LOAN, GUARANTY AND SECURITY AGREEMENT by and among GORDMANS, INC. as Borrower, THE GUARANTORS SIGNATORY HERETO, as Credit Parties, THE LENDERS THAT ARE SIGNATORIES HERETO as the Lenders, and WELLS FARGO BANK, NATIONAL ASSOCIATION (as successor by...Loan, Guaranty and Security Agreement • August 28th, 2013 • Gordmans Stores, Inc. • Retail-apparel & accessory stores • New York
THIS LOAN, GUARANTY AND SECURITY AGREEMENT (this “Agreement”), is entered into as of February 20, 2009, by and among, on the one hand, the lenders identified on the signature pages hereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), WELLS FARGO BANK, NATIONAL ASSOCIATION (successor by merger to Wells Fargo Retail Finance, LLC), as administrative agent for the Lenders and joint lead arranger (“Agent”), and CIT CAPITAL SECURITIES LLC, a Delaware limited liability company, as syndication agent and as joint lead arranger, and, on the other hand, GORDMANS, INC., a Delaware corporation (“Borrower”) and the Guarantors identified on the signature pages hereof (together with Borrower, the “Credit Parties” and each individually as a “Credit Party”).
AMENDED AND RESTATED LOAN, GUARANTY AND SECURITY AGREEMENT Dated as of March 5, 2018 TURTLE BEACH CORPORATION (FORMERLY KNOWN AS PARAMETRIC SOUND CORPORATION), as a US Borrower and a UK GuarantorLoan, Guaranty and Security Agreement • March 9th, 2018 • Turtle Beach Corp • Communications equipment, nec • California
The above margins shall be subject to increase or decrease on the first day of the calendar month following each Fiscal Quarter end based on the financial statements for the most recent Fiscal Quarter delivered to Agent as set forth hereunder. If Agent is unable to calculate Fixed Charge Coverage Ratio for a Fiscal Quarter due to Borrowers’ failure to deliver any financial statement when required hereunder, then, at the option of Agent or Required Lenders, margins shall be determined as if Level I were applicable until the first day of the calendar month following its receipt.
AMENDED AND RESTATED LOAN, GUARANTY AND SECURITY AGREEMENT Dated as of December 20, 2022 GUESS?, INC., GUESS? RETAIL, INC., and GUESS.COM, INC. as U.S. Borrowers, GUESS? CANADA CORPORATION, as Canadian Borrower and VARIOUS GUARANTORS PARTY HERETO BANK...Loan, Guaranty and Security Agreement • December 22nd, 2022 • Guess Inc • Women's, misses', children's & infants' undergarments • New York
THIS AMENDED AND RESTATED LOAN, GUARANTY AND SECURITY AGREEMENT is dated as of December 20, 2022 by and among GUESS?, INC., a Delaware corporation (“Parent”), GUESS? RETAIL, INC., a Delaware corporation (“Retail”), GUESS.COM, INC., a Delaware corporation (“Com”; and together with Parent, Retail and any party that joins this Agreement as a “U.S. Borrower” pursuant to Section 10.1.9(a), each a “U.S. Borrower” and collectively, the “U.S. Borrowers”), GUESS? CANADA CORPORATION, a company amalgamated under the laws of the province of Nova Scotia, Canada (“Guess Canada”; together with each party that joins this Agreement as a “Canadian Borrower” pursuant to Section 10.1.9(a), each a “Canadian Borrower” and collectively, the “Canadian Borrowers”; and together with U.S. Borrowers, each a “Borrower” and collectively, the “Borrowers”), Parent and certain Subsidiaries of Parent party to this Agreement as guarantor (each, a “Guarantor” and collectively, the “Guarantors”), the financial institution
FOURTH AMENDMENT AND JOINDER TO LOAN, GUARANTY AND SECURITY AGREEMENTLoan, Guaranty and Security Agreement • February 27th, 2023 • Inari Medical, Inc. • Surgical & medical instruments & apparatus • New York
This FOURTH AMENDMENT AND JOINDER TO LOAN, GUARANTY AND SECURITY AGREEMENT (this “Amendment”), dated as of December 16, 2022, is by and among INARI MEDICAL, INC., a Delaware corporation (the “Borrower”), INARI MEDICAL INTERNATIONAL, INC., a Delaware corporation (the “IMI”), INARI MEDICAL LATIN AMERICA, INC., a Delaware corporation (“IMLA” or “New Guarantor”; and together with IMI, each, a “Guarantor” and collectively, the “Guarantors”), each of the lenders signatory hereto (the “Lenders”), and BANK OF AMERICA, N.A., as agent for the Lenders (in such capacity, the “Agent”). Capitalized terms used herein and not otherwise defined shall have the meaning assigned such term in the Loan Agreement (as defined below).
