Loan And Security Agreement Sample Contracts

Tintri, Inc. – Loan and Security Agreement (May 18th, 2018)

THIS WAIVER AND TENTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Agreement") is entered into this 5 day of March, 2018 by and between SILICON VALLEY BANK, a California corporation ("Bank"), and TINTRI, INC., a Delaware corporation ("Borrower").

Adaptive Insights Inc – Loan and Security Agreement (May 17th, 2018)

THIS LOAN AND SECURITY AGREEMENT (this Agreement) dated as of December 29, 2014 (the Effective Date) between SILICON VALLEY BANK, a California corporation with a loan production office located at 2400 Hanover Street, Palo Alto, CA 94304 (Bank), and Adaptive Insights, Inc., a Delaware corporation with offices located at 3350 West Bayshore Road, #200, Palo Alto, CA 94303 (Borrower), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:

Adaptive Insights Inc – Loan and Security Agreement (May 17th, 2018)

THIS LOAN AND SECURITY AGREEMENT, dated as of June 2, 2017 (this Agreement), is entered into by and between ADAPTIVE INSIGHTS, INC., a Delaware corporation (Borrower), SILVER LAKE WATERMAN FUND, L.P., a Delaware limited partnership, as agent (Agent) for the lenders identified on Schedule 1 hereto (such lenders, together with their respective successors and assigns are referred to hereinafter each individually as a Lender and collectively as the Lenders), and the Lenders.

CENTURY ALUMINUM COMPANY CENTURY ALUMINUM OF SOUTH CAROLINA, INC. CENTURY ALUMINUM OF KENTUCKY GENERAL PARTNERSHIP NSA GENERAL PARTNERSHIP CENTURY ALUMINUM SEBREE LLC SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT Dated as of May 16, 2018 WELLS FARGO CAPITAL FINANCE, LLC, as Agent and as Lead Arranger (May 16th, 2018)

THIS SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT is made as of this 16 day of May, 2018, by and among WELLS FARGO CAPITAL FINANCE, LLC (together with its successors and assigns, "WFCF"), a Delaware limited liability company, individually as a Lender, as Issuing Lender (as hereinafter defined), and as Agent (in such capacity, together with its successors and assigns, "Agent") for itself and any other financial institution which is or becomes a party hereto (each such financial institution, including WFCF, is referred to hereinafter individually as a "Lender" and collectively as the "Lenders"), the LENDERS, and CENTURY ALUMINUM COMPANY, a Delaware corporation ("Century"), CENTURY ALUMINUM OF SOUTH CAROLINA, INC. (successor in interest to Berkeley Aluminum, Inc.), a Delaware corporation ("Century South Carolina"), CENTURY ALUMINUM OF KENTUCKY GENERAL PARTNERSHIP, a Kentucky general partnership ("Century of Kentucky GP"), NSA GENERAL PARTNERSHIP, a Kentucky general partnership

Cancer Genetics, Inc – CONDITIONAL WAIVER& MODIFICATION N0.1 TO LOAN AND SECURITY AGREEMENT This Conditional Waiver & Modification No. 1 to Loan and Security Agreement (This "Modification") Is Entered Into as of May 14, 2018 (The "Modification Effective Date"), by and Between Partners for Growth IV, L.P. ("PFG"), as Lender, Cancer Genetics, Inc., a Delaware Corporation, and Gentris, LLC, a Delaware Limited Liability Company (Individually and Collectively, Jointly and Severally, "Borrower"). Capitalized Terms Used but Not Defined in This Modification Shall Have the Meanings Given Them in the Loan Agreement. Recitals (May 15th, 2018)
Seventh Amendment to Loan and Security Agreement (May 15th, 2018)

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

Loan and Security Agreement (May 15th, 2018)

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

First Amendment to Loan and Security Agreement (May 15th, 2018)

This First Amendment to Loan and Security Agreement is entered into as of May 10, 2018 (the "Amendment"), by and between MONTAGE CAPITAL II, L.P. ("Lender") and BRIDGELINE DIGITAL, INC. ("Borrower").

