Loan And Security Agreement Sample Contracts

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).

Loan and Security Agreement (August 7th, 2018)

THIS LOAN AND SECURITY AGREEMENT (this "Agreement") dated as of May 7, 2018 (the "Effective Date") among (a) SILICON VALLEY BANK, a California corporation with a loan production office located at 505 Howard Street, 3rd Floor, San Francisco, California 94105 ("Bank"), and (b) (i) XOMA CORPORATION, a Delaware corporation ("XOMA"), (ii) XOMA (US) LLC, a Delaware limited liability company ("XOMA US"), and (iii) XOMA TECHNOLOGY LTD., a Bermuda exempted company ("Bermuda Borrower"; together with XOMA and XOMA US, individually and collectively, jointly and severally, the "Borrower"), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:

Financial Outlook Merrimack Believes That Its Cash, Cash Equivalents and Marketable Securities of $60.0 Million as of June 30, 2018, in Addition to $14.7 Million in Net Borrowings From Its July 2, 2018 Loan and Security Agreement With Hercules Capital and the $18 Million ONIVYDE Milestone Received From Shire, Will Be Sufficient to Fund Its Planned Operations Into at Least the First Quarter of 2020. Merrimack Remains Eligible to Receive Additional Milestone Payments From Shire and Ipsen, Resulting From the Companys Asset Sale to Ipsen in 2017: (August 7th, 2018)
Ardelyx, Inc. – Loan and Security Agreement (August 7th, 2018)

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 16, 2018 (the "Effective Date") among Solar Capital Ltd., a Maryland corporation with an office located at 500 Park Avenue, 3rd Floor, New York, NY 10022 ("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 and Western Alliance Bank, an Arizona corporation ("Western Alliance Bank"), each in its capacity as a lender (together with any other lenders party hereto, the "Lenders" and each, a "Lender"), and Ardelyx, Inc., a Delaware corporation with offices located at 34175 Ardenwood Blvd., Suite 200, Fremont, California 94555 ("Borrower"), provides the terms on which the Lenders shall lend to Borrower and Borrower shall repay the Lenders. The parties agree as

Loan and Security Agreement (August 7th, 2018)

THIS LOAN AND SECURITY AGREEMENT is made and dated as of May 23, 2018 and is entered into by and among TRANSENTERIX, Inc., a Delaware corporation ("Parent"), TRANSENTERIX SURGICAL, INC., a Delaware corporation ("TSI"), TRANSENTERIX INTERNATIONAL, INC., a Delaware corporation ("TII"), SAFESTITCH LLC, a Virginia limited liability company ("SafeStitch"), and each Domestic Subsidiary of the foregoing from time to time party hereto (Parent, TSI, TII, SafeStitch and such Domestic Subsidiaries individually and collectively, jointly and severally, "Borrower" or "Borrowers"), the several banks and other financial institutions or entities from time to time parties to this Agreement (collectively, referred to as "Lender") and HERCULES CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent and collateral agent for itself and Lender (in such capacity, "Agent").

MR2 Group, Inc. – Second Amendment to Loan and Security Agreement (August 6th, 2018)

This Second Amendment to Loan and Security Agreement is entered into as of June 29, 2018 (the "Amendment"), by and between HERITAGE BANK OF COMMERCE ("Bank"), and PRECISION OPINION, INC. ("Borrower").

Ramaco Resources, Inc. – Loan and Security Agreement No. 1438-002 (August 6th, 2018)

THIS LOAN AND SECURITY AGREEMENT (this "Agreement") is made effective as of June 11, 2018 (the "Effective Date"), by and between RAMACO RESOURCES, LLC, a Delaware limited liability company with its principal place of business at 250 West Main Street, Suite 1800, Lexington, KY 40507 ("Debtor"), and MAXUS CAPITAL GROUP, LLC, a Delaware limited liability company with its principal place of business at 959 W. St. Clair Ave., Suite 200, Cleveland, Ohio 44113-1298 (together with its successors and permitted assigns, "Secured Party").

MR2 Group, Inc. – Third Amendment to Loan and Security Agreement (August 6th, 2018)

This Third Amendment to Loan and Security Agreement is entered into as of July 31, 2018 (the "Amendment"), by and between HERITAGE BANK OF COMMERCE ("Bank"), and PRECISION OPINION, INC. ("Borrower").

