrower Holding"; together with Canadian Borrower and US Borrower Corp, collectively, "Borrower"), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:

SendGrid, Inc. – Seventh Amendment to Loan and Security Agreement (November 9th, 2017)

This Seventh Amendment to Loan and Security Agreement (the Amendment), is entered into as of September 26, 2017, by and between PACIFIC WESTERN BANK, a California state chartered bank (Bank) and SENDGRID, INC. (Borrower).

Quanterix Corp – Amendment No. 1 to Loan and Security Agreement (November 9th, 2017)

THIS AMENDMENT NO. 1 TO LOAN AND SECURITY AGREEMENT (this Amendment) is dated as of March 4, 2015 and is entered into by and among QUANTERIX CORPORATION, a Delaware corporation, (the Borrower), and the several banks and other financial institutions or entities from time to time parties to the Loan Agreement (as defined below) (collectively referred to as Lender) and HERCULES TECHNOLOGY GROWTH CAPITAL, INC. a Maryland corporation, in its capacity as administrative agent for itself and the Lender (in such capacity, the Agent). Capitalized terms used herein without definition shall have the same meanings given them in the Loan Agreement.

Loan and Security Agreement (November 8th, 2017)

THIS LOAN AND SECURITY AGREEMENT (this "Agreement") dated as of August 7, 2017 (the "Effective Date") between SILICON VALLEY BANK, a California corporation ("Bank"), and CALIX, INC., a Delaware corporation ("Borrower"), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:

Advanced Emissions Solutions, Inc. – Eleventh Amendment of 2013 Loan and Security Agreement (November 6th, 2017)

THIS ELEVENTH AMENDMENT OF 2013 LOAN AND SECURITY AGREEMENT ("Eleventh Amendment") is made as of the 30th day of September, 2017 (the "Effective Date") by and among ADA-ES, INC., a Colorado corporation ("Borrower"), ADVANCED EMISSIONS SOLUTIONS, INC., a Delaware corporation ("ADES"), and COBIZ BANK, a Colorado corporation, d/b/a COLORADO BUSINESS BANK ("Lender").

LOAN AND SECURITY AGREEMENT (Warehouse SUBI Certificate) (November 3rd, 2017)

Timely tracking and reporting of appropriate metrics are key to effective risk and performance management. The following metrics will be tracked for appropriate actions [***] as the portfolio grows and performance evolves:

RESTATED CREDIT FACILITY, LOAN AND SECURITY AGREEMENT by and Between: PEAK RESORTS, INC., HIDDEN VALLEY GOLF AND SKI INC., PAOLI PEAKS, INC., SNOW CREEK, INC., L.B.O. HOLDING, INC., and SNH DEVELOPMENT, INC. Collectively, as Borrowers, and ROYAL BANKS OF MISSOURI, a Missouri Banking Corporation as Lender DATED AS OF OCTOBER 27, 2017 (November 2nd, 2017)
SMG Indium Resources Ltd. – Loan and Security Agreement (October 27th, 2017)

This Agreement dated May 11, 2017, is an agreement between CRESTMARK BANK ("Crestmark"), and M G CLEANERS, LLC, a Texas limited liability company ("Borrower"). In this Agreement, Crestmark and Borrower are collectively the "Parties". Any person or entity who guarantees the obligations of Borrower (each a "Guarantor") is required to sign this Agreement. The Parties have the addresses shown on the schedule ("Schedule") which is attached to this Agreement. These are the addresses of the Parties for all purposes and may be changed by one party giving notice to the other party in writing of the new address.

scPharmaceuticals Inc. – Loan and Security Agreement (October 23rd, 2017)

THIS LOAN AND SECURITY AGREEMENT (as the same may be amended, restated, modified, or supplemented from time to time, this Agreement) dated as of May 23, 2017 (the Effective Date) among Solar Capital Ltd. (Solar), 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 hereof or otherwise a party hereto from time to time including Solar in its capacity as a Lender and Silicon Valley Bank (Bank) as a Lender each a Lender and collectively, the Lenders), and scPharmaceuticals Inc., a Delaware corporation with offices located at 131 Hartwell Avenue, Suite 215, Lexington, MA 02421 (Borrower), provides the terms on which the Lenders shall lend to Borrower and Borrower shall repay the Lenders. The parties agree as follows:

Arsanis, Inc. – Loan and Security Agreement (October 20th, 2017)

THIS LOAN AND SECURITY AGREEMENT (this Agreement) dated as of December 7, 2012 (the Effective Date) 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 ARSANIS, INC., a Delaware corporation (Borrower), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:

Apellis Pharmaceuticals, Inc. – Loan and Security Agreement (October 20th, 2017)

THIS LOAN AND SECURITY AGREEMENT (this Agreement) dated as of October 20, 2017 (the Effective Date) 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 APELLIS PHARMACEUTICALS, INC., a Delaware corporation (Borrower), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:

SendGrid, Inc. – Second Amendment to Loan and Security Agreement (October 18th, 2017)

THIS SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (the Amendment), is entered into as of December 1, 2014, by and between SQUARE 1 BANK (Bank) and SENDGRID, INC. (Borrower).