Exhibit A-3 to Fourth Amendment of Loan and Security Agreement Second Allonge (May 15th, 2018)

This Second Allonge ("Allonge"), dated April 27, 2018, is to the Secured Revolving Promissory Note dated as of December 12, 2016 in the maximum principal amount outstanding at any time of $1,000,000.00 (as amended by an Allonge dated November 13, 2017, the "Note") made by Creative Realities, Inc., a Minnesota corporation, Creative Realities, LLC, a Delaware limited liability company, and Conexus World Global, LLC, a Kentucky limited liability company, jointly and severally (each, and together herein referred to as "Maker"), payable to the order of Slipstream Communications, LLC, an Anguillan limited liability company (the "Holder").

Restoration Robotics Inc – Loan and Security Agreement (May 15th, 2018)
Ministry Partners Investment Company, Llc – MINISTRY PARTNERS INVESTMENT COMPANY, LLC AND MINISTRY PARTNERS FUNDING, LLC Loan and Security Agreement (May 14th, 2018)

THIS LOAN AND SECURITY AGREEMENT is hereby entered into effective as of April 30, 2018, by and among MINISTRY PARTNERS INVESTMENT COMPANY, LLC, a California limited liability company ("Company"), MINISTRY PARTNERS FUNDING, LLC, a Delaware limited liability company ("Collateral Agent") and the holders of the Company's Secured Investment Notes.

Avalara Inc – Loan and Security Agreement (May 11th, 2018)

THIS LOAN AND SECURITY AGREEMENT (this Agreement) dated as of June 6, 2016 (the Effective Date) among (a) SILICON VALLEY BANK, a California corporation SVB), in its capacity as administrative agent (Agent), (b) SVB, ALLY BANK, a Utah state bank (Ally), and each other Lender listed on Schedule 1 attached hereto and other financial institutions party hereto from time to time (each, a Lender and collectively, the Lenders), and (c) AVALARA, INC., a Washington corporation (Borrower), provides the terms on which Lenders shall lend to Borrower and Borrower shall repay Lenders. The parties agree as follows:

First Amendment to Loan and Security Agreement (May 10th, 2018)

THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment") is entered into this 13th day of February, 2018, by and between SILICON VALLEY BANK, a California corporation ("Bank"), and CALIX, INC., a Delaware corporation ("Borrower").

MINDBODY, Inc. – Consent and Fourth Amendment to Loan and Security Agreement (May 10th, 2018)

THIS CONSENT AND FOURTH AMENDMENT to Loan and Security Agreement (this "Amendment") is entered into as of April 2, 2018, by and among SILICON VALLEY BANK, a California corporation ("Bank"), MINDBODY, INC., a Delaware corporation ("Existing Borrower"), and BOOKER SOFTWARE, INC., a Delaware corporation ("New Borrower", and together with Existing Borrower, each a "Borrower" and, collectively, "Borrower").

Loan and Security Agreement (May 8th, 2018)

This LOAN AND SECURITY AGREEMENT (this "Agreement") is entered into as of May 8, 2018, by and between East West Bank ("Bank") and CAS Medical Systems, Inc. ("Borrower").

Second Amendment to Loan and Security Agreement (May 8th, 2018)

This Second Amendment to Loan and Security Agreement is entered into as of May 2, 2018 (this "Agreement"), by and among CITY NATIONAL BANK ("CNB"), as a Lender (as defined below) and in its capacity as administrative agent for the Lenders, SILICON VALLEY BANK ("SVB", and collectively, with CNB, the "Lenders", and each, a "Lender"), as a Lender, and FIVE9, INC. ("Borrower").

Mitek System Inc. – Loan and Security Agreement (May 7th, 2018)

THIS LOAN AND SECURITY AGREEMENT (this "Agreement") dated as of May 3, 2018 (the "Effective Date"), by and among SILICON VALLEY BANK, a California corporation ("Bank"), MITEK SYSTEMS, INC., a Delaware corporation ("Parent"), and IDCHECKER, INC., a California corporation (together with Parent, each a "Co-Borrower" and collectively, "Co-Borrowers"), and provides the terms on which Bank shall lend to Co-Borrowers, and Co-Borrowers shall repay Bank. The parties agree as follows:

Amendment No. 2 to Loan and Security Agreement (May 7th, 2018)

THIS AMENDMENT NO. 2 TO LOAN AND SECURITY AGREEMENT (this "Amendment"), dated as of March 23, 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 (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.