AMENDED AND RESTATED LOAN, GUARANTY AND SECURITY AGREEMENT Dated as of March 16, 2012Loan, Guaranty and Security Agreement • May 1st, 2012 • Sanmina-Sci Corp • Printed circuit boards • New York
THIS AMENDED AND RESTATED LOAN, GUARANTY AND SECURITY AGREEMENT (this “Agreement”) is dated as of March 16, 2012, among SANMINA-SCI CORPORATION, a Delaware corporation (“Sanmina”), HADCO CORPORATION, a Massachusetts corporation (“Hadco”), HADCO SANTA CLARA, INC., a Delaware corporation (“Hadco Santa Clara”), SANMINA‑SCI SYSTEMS HOLDINGS, INC., a Delaware corporation (“SSCI Holdings”), and SCI TECHNOLOGY, INC., an Alabama corporation (“SCI Technology” and together with Sanmina, Hadco, Hadco Santa Clara and SSCI Holdings, collectively, “Borrowers”), SANMINA-SCI SYSTEMS (CANADA) INC., a Nova Scotia limited company, and SCI BROCKVILLE CORP., a Nova Scotia unlimited company, each as a Designated Canadian Guarantor, the financial institutions party to this Agreement from time to time as lenders (collectively, “Lenders”), and BANK OF AMERICA, N.A., a national banking association, as agent for the Lenders (“Agent”).
SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE SUCH TERMS ARE BOTH NOT MATERIAL AND ARE THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. THESE REDACTED TERMS HAVE BEEN MARKED IN THIS EXHIBIT WITH [REDACTED]. LOAN, GUARANTY...Loan, Guaranty and Security Agreement • December 1st, 2023 • Hut 8 Corp. • Finance services
THIS LOAN, GUARANTY AND SECURITY AGREEMENT (this “Agreement”) dated as of February 3, 2023 (the “Closing Date”), is by and among Anchorage Lending CA, LLC (“Lender”), U.S. Data Mining Group, Inc. (d/b/a U.S. Bitcoin Corp.), a Nevada corporation (“USDG”), as a Guarantor (as defined below), US Data Guardian LLC, a Nevada limited liability company and USDG’s direct wholly owned Subsidiary (“Borrower”) U.S. Data Mining Technologies Group Ltd., a Delaware corporation (“USDTG”), from and after the Qualifying IPO, the Parent Company, as a Guarantor and other Guarantors (as defined below), from time to time party hereto.
LOAN, GUARANTY AND SECURITY AGREEMENT Dated as of December 23, 2020 SMART MODULAR TECHNOLOGIES, INC., SMART EMBEDDED COMPUTING INC., and PENGUIN COMPUTING INC., as Borrowers SMART MODULAR TECHNOLOGIES (DE), INC., SMART HIGH RELIABILITY SOLUTIONS LLC,...Loan, Guaranty and Security Agreement • December 29th, 2020 • SMART Global Holdings, Inc. • Semiconductors & related devices • New York
THIS LOAN, GUARANTY AND SECURITY AGREEMENT is dated as of December 23, 2020 (this “Agreement”), by and among SMART MODULAR TECHNOLOGIES, INC., a California corporation (“Technologies”), SMART EMBEDDED COMPUTING INC., a Wisconsin corporation (“Computing”), PENGUIN COMPUTING INC., a California corporation (“Penguin”; and together with Technologies and Computing, each, a “Borrower” and collectively, the “Borrowers”), SMART MODULAR TECHNOLOGIES (DE), INC., a Delaware corporation (“Modular DE”), SMART HIGH RELIABILITY SOLUTIONS LLC, a Delaware limited liability company (“Smart High Reliability”), PREMIERE CUSTOMS BROKERS, INC., a California corporation (“Premiere Customs”), PREMIERE LOGISTICS, INC., a California corporation (“Premiere Logistics”), SMART WIRELESS COMPUTING, INC., a Delaware corporation (“Smart Wireless”; and together with Modular DE, Smart High Reliability, Premiere Customs, Premiere Logistics; and together with any other party joined hereto as a Guarantor, each, a “Guaranto
NINTH AMENDMENT TO LOAN, GUARANTY AND SECURITY AGREEMENTLoan, Guaranty and Security Agreement • December 8th, 2016 • Gordmans Stores, Inc. • Retail-apparel & accessory stores • New York
This Ninth Amendment to Loan, Guaranty and Security Agreement (this “Amendment”) is dated as of September 2, 2016 and is by and among GORDMANS, INC., a Delaware corporation (the “Borrower”), each of the other Credit Parties signatory hereto, each of the Lenders (as defined in the Loan Agreement referred to below) party hereto, WELLS FARGO BANK, NATIONAL ASSOCIATION, as the arranger and administrative agent for the Lenders (in such capacity, together with its successors and assigns, the “Agent”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as the term agent for the Term Lenders (as defined in the Loan Agreement referred to below) (in such capacity, together with its successors and assigns, the “Term Agent”).