Trupanion Inc. – Loan and Security Agreement (August 3rd, 2018)

THIS THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment"), is entered into as of June 28, 2018, by and among TRUPANION, INC., a Delaware corporation ("Trupanion"), TRUPANION MANAGERS USA, INC., an Arizona corporation ("Trupanion Managers"; together with Trupanion, individually and collectively, "Borrower"), the several banks and other financial institutions or entities from time to time party to the Agreement (as hereinafter defined) (each a "Lender" and, collectively, the "Lenders"), and PACIFIC WESTERN BANK, a California state chartered bank ("PWB"), as a Lender and as administrative agent and collateral agent for the Lenders (in such capacities, the "Administrative Agent").

Olb Group, Inc. – Amendment No. 1 to Loan and Security Agreement (August 3rd, 2018)

AMENDMENT NO. 1 TO LOAN AND SECURITY AGREEMENT, dated as of July 30, 2018 (this "Amendment No. 1"), is by and among SECURUS 365, INC., a Delaware corporation, EVANCE, INC., a Delaware corporation, EVANCE CAPITAL, INC., a Delaware corporation, OMNISOFT, INC., a Delaware corporation and CROWDPAY.US, INC., a New York corporation, as borrowers (each a "Borrower" and collectively, "Borrowers"), THE OLB GROUP, INC., a Delaware corporation, as parent guarantor ("Parent Guarantor"), the financial institutions or other entities from time to time party hereto, each as a Lender and GACP FINANCE CO., LLC as agent for the Lenders (in such capacity, the "Agent").

Novacea – Amendment No. 5 to Loan and Security Agreement (August 2nd, 2018)

This Amendment No. 5 to Loan and Security Agreement (this "Amendment") is dated as of August 1, 2018 and is entered into by and among (a) (i) PARATEK PHARMACEUTICALS, INC. ("Inc."), a Delaware corporation, and (ii) PARATEK PHARMA, LLC, a Delaware limited liability company ("LLC"; and, together with Inc. and any of their respective subsidiaries, hereinafter collectively referred to as the "Borrower"), (b) (i) HERCULES TECHNOLOGY II, L.P., a Delaware limited partnership, (ii) HERCULES TECHNOLOGY III, L.P., a Delaware limited partnership, (iii) HERCULES CAPITAL, INC., a Maryland corporation, and (iv) the several banks and other financial institutions or entities from time to time parties to the Loan Agreement (collectively, referred to as "Lender") and (c) HERCULES 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

Fluidigm Corp. – Loan and Security Agreement (August 2nd, 2018)

THIS LOAN AND SECURITY AGREEMENT (this "Agreement") dated and effective as of August 2, 2018 (the "Effective Date") between SILICON VALLEY BANK, a California corporation ("Bank"), and FLUIDIGM CORPORATION, a Delaware corporation ("Borrower"), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:

Obalon Therapeutics Inc – Fifth Amendment to Loan and Security Agreement (August 2nd, 2018)

This Fifth Amendment to Loan and Security Agreement (the "Amendment"), is entered into as of July 9, 2018, by and among PACIFIC WESTERN BANK, a California state chartered bank (the "Bank") and OBALON THERAPEUTICS, INC. ("Borrower").

ConforMIS Inc – Fourth Amendment to Loan and Security Agreement (August 2nd, 2018)

THIS FOURTH AMENDMENT to Loan and Security Agreement (this "Amendment") is entered into as of July 31, 2018, by and between 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 of the Loan Agreement (as defined below) or otherwise party thereto from time to time (each a "Lender" and collectively, the "Lenders") including Oxford in its capacity as a Lender and CONFORMIS, INC., a Delaware corporation ("Conformis") and IMATX, INC., a California corporation ("ImaTx" and individually, collectively, jointly and severally with Conformis, "Existing Borrower") and CONFORMIS CARES LLC, a Delaware limited liability company ("New Borrower" and together with Existing Borrower, individually, collectively, jointly and severally, "Borrower"), each with offices located at 600 Technology Park Drive, Billerica, Massac

SendGrid, Inc. – To Loan and Security Agreement (July 31st, 2018)

This Ninth Amendment to Loan and Security Agreement (the "Amendment"), is entered into as of April 30, 2018, by and between PACIFIC WESTERN BANK, a California state chartered bank ("Bank") and SENDGRID, INC. ("Borrower"),

Second Amendment to Loan and Security Agreement (July 31st, 2018)

This Second Amendment to Loan and Security Agreement (this "Amendment") is made and entered into as of July 27, 2018 by and between PACIFIC WESTERN BANK, a California state chartered bank ("Bank"), and CIDARA THERAPEUTICS, INC. ("Borrower").