Amendment No. 1 to Loan and Security Agreement (May 4th, 2018)

WHEREAS, the Servicer, the Borrower, the Group Agent, the Committed Lender and the Administrative Agent have heretofore entered into that certain Loan and Security Agreement, dated as of May 5, 2017 (as amended, restated, supplemented, assigned or otherwise modified from time to time, the "Agreement");

Iterum Therapeutics Ltd – Loan and Security Agreement (May 4th, 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 April 27, 2018 (the Effective Date) among SILICON VALLEY BANK, a California corporation (Bank), as collateral agent (in such capacity, Collateral Agent) for itself and the Lenders (as defined below), the Lenders listed on Schedule 1.1 hereof or otherwise party hereto from time to time including Bank in its capacity as a Lender (each a Lender and collectively, the Lenders), ITERUM THERAPEUTICS INTERNATIONAL LIMITED, a company incorporated under the laws of Ireland, with company number 564304 and having its registered office at Block 2, Floor 3, Harcourt Centre, Harcourt Street, Dublin 2 (Iterum International), ITERUM THERAPEUTICS US HOLDING LIMITED, a Delaware corporation (US Holding Limited), and ITERUM THERAPEUTICS US LIMITED, a Delaware corporation (US Limited; together with Iterum International and US Holding Limited, individually and collec

Chicken Soup for the Soul Entertainment, Inc. – LOAN AND SECURITY AGREEMENT (Commercial Loan) (May 3rd, 2018)

THIS LOAN AND SECURITY AGREEMENT (this "Agreement") is made as of the ____ day of April, 2018, by and among CHICKEN SOUP FOR THE SOUL ENTERTAINMENT INC., a Delaware corporation, having an address at 132 East Putnam Avenue, Cos Cob, Connecticut 06807 ("CSSE") and SCREEN MEDIA VENTURES, LLC, a Delaware limited liability company, having an address at 800 Third Avenue, 3rd Floor, New York, New York 10022 ("SMV" and together with CSSE, individually and collectively, the "Borrower"), jointly and severally, BD PRODUCTIONS, LLC, a Connecticut limited liability company, having an address at c/o Chicken Soup for the Soul Entertainment Inc., 132 East Putnam Avenue, Cos Cob, Connecticut 06807 ("BDP"), 757 FILM ACQUISITION LLC, a Delaware limited liability company, having an address at c/o Screen Media Ventures, LLC, 800 Third Avenue, 3rd Floor, New York, New York 10022 ("757"), and SCREEN MEDIA FILMS, LLC, a Delaware limited liability company, having an address at c/o Screen Media Ventures, LLC, 8

Smart Server, Inc – Loan and Security Agreement (May 1st, 2018)

THIS LOAN AND SECURITY AGREEMENT is made and dated as of April 30, 2018 and is entered into by and among RUMBLEON, INC., a Nevada corporation ("Parent"), NEXTGEN PRO, LLC, a Delaware limited liability company ("NextGen Pro"), RMBL MISSOURI, LLC, a Delaware limited liability company ("RMBL Missouri"), RMBL TEXAS, LLC, a Delaware limited liability company ("RMBL Texas"), and each of their Qualified Subsidiaries from time to time party hereto (together with Parent, NextGen Pro, RMBL Missouri and RMBL Texas, individually, each, a "Borrower", and collectively, "Borrowers"), the several banks and other financial institutions or entities from time to time parties to this Agreement (collectively, "Lender") and HERCULES CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent and collateral agent for Lender (in such capacity, "Agent").

Evelo Biosciences, Inc. – Evelo Biosciences, Inc. Loan and Security Agreement (April 30th, 2018)

This LOAN AND SECURITY AGREEMENT (the Agreement) is entered into as of August 15, 2016, by and between PACIFIC WESTERN BANK, a California state chartered bank (Bank) and EVELO BIOSCIENCES, INC., a Delaware corporation (Borrower).