SendGrid, Inc. – Sendgrid, Inc. Loan and Security Agreement (October 18th, 2017)

THIS LOAN AND SECURITY AGREEMENT (the Agreement) is entered into as of June 27, 2013, by and between SQUARE 1 BANK (Bank) and SENDGRID, INC. (Borrower).

SendGrid, Inc. – First Amendment to Loan and Security Agreement (October 18th, 2017)

THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (the Amendment), is entered into as of May 16, 2014, by and between SQUARE 1 BANK (Bank) and SENDGRID, INC. (Borrower).

SendGrid, Inc. – Third Amendment to Loan and Security Agreement (October 18th, 2017)

THIS THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (the Amendment), is entered into as of April 28, 2015, by and between SQUARE 1 BANK (Bank) and SENDGRID, INC. (Borrower).

SendGrid, Inc. – Fourth Amendment to Loan and Security Agreement (October 18th, 2017)

THIS FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (the Amendment), is entered into as of May 27, 2015, by and between SQUARE 1 BANK (Bank) and SENDGRID, INC. (Borrower).

SendGrid, Inc. – Fifth Amendment to Loan and Security Agreement (October 18th, 2017)

THIS FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (the Amendment), is entered into as of May 4, 2016, by and between PACIFIC WESTERN BANK, a California state chartered bank (Bank) and SENDGRID, INC. (Borrower).

SendGrid, Inc. – Sixth Amendment to Loan and Security Agreement (October 18th, 2017)

THIS SIXTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (the Amendment), is entered into as of May 8, 2017, by and between PACIFIC WESTERN BANK, a California state chartered bank (Batik) and SENDGRID, INC. (Borrower).

Janel World Trade – LOAN AND SECURITY AGREEMENT Dated as of October 17, 2017 Between SANTANDER BANK, N.A., as Lender, JANEL GROUP, INC., PCL TRANSPORT, LLC, JANEL ALPHA GP, LLC, W.J. BYRNES & CO., INC., LIBERTY INTERNATIONAL, INC., THE JANEL GROUP OF GEORGIA, INC. Jointly and Severally, Individually and Collectively, as Borrower, and JANEL CORPORATION, as a Loan Party Obligor (October 17th, 2017)

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 October 17, 2017, among (1) SANTANDER BANK, N.A., a national banking association ("Lender"), (2) JANEL GROUP, INC., a New York corporation ("Janel"), PCL TRANSPORT, LLC, a New Jersey limited liability company ("PCL"), JANEL ALPHA GP, LLC, a Delaware limited liability company ("Alpha"), W.J. BYRNES & CO., INC., a California corporation ("Byrnes"), LIBERTY INTERNATIONAL, INC., a Rhode Island corporation ("Liberty"), THE JANEL GROUP OF GEORGIA, INC., a Georgia corporation ("Georgia", and together with Janel, PCL, Alpha, Byrnes, and Liberty, individually and collectively, and jointly and severally referred to herein as "Borrower"), and (3) JANEL CORPORATION, a Nevada corporation ("Parent"), as a Loan Party Obligor (as defined herein). The Schedules and Exhibits to this Agreement are an integral part of this Agreement and are incorporated herein b

Loan and Security Agreement (October 13th, 2017)

This Loan and Security Agreement, dated as of October 10, 2017 (this "Agreement"), is entered by and between Bridgeline Digital, Inc., a Delaware corporation ("Borrower"), and Montage Capital II, L.P., a Delaware limited partnership ("Lender"). All capitalized terms used herein and not otherwise defined shall have the meanings provided in Section 13 hereof.

NGFC Equities, Inc. – The Securities Represented by This Certificate Have Not Been Registered Under the Securities Act of 1933, as Amended (The "1933 Act"), or Any State Securities Laws and Neither Such Shares Nor Any Interest Therein May Be Offered, Sold, Pledged, Assigned or Otherwise Transferred Unless (1) a Registration Statement With Respect Thereto Is Effective Under the 1933 Act and Any Applicable State Securities Laws, or (2) Pursuant to an Exemption From Registration Under the 1933 Act. In Addition, a Loan and Security Agreement Dated as of October 4, 2017 (The "Loan Agreement") Contains Certain Additional (October 11th, 2017)

American Resources Corporation, a company organized and existing under the laws of the State of Florida (the "Company"), hereby certifies that, for value received, Golden Properties Ltd., or its registered assigns (the "Warrant Holder"), is entitled, subject to the terms set forth below, to purchase from the Company up to Four Hundred Thousand (400,000) shares (as adjusted from time to time as provided in Section 7, the "Warrant Shares") of common stock, $.001 par value, of the Company (the "Common Stock") at a price of Eleven Dollars and Forty-Four Cents ($11.44) per Warrant Share (as adjusted from time to time as provided in Section 7, the "Exercise Price"), at any time and from time to time from and after the date thereof and through and including 5:00 p.m. Indianapolis, Indiana time on October 02, 2020 (the "Expiration Date"), and subject to the following terms and conditions:

NGFC Equities, Inc. – Loan and Security Agreement (October 11th, 2017)

GOLDEN PROPERTIES LTD., a British Columbia company with an office at Suite 500 - 1177 West Hastings Street, Vancouver, British Columbia, V6E 2K3,

NGFC Equities, Inc. – The Securities Represented by This Certificate Have Not Been Registered Under the Securities Act of 1933, as Amended (The "1933 Act"), or Any State Securities Laws and Neither Such Shares Nor Any Interest Therein May Be Offered, Sold, Pledged, Assigned or Otherwise Transferred Unless (1) a Registration Statement With Respect Thereto Is Effective Under the 1933 Act and Any Applicable State Securities Laws, or (2) Pursuant to an Exemption From Registration Under the 1933 Act. In Addition, a Loan and Security Agreement Dated as of October 4, 2017 (The "Loan Agreement") Contains Certain Additional (October 11th, 2017)

American Resources Corporation, a company organized and existing under the laws of the State of Florida (the "Company"), hereby certifies that, for value received, Golden Properties Ltd., or its registered assigns (the "Warrant Holder"), is entitled, subject to the terms set forth below, to purchase from the Company up to Four Hundred Thousand (400,000) shares (as adjusted from time to time as provided in Section 7, the "Warrant Shares") of common stock, $.001 par value, of the Company (the "Common Stock") at a price of Three Dollars and Fifty-Five Cents ($3.55) per Warrant Share (as adjusted from time to time as provided in Section 7, the "Exercise Price"), at any time and from time to time from and after the date thereof and through and including 5:00 p.m. Indianapolis, Indiana time on October 02, 2019 (the "Expiration Date"), and subject to the following terms and conditions:

NGFC Equities, Inc. – The Securities Represented by This Certificate Have Not Been Registered Under the Securities Act of 1933, as Amended (The "1933 Act"), or Any State Securities Laws and Neither Such Shares Nor Any Interest Therein May Be Offered, Sold, Pledged, Assigned or Otherwise Transferred Unless (1) a Registration Statement With Respect Thereto Is Effective Under the 1933 Act and Any Applicable State Securities Laws, or (2) Pursuant to an Exemption From Registration Under the 1933 Act. In Addition, a Loan and Security Agreement Dated as of October 4, 2017 (The "Loan Agreement") Contains Certain Additional (October 11th, 2017)

American Resources Corporation, a company organized and existing under the laws of the State of Florida (the "Company"), hereby certifies that, for value received, Golden Properties Ltd., or its registered assigns (the "Warrant Holder"), is entitled, subject to the terms set forth below, to purchase from the Company up to Four Hundred Thousand (400,000) shares (as adjusted from time to time as provided in Section 7, the "Warrant Shares") of common stock, $.001 par value, of the Company (the "Common Stock") at a price of Eight Dollars and Fifty-Eight Cents ($8.58) per Warrant Share (as adjusted from time to time as provided in Section 7, the "Exercise Price"), at any time and from time to time from and after the date thereof and through and including 5:00 p.m. Indianapolis, Indiana time on October 02, 2020 (the "Expiration Date"), and subject to the following terms and conditions:

NGFC Equities, Inc. – The Securities Represented by This Certificate Have Not Been Registered Under the Securities Act of 1933, as Amended (The "1933 Act"), or Any State Securities Laws and Neither Such Shares Nor Any Interest Therein May Be Offered, Sold, Pledged, Assigned or Otherwise Transferred Unless (1) a Registration Statement With Respect Thereto Is Effective Under the 1933 Act and Any Applicable State Securities Laws, or (2) Pursuant to an Exemption From Registration Under the 1933 Act. In Addition, a Loan and Security Agreement Dated as of October 4, 2017 (The "Loan Agreement") Contains Certain Additional (October 11th, 2017)

American Resources Corporation, a company organized and existing under the laws of the State of Florida (the "Company"), hereby certifies that, for value received, Golden Properties Ltd., or its registered assigns (the "Warrant Holder"), is entitled, subject to the terms set forth below, to purchase from the Company up to Four Hundred Thousand (400,000) shares (as adjusted from time to time as provided in Section 7, the "Warrant Shares") of common stock, $.001 par value, of the Company (the "Common Stock") at a price of Seven Dollars and Nine Cents ($7.09) per Warrant Share (as adjusted from time to time as provided in Section 7, the "Exercise Price"), at any time and from time to time from and after the date thereof and through and including 5:00 p.m. Indianapolis, Indiana time on October 02, 2019 (the "Expiration Date"), and subject to the following terms and conditions:

MusclePharm Corp – Loan and Security Agreement (October 10th, 2017)

This LOAN AND SECURITY AGREEMENT is entered into as of October 6, 2017 by and between MusclePharm Corporation, a Nevada Corporation (with Federal Tax Identification # 77-0664193) and Canada MusclePharm Enterprises Corp., a Canada Corporation (with Business #80389 8915 RC0001), (individually or collectively, "Borrower"), and Crossroads Financial Group, LLC, a North Carolina limited liability company ("Lender").