Keryx Biopharmaceuticals, Inc. – Loan and Security Agreement (July 20th, 2018)

THIS LOAN AND SECURITY AGREEMENT (this Agreement) dated as of July 18, 2018 (the Effective Date) between SILICON VALLEY BANK, a California corporation (Bank), and KERYX BIOPHARMACEUTICALS, 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:

LOAN AND SECURITY AGREEMENT Dated as of July 13, 2018 AMKOR TECHNOLOGY SINGAPORE HOLDING PTE. LTD., and CERTAIN OF ITS SUBSIDIARIES OR AFFILIATES PARTY HERETO as Borrowers BANK OF AMERICA, N.A., as Agent DBS BANK LTD., as Documentation Agent and BANK OF AMERICA, N.A., as Sole Lead Arranger and Sole Bookrunner (July 19th, 2018)

THIS LOAN AND SECURITY AGREEMENT is dated as of July 13, 2018, among AMKOR TECHNOLOGY SINGAPORE HOLDING PTE. LTD., a company incorporated under the laws of Singapore (Amkor Singapore) and other entities now or hereafter joined hereto as borrowers (together with Amkor Singapore, each a Borrower and collectively, the Borrowers), the financial institutions (which are qualified licensed money lenders under the laws of Singapore) party to this Agreement from time to time as Lenders, and BANK OF AMERICA, N.A., a national banking association (Bank of America), as agent for the Lenders (in such capacity, Agent).

Bridge Loan and Security Agreement (July 19th, 2018)

THIS BRIDGE LOAN AND SECURITY AGREEMENT (this Agreement) dated as of July 19, 2018 (the Effective Date) by and among PTC THERAPEUTICS, INC., a Delaware corporation (Lender), and AGILIS BIOTHERAPEUTICS, INC., a Delaware corporation (Borrower), and the Guarantors (as defined below) party hereto, provides the terms and conditions on which Lender shall lend to Borrower and Borrower shall repay Lender. The parties are entering into this Agreement simultaneously and in connection with the Merger Agreement (as defined below). The parties hereto hereby agree as follows:

MR2 Group, Inc. – First Amendment to Loan and Security Agreement (July 17th, 2018)

This FIRST Amendment to Loan and Security Agreement is entered into as of March 22, 2018 (the "Amendment"), by and between HERITAGE BANK OF COMMERCE ("Bank"), and PRECISION OPINION, INC. ("Borrower").

Amendment No. 2 to Loan and Security Agreement (July 16th, 2018)

This AMENDMENT NO. 2 TO LOAN AND SECURITY AGREEMENT (this "Amendment") is made as of June 29, 2018, by and among XPLORE TECHNOLOGIES CORP. ("Technologies"), XPLORE TECHNOLOGIES CORPORATION OF AMERICA ("XTCA" and together with Technologies, each a "Borrower" and collectively, the "Borrowers"), XPLORE TECHNOLOGIES INTERNATIONAL CORP. ("Guarantor"), and BANK OF AMERICA, N.A. ("Lender").

Fat Brands, Inc – LOAN AND SECURITY AGREEMENT Among FAT Brands Inc., as the Borrower; The Subsidiaries and Affiliates of the Borrower Listed on the Signature Pages Hereto , as Guarantors; And FB Lending, LLC, as Lender Dated as of July 3, 2018 LOAN AND SECURITY AGREEMENT (July 10th, 2018)

This Loan and Security Agreement, dated as of July 3, 2018 (the "Closing Date") is made by and among FAT Brands Inc., a Delaware corporation ("Borrower"), the subsidiaries and affiliates of the Borrower listed on the signature pages hereto (the "Guarantors") and FB Lending, LLC, a California limited liability company ("Lender").