Novocure Ltd – Loan and Security Agreement (April 26th, 2018)

THIS LOAN AND SECURITY AGREEMENT (this "Agreement"), dated as of February 7, 2018 (the "Effective Date") by and between NOVOCURE LIMITED, a public company incorporated in Jersey, The Channel Islands (registered number 76264) ("Borrower"), and BIOPHARMA CREDIT PLC, a public limited company incorporated under the laws of England and Wales ("Lender"), provides the terms on which the Lender shall make, and Borrower shall repay, the Credit Extensions (as hereinafter defined). The parties hereto agree as follows:

Loan and Security Agreement and First Amendment to Loan Agreement (April 26th, 2018)

THIS LOAN AND SECURITY AGREEMENT AND FIRST AMENDMENT TO LOAN AGREEMENT, dated as of April 20, 2018 (this Agreement), is made and entered into by and among MONACO FINANCIAL, LLC, a California limited liability company (Lender), and ODYSSEY MARINE EXPLORATION, INC., a Nevada corporation (Borrower).

Adaptive Insights Inc – Loan and Security Agreement (April 25th, 2018)

THIS LOAN AND SECURITY AGREEMENT, dated as of June 2, 2017 (this Agreement), is entered into by and between ADAPTIVE INSIGHTS, INC., a Delaware corporation (Borrower), SILVER LAKE WATERMAN FUND, L.P., a Delaware limited partnership, as agent (Agent) for the lenders identified on Schedule 1 hereto (such lenders, together with their respective successors and assigns are referred to hereinafter each individually as a Lender and collectively as the Lenders), and the Lenders.

MR2 Group, Inc. – Precision Opinion, Inc. HERITAGE BANK OF COMMERCE LOAN AND SECURITY AGREEMENT (April 25th, 2018)

This Loan And Security Agreement is entered into as of September __, 2017, by and between HERITAGE BANK OF COMMERCE ("Bank") and PRECISION OPINION, INC. ("Borrower").

Bfc Financial – Acquisition LOAN and Security AGREEMENT by and Between ZB, N.A. DBA NATIONAL BANK OF ARIZONA AS LENDER and BLUEGREEN VACATIONS CORPORATION and BLUEGREEN VACATIONS UNLIMITED, INC., Jointly and Severally AS BORROWER Dated April 17, 2018 (April 23rd, 2018)

THIS ACQUISITION LOAN AND SECURITY AGREEMENT is made as of April 17, 2018 by and among BLUEGREEN VACATIONS CORPORATION, a Florida corporation ("BXG") and BLUEGREEN VACATIONS UNLIMITED, INC., a Florida corporation ("BVU"), jointly and severally (individually and collectively, as the context requires "Borrower") and ZB, N.A. DBA NATIONAL BANK OF ARIZONA, a national banking association ("Lender").

Novacea – Amendment No. 4 to Loan and Security Agreement (April 23rd, 2018)

This Amendment No. 4 to Loan and Security Agreement (this "Amendment") is dated as of April 17, 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., 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 in the Loan Agreement (as defined below)

Acquisition LOAN and Security AGREEMENT by and Between ZB, N.A. DBA NATIONAL BANK OF ARIZONA AS LENDER and BLUEGREEN VACATIONS CORPORATION and BLUEGREEN VACATIONS UNLIMITED, INC., Jointly and Severally AS BORROWER Dated April 17, 2018 (April 20th, 2018)

THIS ACQUISITION LOAN AND SECURITY AGREEMENT is made as of April 17, 2018 by and among BLUEGREEN VACATIONS CORPORATION, a Florida corporation ("BXG") and BLUEGREEN VACATIONS UNLIMITED, INC., a Florida corporation ("BVU"), jointly and severally (individually and collectively, as the context requires "Borrower") and ZB, N.A. DBA NATIONAL BANK OF ARIZONA, a national banking association ("Lender").

Olb Group, Inc. – LOAN AND SECURITY AGREEMENT Dated as of April 9, 2018 Among GACP Finance Co., LLC, as Agent, the Lenders From Time to Time Party Hereto, as Lenders, THE OLB GROUP, INC., as Parent Guarantor and Securus365, Inc., Evance Capital, Inc., Evance, Inc., Omnisoft, Inc., crowdpay.us, Inc., as Borrowers, (April 13th, 2018)

