Loan And Security Agreement Sample Contracts

ShockWave Medical, Inc. – Loan and Security Agreement (February 8th, 2019)
Consent Under Loan and Security Agreement (February 6th, 2019)

This CONSENT UNDER LOAN AND SECURITY AGREEMENT (this "Consent") is dated as of February 1, 2019, and is entered into by and among BLONDER TONGUE LABORATORIES, INC., a Delaware corporation ("Parent"), R. L. DRAKE HOLDINGS, LLC, a Delaware limited liability company ("Drake", together with Parent, collectively the "Borrowers"), BLONDER TONGUE FAR EAST, LLC, a Delaware limited liability company ("Far East", together with the Borrowers, collectively the "Credit Parties" and each a "Credit Party"), the Lenders party hereto, and STERLING NATIONAL BANK, a national banking association, as administrative and collateral agent (in such capacity, and including its successors and permitted assigns, the "Administrative Agent") for the Lender Parties.

Adherex Technologies – FENNEC PHARMACEUTICALS, INC., a DELAWARE CORPORATION WESTERN ALLIANCE BANK, an Arizona Corporation LOAN AND SECURITY AGREEMENT (February 4th, 2019)

This Loan And Security Agreement is entered into as of February 1, 2019 (the "Effective Date"), by and between Western Alliance Bank, an Arizona corporation ("Bank") and Fennec Pharmaceuticals, INC., a Delaware corporation ("Borrower").

Fifth Amendment to the Loan and Security Agreement (February 1st, 2019)
Neurometrix – Tenth Modification to Loan and Security Agreement (January 24th, 2019)

This Tenth Modification to Loan and Security Agreement (this "Modification") dated January 14, 2019, is entered into by and between Neurometrix, Inc., a Delaware corporation ("Borrower"), and Comerica Bank ("Bank").

Cirius Therapeutics, Inc. – Cirius Therapeutics, Inc. Loan and Security Agreement (January 11th, 2019)
Kaleido Biosciences, Inc. – Kaleido Biosciences, Inc. Loan and Security Agreement (January 11th, 2019)
Nuvectra Corp – Consent and Third Amendment to Loan and Security Agreement (January 7th, 2019)

THIS CONSENT AND THIRD AMENDMENT to Loan and Security Agreement (this "Amendment") is entered into as of December 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 SILICON VALLEY BANK, a California corporation with an office located at 3003 Tasman Drive, Santa Clara, CA 95054 ("Bank" or "SVB") and NUVECTRA CORPORATION, a Delaware corporation ("Nuvectra"), ALGOSTIM, LLC, a Delaware limited liability company ("Algostim"), and PELVISTIM LLC, a Delaware limited liability company ("PelviStim"), each with offices located at 5830 Granite Parkway, Suite 1100, Plano, TX 75024 (Nuvectra, Algostim, an

Poseida Therapeutics, Inc. – Loan and Security Agreement (January 4th, 2019)
Taiwan Liposome Company, Ltd. – Loan and Security Agreement (January 3rd, 2019)
Otonomy, Inc. – Loan and Security Agreement (January 3rd, 2019)

THIS LOAN AND SECURITY AGREEMENT (as the same may from time to time be amended, modified, supplemented or restated, this Agreement) dated as of December 31, 2018 (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 (each a Lender and collectively, the Lenders), and OTONOMY, INC., a Delaware corporation with offices located at 4796 Executive Drive, San Diego, CA 92121 (Borrower), provides the terms on which the Lenders shall lend to Borrower and Borrower shall repay the Lenders. The parties agree as follows:

ViewRay, Inc. – Loan and Security Agreement (December 31st, 2018)

THIS LOAN AND SECURITY AGREEMENT (this "Agreement") dated as of December 28, 2018 (the "Effective Date") by and among SILICON VALLEY BANK, a California corporation with a loan production office located at 380 Interlocken Crescent, Suite 600, Broomfield, Colorado 80021 ("Bank"), VIEWRAY, INC., a Delaware corporation ("Viewray") and VIEWRAY TECHNOLOGIES, INC., a Delaware corporation ("Technologies", and together with Viewray, individually and collectively, jointly and severally, the "Borrower") each with offices located at 2 Thermo Fisher Way, Oakwood Village, Ohio 44146, provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:

Tenth Amendment to Loan and Security Agreement (December 28th, 2018)

This Tenth Amendment to Loan and Security Agreement is entered into as of December 27, 2018 (the "Amendment"), by and between HERITAGE BANK OF COMMERCE ("Bank") and BRIDGELINE DIGITAL, INC. ("Borrower").