NINTH AMENDMENT TO LOAN, GUARANTY AND SECURITY AGREEMENTLoan, Guaranty and Security Agreement • March 7th, 2018 • Turtle Beach Corp • Communications equipment, nec
This NINTH AMENDMENT TO LOAN, GUARANTY AND SECURITY AGREEMENT (this “Amendment”) is dated as of April 25, 2016, and is entered into by and among TURTLE BEACH CORPORATION, a Nevada corporation, formerly known as Parametric Sound Corporation (“Parametric”), VOYETRA TURTLE BEACH, INC., a Delaware corporation (“Voyetra”; and together with Parametric, individually, “US Borrower,” and individually and collectively, jointly and severally, “US Borrowers”), TURTLE BEACH EUROPE LIMITED, a company limited by shares and incorporated in England and Wales with company number 03819186 (“Turtle Beach,” also referred to hereinafter as “UK Borrower”; and together with US Borrowers, individually, “Borrower,” and individually and collectively, “Borrowers”), VTB HOLDINGS, INC., a Delaware corporation (“VTB” or “US Guarantor”; and together with US Borrowers, individually, a “UK Guarantor,” and individually and collectively, jointly and severally, “UK Guarantors”; UK Guarantors and US Guarantor, individually
THIRD AMENDMENT TO LOAN, GUARANTY AND SECURITY AGREEMENTLoan, Guaranty and Security Agreement • March 20th, 2015 • Turtle Beach Corp • Communications equipment, nec
This THIRD AMENDMENT TO LOAN, GUARANTY AND SECURITY AGREEMENT (this “Amendment”) is dated as of March 16, 2015, and is entered into by and among TURTLE BEACH CORPORATION, a Nevada corporation, formerly known as Parametric Sound Corporation (“Parametric”), VOYETRA TURTLE BEACH, INC., a Delaware corporation (“Voyetra”; and together with Parametric, individually “US Borrower,” and individually and collectively, jointly and severally, “US Borrowers”), TURTLE BEACH EUROPE LIMITED, a company limited by shares and incorporated in England and Wales with company number 03819186 (“Turtle Beach,” also referred to hereinafter as “UK Borrower”; and together with US Borrowers, individually “Borrower” and individually and collectively, “Borrowers”), PSC LICENSING CORP., a California corporation (“PSC”), VTB HOLDINGS, INC., a Delaware corporation (“VTB”; and together with PSC, individually a “US Guarantor” and individually and collectively, jointly and severally, “US Guarantors”; and together with US
TENTH AMENDMENT TO LOAN, GUARANTY AND SECURITY AGREEMENTLoan, Guaranty and Security Agreement • June 23rd, 2016 • Turtle Beach Corp • Communications equipment, nec
This TENTH AMENDMENT TO LOAN, GUARANTY AND SECURITY AGREEMENT (this “Amendment”) is dated as of June 17, 2016, and is entered into by and among TURTLE BEACH CORPORATION, a Nevada corporation, formerly known as Parametric Sound Corporation (“Parametric”), VOYETRA TURTLE BEACH, INC., a Delaware corporation (“Voyetra”; and together with Parametric, individually, “US Borrower,” and individually and collectively, jointly and severally, “US Borrowers”), TURTLE BEACH EUROPE LIMITED, a company limited by shares and incorporated in England and Wales with company number 03819186 (“Turtle Beach,” also referred to hereinafter as “UK Borrower”; and together with US Borrowers, individually, “Borrower,” and individually and collectively, “Borrowers”), VTB HOLDINGS, INC., a Delaware corporation (“VTB” or “US Guarantor”; and together with US Borrowers, individually, a “UK Guarantor,” and individually and collectively, jointly and severally, “UK Guarantors”; UK Guarantors and US Guarantor, individually,
AMENDMENT NO. 4 TO LOAN, GUARANTY AND SECURITY AGREEMENTLoan, Guaranty and Security Agreement • July 6th, 2020 • Cinedigm Corp. • Services-video tape rental • California
This Amendment No. 4 to Loan, Guaranty and Security Agreement (this “Amendment”) is entered into as of this 25 day of June, 2020, by and among Cinedigm Corp. (“Borrower”), the other Loan Parties set forth on the signature pages hereto (together with Borrower, collectively “Loan Parties”) and East West Bank (“Lender”).