Page 1. TERM LOAN 1 1.1 Term Loan 1 1.2 [Reserved] 1 1.3 Protective Advances 1 1.4 Notice of Borrowing; Manner of Borrowing 2 1.5 Independent Obligations 2 1.6 Conditions of Making the Term Loan 2 1.7 Repayments 4 1.8 Prepayments; Voluntary Termination; Application of Prepayments 5 1.9 Obligations Unconditional 6 1.10 Reversal of Payments 8 2. INTEREST AND FEES; LOAN ACCOUNT 8 2.1 Interest 8 2.2 Fees 8 2.3 Computation of Interest and Fees 8 2.4 Loan Account; Monthly Accountings 8 2.5 Further Obligations; Maximum Lawful Rate 9 3. SECURITY INTEREST GRANT / POSSESSORY COLLATERAL / FURTHER ASSURANCES 9 3.1 Grant of Security Interest 9 3.2

Altisource Residential Corporat – SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT Among NOMURA CORPORATE FUNDING AMERICAS, LLC, as Lender and ARLP REO I, LLC, on Behalf of Itself and With Respect to QRS Series of ARLP REO I, LLC and TRS Series of ARLP REO I, LLC, ARLP REO II, LLC, on Behalf of Itself and With Respect to QRS Series of ARLP REO II, LLC and TRS Series of ARLP REO II, LLC, ARLP REO III, LLC, on Behalf of Itself and With Respect to QRS Series of ARLP REO III, LLC and TRS Series of ARLP REO III, LLC, ARLP REO IV, LLC, on Behalf of Itself and With Respect to QRS Series of ARLP REO IV, LLC and TRS Series of AR (April 11th, 2018)

This is a SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT, dated as of April 5, 2018, among NOMURA CORPORATE FUNDING AMERICAS, LLC, a Delaware limited liability company (the "Lender") and: ARLP REO I, LLC, on behalf of itself and with respect to QRS Series of ARLP REO I, LLC and TRS Series of ARLP REO I, LLC, ARLP REO II, LLC, on behalf of itself and with respect to QRS Series of ARLP REO II, LLC and TRS Series of ARLP REO II, LLC, ARLP REO III, LLC, on behalf of itself and with respect to QRS Series of ARLP REO III, LLC and TRS Series of ARLP REO III, LLC, ARLP REO IV, LLC, on behalf of itself and with respect to QRS Series of ARLP REO IV, LLC and TRS Series of ARLP REO IV, LLC, ARLP REO V, LLC, on behalf of itself and with respect to QRS Series of ARLP REO V, LLC and TRS Series of ARLP REO V, LLC, ARLP REO VI, LLC, on behalf of itself and with respect to QRS Series of ARLP REO VI, LLC and TRS Series of ARLP REO VI, LLC, ARLP REO VII, LLC, on behalf of itself and with respect

Motif Bio plc – Loan and Security Agreement (April 10th, 2018)

THIS LOAN AND SECURITY AGREEMENT is made and dated as of November 14, 2017 and is entered into by and among MOTIF BIOSCIENCES INC., a Delaware corporation, and each of its Qualified Subsidiaries (hereinafter collectively referred to herein as the Borrower), the several banks and other financial institutions or entities from time to time parties to this Agreement (collectively, referred to herein as Lender) and HERCULES CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent and collateral agent for itself and the Lender (in such capacity, the Agent).

Inspire Medical Systems, Inc. – Loan and Security Agreement (April 6th, 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 7, 2015 (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 INSPIRE MEDICAL SYSTEMS, INC., a Delaware corporation, with offices located at 9700 63rd Avenue North, Suite 200, Maple Grove, MN 55369 (Borrower), provides the terms on which the Lenders shall lend to Borrower and Borrower shall repay the Lenders. The parties agree as follows:

Kala Pharmaceuticals, Inc. – Kala Pharmaceuticals, Inc. Loan and Security Agreement (April 2nd, 2018)

This LOAN AND SECURITY AGREEMENT (this "Agreement") is entered into as of November 20, 2014, by and among Square 1 Bank ("Square 1"), in its capacity as administrative and collateral agent (together with its successors and assigns in such capacity, "Agent") for the lenders hereto as of the date hereof and other financial institutions who hereafter become parties to this Agreement as lenders (each individually a "Lender" and, collectively, the "Lenders"), the Lenders set forth on Schedule 1 hereto and Kala Pharmaceuticals, Inc. ("Borrower").