Third Amendment to Loan and Security Agreement (December 28th, 2018)

This Third Amendment to Loan and Security Agreement is entered into as of December 27, 2018 (the "Amendment"), by and between MONTAGE CAPITAL II, L.P. ("Lender") and BRIDGELINE DIGITAL, INC. ("Borrower").

Loan and Security Agreement (December 28th, 2018)

This LOAN AND SECURITY AGREEMENT dated as of June 4, 2018 (the "Agreement"), is executed by and among Gadsden Growth Properties, L.P., a Delaware limited partnership (the "Borrower"), Gadsden Growth Properties, Inc., a Maryland corporation (the "Guarantor"), which have their chief executive office located at 15150 N. Hayden Road, Suite 220, Scottsdale, AZ 85260, lenders that are from time to time party to this Agreement (the "Lenders" and, each, a "Lender") and The Pigman Companies, LLC, a California limited liability company ("TPC"), as administrative agent for the Lenders (in such capacity and together with any successor administrative agent appointed pursuant to Section 12.6, the "Administrative Agent").

Techtarget, Inc. Western Alliance Bank, an Arizona Corporation Loan and Security Agreement (December 28th, 2018)
Sixth Modification to Loan and Security Agreement (December 21st, 2018)

This Sixth Modification to Loan and Security Agreemnt (this "Modification") is entered into by and between TransTech Systems, Inc., a(n) Oregon corporation ("Borrower") and Capital Source Business Finance Group, a dba of BFI Business Finance, a California corporation ("Lender") as of this 6th day of December, 2018, at Campbell, California.

ConversionPoint Holdings, Inc. – Third Amendment to Loan and Security Agreement (December 17th, 2018)

This Third Amendment to Loan and Security Agreement is entered into as of June 30, 2018 (the "Amendment"), by and between ConversionPoint Technologies, Inc. ("Parent"), Push Holdings, Inc. ("Push Holdings"), Branded Response, Inc. ("Branded"), Tamble Inc. ("Tamble"), Comiseo, LLC ("Comiseo"), Push Interactive, LLC ("Push Interactive"), Push Properties LLC ("Push Properties"), Tremeta, LLC ("Tremeta"), Base Camp Technologies, LLC ("Base Camp"), Alpine Computing Systems, LLC ("Alpine"), SellPoints, Inc. ("SellPoints"), Montage Capital II, L.P. ("Montage") and Partners for Growth IV, L.P. ("PFG"). Each of Montage and PFG are also referred to as a "Lender" and collectively referred to as the "Lenders".

ConversionPoint Holdings, Inc. – Loan and Security Agreement (December 17th, 2018)

This Loan and Security Agreement, dated as of September 29, 2016 (this "Agreement"), is entered by and between SellPoints Inc. ("Borrower"), and Montage Capital II, L.P., a Delaware limited partnership ("Montage") and Partners for Growth IV, L.P. ("PFG"). Each of Montage and PFG are also referred to as a "Lender" and collectively referred to as the "Lenders". All capitalized terms used herein and not otherwise defined shall have the meanings provided in Section 13 hereof.

ConversionPoint Holdings, Inc. – First Amendment to Loan and Security Agreement (December 17th, 2018)

This First Amendment to Loan and Security Agreement is entered into as of February 17, 2017 (the "Amendment"), by and between SellPoints, Inc. ("Borrower"), Montage Capital II, L.P. ("Montage") and Partners for Growth IV, L.P. ("PFG"). Each of Montage and PFG are also referred to as a "Lender" and collectively referred to as the "Lenders".

ConversionPoint Holdings, Inc. – Second Amendment to Loan and Security Agreement (December 17th, 2018)

This Second Amendment to Loan and Security Agreement is entered into as of December 1, 2017 (the "Amendment"), by and between SellPoints, Inc. ("Borrower"), Montage Capital II, L.P. ("Montage") and Partners for Growth IV, L.P. ("PFG"). Each of Montage and PFG are also referred to as a "Lender" and collectively referred to as the "Lenders".

ConforMIS Inc – Fifth Amendment to Loan and Security Agreement (December 14th, 2018)

THIS FIFTH AMENDMENT to Loan and Security Agreement (this "Amendment") is entered into as of December 13, 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 CONFORMIS CARES LLC, a Delaware limited liability company ("Conformis Cares" and together with Conformis and ImaTX, individually, collectively, jointly and severally, "Borrower"), each with offices located at 600 Technology Park Drive, Billerica, Massachusetts 01821.

Energy Focus, Inc. – Loan and Security Agreement (December 14th, 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").

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)