SECOND AMENDMENT TO LOAN, GUARANTY AND SECURITY AGREEMENTLoan, Guaranty and Security Agreement • November 19th, 2014 • Gordmans Stores, Inc. • Retail-apparel & accessory stores • New York
SECOND AMENDMENT TO LOAN, GUARANTY AND SECURITY AGREEMENT, dated as of November 14, 2014 (this “Amendment”), to the Loan, Guaranty and Security Agreement, dated as of August 27, 2013 (as amended, restated, supplemented or otherwise modified from time to time prior to the date hereof, the “Financing Agreement”), by and among Gordmans, Inc., a Delaware corporation (the “Borrower”), the guarantors from time to time party thereto and Cerberus Business Finance, LLC, a Delaware limited liability company (“Cerberus”), as collateral agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “Collateral Agent”), and Cerberus, as administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “Administrative Agent” and together with the Collateral Agent, each an “Agent” and, collectively, the “Agent”). All terms used herein that are defined in the Financing Agreement and not otherwise defined here
SECOND AMENDMENT TO LOAN, GUARANTY AND SECURITY AGREEMENTLoan, Guaranty and Security Agreement • November 2nd, 2022 • BIG 5 SPORTING GOODS Corp • Retail-miscellaneous shopping goods stores
This SECOND AMENDMENT TO LOAN, GUARANTY AND SECURITY AGREEMENT (this “Amendment”) dated as of October 19, 2022 (the “Amendment Effective Date”), is entered into by and among BIG 5 SPORTING GOODS CORPORATION, a Delaware corporation (“Parent”), BIG 5 CORP., a Delaware corporation (“Big 5 Corp”), BIG 5 SERVICES CORP., a Virginia corporation (“Big 5 Services”, and together with Big 5 Corp, each a “Borrower” and collectively, the “Borrowers”), Parent and certain of its subsidiaries from time to time joined thereto, as guarantors thereunder (each, a “Guarantor” and collectively, the “Guarantors”), financial institutions party to the Loan 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”), with reference to the following facts:
FIFTH AMENDMENT TO LOAN, GUARANTY AND SECURITY AGREEMENTLoan, Guaranty and Security Agreement • March 3rd, 2023 • Terawulf Inc. • Services-computer processing & data preparation
This Fifth Amendment to Loan, Guaranty and Security Agreement (this “Amendment”) is made as of this 1st day of March, 2023 by and among TERAWULF INC., a Delaware corporation (“Borrower”), the Guarantors (as defined in the Loan Agreement (as defined below)) party hereto, the Lenders (as defined in the Loan Agreement (as defined below)) party hereto, and Wilmington Trust, National Association, a national banking association, in its capacity as administrative agent and collateral agent for the Lenders (in such capacities, and together with its successors and assigns in such capacities “Agent”).
