Loan And Security Agreement Sample Contracts

Advanced Emissions Solutions, Inc. – Thirteenth Amendment of 2013 Loan and Security Agreement (December 13th, 2018)

THIS THIRTEENTH AMENDMENT OF 2013 LOAN AND SECURITY AGREEMENT ("Thirteenth Amendment") is made as of the 7th day of December, 2018 (the "Effective Date") by and among ADA-ES, INC., a Colorado corporation ("Borrower"), ADVANCED EMISSIONS SOLUTIONS, INC., a Delaware corporation, as Guarantor ("ADES"), and COBIZ BANK, a Colorado corporation, d/b/a COLORADO BUSINESS BANK ("Lender").

Energy Focus, Inc. – Loan and Security Agreement (December 12th, 2018)

This LOAN AND SECURITY AGREEMENT (this "Agreement"), dated as of December 11, 2018, is entered into between AUSTIN FINANCIAL SERVICES, INC., a Delaware corporation ("Lender"), and ENERGY FOCUS, INC., a Delaware corporation ("Borrower").

Legacy Housing, LTD. – Loan and Security Agreement (December 12th, 2018)

THIS LOAN AND SECURITY AGREEMENT (as amended, modified or restated from time to time, this Agreement) dated as of DECEMBER 14, 2011 (the Effective Date), will serve to set forth the terms of the Credit Facility (as defined below) by and between CAPITAL ONE, N.A., a national association (together with its successors and assigns, Lender), and LEGACY HOUSING, LTD, a Texas limited partnership (Debtor).

Legacy Housing, LTD. – Loan and Security Agreement (December 11th, 2018)

THIS LOAN AND SECURITY AGREEMENT (as amended, modified or restated from time to time, this Agreement) dated as of DECEMBER 14, 2011 (the Effective Date), will serve to set forth the terms of the Credit Facility (as defined below) by and between CAPITAL ONE, N.A., a national association (together with its successors and assigns, Lender), and LEGACY HOUSING, LTD, a Texas limited partnership (Debtor).

usell.com, Inc. – Loan and Security Agreement (November 27th, 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 November 20, 2018 among (1) Siena Lending Group LLC, together with its successors and assigns ("Lender"), (2) WE SELL CELLULAR LLC, a Delaware limited liability company ("WeSell"), UPSTREAM PHONE COMPANY USA, INC., a Delaware corporation ("Upstream") and PHONEX, INC., a Delaware corporation ("PhoneX" and together with WeSell and Upstream and any other Person who from time to time becomes a Borrower hereunder, collectively, the "Borrowers" and each individually, a "Borrower"), and (3) the Loan Parties (as defined herein) set forth on the signature pages to this Agreement. 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.

Blackstone / GSO Secured Lending Fund – LOAN AND SECURITY AGREEMENT Dated as of November 16, 2018 Among BGSL JACKSON HOLE FUNDING LLC the Lenders Party Hereto the Collateral Administrator, Collateral Agent and Securities Intermediary Party Hereto JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as Administrative Agent and BLACKSTONE/GSO SECURED LENDING FUND, as Portfolio Manager (November 21st, 2018)
WestMountain Alternative Energy Inc – Revolving Credit Facility Loan and Security Agreement (November 20th, 2018)

This REVOLVING CREDIT FACILITY LOAN And SECURITY AGREEMENT ("Agreement") is made as of November 14, 2018 (the "Effective Date") by and between C-Bond Systems, Inc. (fka WestMountain Alternative Energy, Inc.), a Colorado corporation having its principal place of business, as of the Effective Date, at 6035 South Loop East, Houston, Texas 77033 (the "Company"), and BOCO Investments, LLC, a Colorado limited liability company ("Lender").

Blue Star Foods Corp. – LOAN AND SECURITY AGREEMENT BETWEEN ACF FINCO I LP AND JOHN KEELER & CO. INC. (D/B/a Blue Star Foods) Effective Date: August 31, 2016 (November 14th, 2018)

This LOAN AND SECURITY AGREEMENT (together with all Schedules and Exhibits hereto, and all amendments, modifications and supplements hereto, and all restatements hereof, from time to time, pursuant to the terms hereof, collectively, this "Agreement") between ACF FINCO I LP, a Delaware limited partnership ("Lender"), and JOHN KEELER & CO. INC., a Florida corporation doing business as Blue Star Foods ("Borrower"), is dated the date of execution by Lender on the signature page of this Agreement (the "Effective Date").