Select Interior Concepts, Inc. – LOAN AND SECURITY AGREEMENT Dated as of September 3, 2014 as Borrower BANK OF AMERICA, N.A., as Lender (July 9th, 2018)

THIS AGREEMENT AND ANY LIEN CREATED HEREIN IS SUBJECT TO THE LIEN PRIORITY AND OTHER PROVISIONS SET FORTH IN THAT CERTAIN INTERCREDITOR AGREEMENT DATED AS OF SEPTEMBER 3, 2014 BY AND BETWEEN BANK OF AMERICA, N.A. AS ABL AGENT (AS DEFINED THEREIN) FOR THE ABL CREDITORS (AS DEFINED THEREIN) AND MONROE CAPITAL MANAGEMENT ADVISORS, LLC, AS TERM AGENT (AS DEFINED THEREIN) FOR THE TERM CREDITORS (AS DEFINED THEREIN) AND ACKNOWLEDGED BY THE BORROWER AND PARENT, AS AMENDED, RESTATED, SUPPLEMENTED OR OTHERWISE MODIFIED FROM TIME TO TIME.

Select Interior Concepts, Inc. – LOAN AND SECURITY AGREEMENT Dated as of June 23, 2015 G&M OPCO LLC, as Borrower, BANK OF AMERICA, N.A., as Lender (July 9th, 2018)

THIS AGREEMENT AND ANY LIEN CREATED HEREIN IS SUBJECT TO THE LIEN PRIORITY AND OTHER PROVISIONS SET FORTH IN THAT CERTAIN INTERCREDITOR AGREEMENT DATED AS OF JUNE 23, 2015 BY AND BETWEEN BANK OF AMERICA, N.A. AS ABL AGENT (AS DEFINED THEREIN) FOR THE ABL CREDITORS (AS DEFINED THEREIN) AND MONROE CAPITAL MANAGEMENT ADVISORS, LLC, AS TERM AGENT (AS DEFINED THEREIN) FOR THE TERM CREDITORS (AS DEFINED THEREIN) AND ACKNOWLEDGED BY THE BORROWER AND THE OBLIGORS NAMED THEREIN, AS AMENDED, RESTATED, SUPPLEMENTED OR OTHERWISE MODIFIED FROM TIME TO TIME.

Select Interior Concepts, Inc. – First Amendment and Consent to Loan and Security Agreement (July 9th, 2018)

This FIRST AMENDMENT AND CONSENT TO LOAN AND SECURITY AGREEMENT (this Amendment), dated as of January 4, 2016, is by and among ARCHITECTURAL GRANITE & MARBLE, LLC, a Delaware limited liability company (formerly known as G&M OpCo LLC) (Borrower) and AG HOLDCO (SPV) LLC, a Delaware limited liability company (SPV and, together with Borrower, each individually, a Loan Party and collectively the Loan Parties), and BANK OF AMERICA, N.A., a national banking association (together with its successors and assigns, Lender). Unless otherwise specified herein, capitalized terms used in this Amendment shall have the meanings ascribed to them in the Loan Agreement (as hereinafter defined).

Allena Pharmaceuticals, Inc. – Allena Pharmaceuticals, Inc. Pacific Western Bank Loan and Security Agreement (July 6th, 2018)

This LOAN AND SECURITY AGREEMENT (the Agreement) is entered into as of June 29, 2018, by and between PACIFIC WESTERN BANK, a California state chartered bank (Bank) and ALLENA PHARMACEUTICALS, INC., a Delaware corporation (Borrower).

Cancer Genetics, Inc – JOINDER AND MODIFICATION NO. 2 TO LOAN AND SECURITY Agreement (July 5th, 2018)

This Joinder and Modification No. 2 to Loan and Security Agreement (this "Second Modification") is entered into as of June 30, 2018 (the "Second Modification Effective Date") by and among (a) Partners for Growth IV, L.P., a Delaware limited partnership ("PFG"), and (b) each of (i) CANCER GENETICS, INC., a Delaware corporation ("Parent"), (ii) GENTRIS, LLC, a Delaware limited liability company ("Delaware Subsidiary" and together with Parent, individually and collectively, jointly and severally, the "Existing Borrower"), (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 Vivo, jointly and severally, individually and collectively, "New Borrower") (Australian Borrower, together with Vivo and Existing Borrower, jointly and severally, individually and collectively, "Borrower").

Loan and Security Agreement (July 3rd, 2018)

THIS LOAN AND SECURITY AGREEMENT is made and dated as of July 2, 2018 and is entered into by and between MERRIMACK PHARMACEUTICALS, INC., a Delaware corporation, and each of its Qualified Subsidiaries (collectively referred to as 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 CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent and collateral agent for itself and Lender (in such capacity, Agent).