FIRST AMENDMENT TO LOAN, GUARANTY AND SECURITY AGREEMENTLoan, Guaranty and Security Agreement • May 2nd, 2006 • Payless Shoesource Inc /De/ • Retail-shoe stores • New York
THIS FIRST AMENDMENT TO LOAN, GUARANTY AND SECURITY AGREEMENT (this “Amendment”), dated as of April 28, 2006, is entered into by and among PAYLESS SHOESOURCE FINANCE, INC., a Nevada corporation (“Borrower”), each of the Guarantors (as defined in the Loan Agreement) that is signatory to this Amendment, each of the lenders that is a signatory to this Amendment (together with its successors and permitted assigns, individually, “Lender” and, collectively, “Lenders”), and WELLS FARGO RETAIL FINANCE, LLC, a Delaware limited liability company, as the arranger and administrative agent for the Lenders (in such capacity, together with its successors, if any, in such capacity, “Agent” and together with the Lenders, collectively, the “Lender Group”), in light of the following:
FIFTH AMENDMENT TO LOAN, GUARANTY AND SECURITY AGREEMENTLoan, Guaranty and Security Agreement • February 27th, 2023 • Inari Medical, Inc. • Surgical & medical instruments & apparatus • New York
This FIFTH AMENDMENT TO LOAN, GUARANTY AND SECURITY AGREEMENT (this “Amendment”), dated as of February 6, 2023, is by and among INARI MEDICAL, INC., a Delaware corporation (the “Borrower”), INARI MEDICAL INTERNATIONAL, INC., a Delaware corporation (the “IMI”), INARI MEDICAL LATIN AMERICA, INC., a Delaware corporation (“IMLA” and together with IMI, each, a “Guarantor” and collectively, the “Guarantors”), each of the lenders signatory hereto (the “Lenders”), and BANK OF AMERICA, N.A., as agent for the Lenders (in such capacity, the “Agent”). Capitalized terms used herein and not otherwise defined shall have the meaning assigned such term in the Loan Agreement (as defined below).
TRIDENT MICROSYSTEMS (HONG KONG) LIMITED, as the Borrower and TRIDENT MICROSYSTEMS, INC. and TRIDENT MICROSYSTEMS (FAR EAST) LTD. as Guarantors LOAN, GUARANTY AND SECURITY AGREEMENT Dated as of February 9, 2011Loan, Guaranty and Security Agreement • March 7th, 2011 • Trident Microsystems Inc • Semiconductors & related devices • California
THIS LOAN, GUARANTY AND SECURITY AGREEMENT is dated as of February 9, 2011, among TRIDENT MICROSYSTEMS (HONG KONG) LIMITED, a Hong Kong limited company, (the “Borrower”), TRIDENT MICROSYSTEMS, INC, TRIDENT MICROSYSTEMS (FAR EAST) LTD. and the other entities party to this Agreement from time to time as Guarantors, the financial institutions party to this Agreement from time to time as lenders (collectively, “Lenders”), and BANK OF AMERICA, N.A. (acting through its Singapore branch or such other branch or branches as it may designate from time to time), a national banking association, as agent for the Lenders (“Agent”).
AMENDMENT NUMBER ONE TO LOAN, GUARANTY AND SECURITY AGREEMENTLoan, Guaranty and Security Agreement • March 25th, 2016 • Guess Inc • Women's, misses', children's & infants' undergarments • California
This AMENDMENT NUMBER ONE TO LOAN, GUARANTY AND SECURITY AGREEMENT (this “Agreement”), dated as of February 16, 2016 is entered into by and among GUESS?, INC., a Delaware corporation ("Parent"), GUESS? RETAIL, INC., a Delaware corporation (“Retail”), GUESS.COM, INC., a Delaware corporation (“Com”; and together with Parent, and Retail, each a “U.S. Borrower” and collectively, the “U.S. Borrowers”), GUESS? CANADA CORPORATION, a company amalgamated under the laws of the province of Nova Scotia, Canada (“Canadian Borrower”; and together with U.S. Borrowers, each a “Borrower” and collectively, the “Borrowers”), Parent and certain Subsidiaries of Parent party to this Agreement as guarantor (each, a “Guarantor” and collectively, the “Guarantors”), BANK OF AMERICA, N.A., as agent for the lenders identified below (in such capacity, the “Agent”), and each of the lenders set forth on the signature pages hereof (the “Lenders”). Capitalized terms not otherwise defined herein are defined in the Loan
LOAN, GUARANTY AND SECURITY AGREEMENTLoan, Guaranty and Security Agreement • November 13th, 2008 • Silverstar Holdings LTD • Services-prepackaged software • New York
This LOAN, GUARANTY AND SECURITY AGREEMENT (this “Agreement”) is entered into as of this 7th day of November, 2008, among Empire Interactive Europe Limited, a company organized under the laws of England (“Empire Europe” or “Borrower”), Empire Interactive, Inc., a corporation incorporated under the laws of Maryland (“Empire US”), Silverstar Holdings, Ltd., a company organized under the laws of Bermuda (“Silverstar Holdings”), Empire Interactive Plc, a company organized under the laws of England (“Empire UK”), and Empire Interactive Holdings Limited, a company organized under the laws of England (“Empire Holdings”), each as a Guarantor, and Full Circle Partners, LP, a Delaware limited partnership (“Full Circle”), as a Lender and Agent for the Lenders from time to time party hereto (in such capacity, “Agent”).