Industrial Services of America, Inc. – Loan and Security Agreement (November 13th, 2018)

THIS LOAN AND SECURITY AGREEMENT (this "Agreement") is dated as of November 9, 2018, among INDUSTRIAL SERVICES OF AMERICA, INC., a Florida corporation ("ISA"), 7124 GRADE LANE LLC, a Kentucky limited liability company ("7124 Grade Lane"), and 7200 GRADE LANE LLC, a Kentucky limited liability company ("7200 Grade Lane"; and together with ISA, and 7124 Grade Lane, each individually a "Borrower" and collectively, the "Borrowers") and BANK OF AMERICA, N.A., a national banking association ("Lender").

Identive Group – Seventh Amendment to Loan and Security Agreement (November 13th, 2018)

This Seventh Amendment to Loan and Security Agreement is entered into as of July 17, 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".

Identive Group – Eighth Amendment to Loan and Security Agreement and Joinder (November 13th, 2018)

This Eighth Amendment to Loan and Security Agreement and Joinder is entered into as of November 1, 2018 (the "Amendment"), by and between EAST WEST BANK ("Bank"), IDENTIV, INC. ("Parent"), 3VR SECURITY, INC. ("3VR") and Thursby Software Systems, LLC ("TSS").

ProNAi Therapeutics Inc – Loan and Security Agreement (November 8th, 2018)
Quanterix Corp – Amendment No. 5 to Loan and Security Agreement (November 7th, 2018)

This AMENDMENT NO. 5 TO LOAN AND SECURITY AGREEMENT (this Amendment), is entered into as of August 29, 2018, 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).

Camping World Holdings, Inc. – LOAN AND SECURITY AGREEMENT Dated as of November 2, 2018 Between CAMPING WORLD PROPERTY, INC., a Delaware Corporation, as Borrower, THE OTHER LOAN PARTIES PARTY HERETO and CIBC BANK USA, as Lender (November 7th, 2018)

THIS LOAN AND SECURITY AGREEMENT dated as of November 2, 2018 (this "Agreement") is entered into among Camping World Property, Inc., a Delaware corporation ("Borrower"), the other Loan Parties hereto and CIBC BANK USA ("CIBC US"), as Lender.

Quanterix Corp – Amendment No. 4 to Loan and Security Agreement (November 7th, 2018)

This AMENDMENT NO. 4 TO LOAN AND SECURITY AGREEMENT (this Amendment), is entered into as of July 24, 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).

Delta Petroleum Corporation – SECOND AMENDMENT AND LIMITED WAIVER TO LOAN AND SECURITY AGREEMENT Among (November 7th, 2018)

THIS SECOND AMENDMENT AND LIMITED WAIVER TO LOAN AND SECURITY AGREEMENT (this "Second Amendment"), dated as of October 16, 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").

Quanterix Corp – Amendment No. 6 to Loan and Security Agreement (November 7th, 2018)

This AMENDMENT NO. 6 TO LOAN AND SECURITY AGREEMENT (this Amendment), is entered into as of October 1, 2018, 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).

Advanced Emissions Solutions, Inc. – Twelfth Amendment of 2013 Loan and Security Agreement (November 6th, 2018)

THIS TWELFTH AMENDMENT OF 2013 LOAN AND SECURITY AGREEMENT ("Twelfth Amendment") is made as of the 30th day of September, 2018 (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").

Amendment No. 3 to Loan and Security Agreement (November 2nd, 2018)

THIS AMENDMENT NO. 3 TO LOAN AND SECURITY AGREEMENT (this "Amendment"), dated as of May 4, 2018, is entered into by and among LML WAREHOUSE SPV, LLC, a Delaware limited liability company (the "Borrower"), the Lenders party hereto, the Group Agents party hereto, and DEUTSCHE BANK AG, NEW YORK BRANCH, as administrative agent (in such capacity, the "Administrative Agent") and is made in respect of the Loan and Security Agreement, dated as of August 17, 2017, as amended on October 18, 2017, as further amended on March 23, 2018 (the "Loan Agreement") among the Borrower, Tesla Finance LLC, a Delaware limited liability company ("TFL"), the Lenders party thereto, the Group Agents party thereto and the Administrative Agent. Defined terms used herein and not otherwise defined herein shall have the respective meanings given to them in the Loan Agreement as amended hereby.

River Financial Corp – Loan and Security Agreement (November 2nd, 2018)

THIS LOAN AND SECURITY AGREEMENT made as of this 31st day of October, 2018, by and between RIVER FINANCIAL CORPORATION, an Alabama corporation, having its principal place of business in 2611 Legends Dr., Prattville, AL 36066 (hereinafter referred to as the "Borrower"), and CENTERSTATE BANK, N.A., a national banking association, having its principal place of business in 1101 1st Street South, Winter Haven, Florida 33880 (hereinafter referred to as the "Lender").

Secured Revolving Loan Facility LOAN AND SECURITY AGREEMENT Among EFR 2018-1, LLC, a Delaware Limited Liability Company, as Borrower, and PACIFIC WESTERN BANK, as Administrative Agent, Payment Agent, Collateral Agent and a Lender Dated as of July 23, 2018 (October 31st, 2018)

THIS LOAN AND SECURITY AGREEMENT (the "Agreement") dated as of July 23, 2018, is entered into by and between EFR 2018-1, LLC, a Delaware limited liability company ("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 ("PacWest"), as administrative, payment and collateral agent for itself, as a Lender and for the other Lenders (in such capacities, "Agent").

Smart Server, Inc – First Amendment and Waiver to Loan and Security Agreement (October 31st, 2018)

THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment"), dated as of October 30, 2018 (the "First Amendment Effective Date"), is entered into by and among RUMBLEON, INC., a Nevada corporation ("Parent"), RMBL MISSOURI, LLC, a Delaware limited liability company ("RMBL Missouri"), RMBL TEXAS, LLC, a Delaware limited liability company ("RMBL Texas"), NEXTGENPRO, LLC, a Delaware limited liability company ("NextGen Pro", and together with Parent, RMBL Missouri and RMBL Texas, the "Existing Borrowers"), RMBL TENNESSEE, LLC, a Delaware limited liability company ("RMBL Tennessee"), RMBL EXPRESS, LLC, a Delaware limited liability company ("RMBL Express"), WHOLESALE, LLC, a Tennessee limited liability company ("Wholesale"), and WHOLESALE EXPRESS, LLC, a Tennessee limited liability company ("Wholesale Express", and together with RMBL Tennessee, RMBL Express and Wholesale, collectively, "New Borrowers", and Existing Borrowers and New Borrowers, together with any Qualified Subsidiari

Kemet Corp. – Amendment No. 10 to Loan and Security Agreement, Waiver and Consent (October 29th, 2018)

THIS AMENDMENT NO. 10 TO LOAN AND SECURITY AGREEMENT, WAIVER AND CONSENT (this "Agreement") is made as of October 29, 2018 by and among KEMET ELECTRONICS CORPORATION, a Delaware corporation ("KEC"), KEMET FOIL MANUFACTURING, LLC, a Delaware limited liability company ("KEMET Foil"), KEMET BLUE POWDER CORPORATION, a Nevada corporation ("KEMET Blue"), THE FOREST ELECTRIC COMPANY, an Illinois corporation ("FELCO" and, together with KEC, KEMET Foil and KEMET Blue, each individually, a "U.S. Borrower" and, collectively, "U.S. Borrowers"), KEMET ELECTRONICS MARKETING (S) PTE LTD., a Singapore corporation ("Singapore Borrower" and, together with U.S. Borrowers, each individually, a "Borrower" and, collectively, "Borrowers"), the financial institutions party hereto as lenders (collectively, "Lenders") and BANK OF AMERICA, N.A., a national banking association, as agent for the Lenders ("Agent").

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").

Beyond Meat, Inc. – Loan and Security Agreement (October 16th, 2018)

THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment") is entered into this 27th day of September, 2018, by and between SILICON VALLEY BANK, a California corporation ("Bank"), and BEYOND MEAT, INC. (formerly known as Savage River, Inc.), a Delaware corporation ("Borrower").

Beyond Meat, Inc. – Loan and Security Agreement (October 16th, 2018)

THIS LOAN AND SECURITY AGREEMENT (TERM LOAN) (this "Agreement") dated as of June 27, 2018 (the "Effective Date") between SILICON VALLEY BANK, a California corporation ("Bank"), and SAVAGE RIVER, 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:

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