SECOND Amendment to Loan, Guaranty and security agreementLoan, Guaranty and Security Agreement • December 8th, 2023 • ASLAN Pharmaceuticals LTD • Pharmaceutical preparations • New York
This Second Amendment to Loan, Guaranty, and Security Agreement (this “Amendment”) is entered into this 6th day of December, 2023, by and among (a) ASLAN PHARMACEUTICALS (USA) INC., a Delaware corporation (“Borrower Representative”), ASLAN PHARMACEUTICALS LIMITED, an exempted company incorporated under the laws of the Cayman Islands and each other Person party hereto as a borrower from time to time (“Parent”, and together with Borrower Representative, collectively, “Borrowers”, and each, a “Borrower”), (b) ASLAN PHARMACEUTICALS PTE. LTD., a private company limited by shares formed under the laws of the Republic of Singapore (“ASLAN LTD” and together with each other Person party hereto or any other Loan Documents as a guarantor from time to time, collectively, “Guarantors” and each, a “Guarantor”, and together with Borrowers, collectively, “Loan Parties”, and each, a “Loan Party”), (c) K2 HEALTHVENTURES LLC as a lender, and the other lenders from time to time party hereto (collectively,
THIRD AMENDMENT TO LOAN, GUARANTY AND SECURITY AGREEMENTLoan, Guaranty and Security Agreement • August 2nd, 2023 • BIG 5 SPORTING GOODS Corp • Retail-miscellaneous shopping goods stores
This THIRD AMENDMENT TO LOAN, GUARANTY AND SECURITY AGREEMENT (this “Amendment”) dated as of May 16, 2023, is entered into by and among BIG 5 SPORTING GOODS CORPORATION, a Delaware corporation (“Parent”), BIG 5 CORP., a Delaware corporation (“Big 5 Corp”), BIG 5 SERVICES CORP., a Virginia corporation (“Big 5 Services”, and together with Big 5 Corp, each a “Borrower” and collectively, the “Borrowers”), Parent and certain of its subsidiaries from time to time joined thereto, as guarantors thereunder (each, a “Guarantor” and collectively, the “Guarantors”), financial institutions party to the Loan 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”), with reference to the following facts:
FIRST AMENDMENT TO LOAN, GUARANTY AND SECURITY AGREEMENTLoan, Guaranty and Security Agreement • March 2nd, 2022 • BIG 5 SPORTING GOODS Corp • Retail-miscellaneous shopping goods stores
This FIRST AMENDMENT TO LOAN, GUARANTY AND SECURITY AGREEMENT (this “Amendment”) dated as of November 22, 2021, is entered into by and among BIG 5 SPORTING GOODS CORPORATION, a Delaware corporation (“Parent”), BIG 5 CORP., a Delaware corporation (“Big 5 Corp”), BIG 5 SERVICES CORP., a Virginia corporation (“Big 5 Services”, and together with Big 5 Corp, each a “Borrower” and collectively, the “Borrowers”), Parent and certain of its subsidiaries from time to time joined thereto, as guarantors thereunder (each, a “Guarantor” and collectively, the “Guarantors”), financial institutions party to the Loan 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”), with reference to the following facts:
AMENDED AND RESTATED LOAN, GUARANTY AND SECURITY AGREEMENTLoan, Guaranty and Security Agreement • February 14th, 2023 • Cinedigm Corp. • Services-video tape rental
This AMENDED AND RESTATED LOAN, GUARANTY AND SECURITY AGREEMENT (this “Agreement”) is entered into as of September 15, 2022, by and among East West Bank (“Bank”), Cinedigm Corp., a Delaware corporation (“Borrower’’), Vistachiara Productions Inc., d/b/a The Bigger Picture, a Delaware corporation (“Vistachiara Productions”), Cinedigm Entertainment Corp., a New York corporation (“Cinedigm Entertainment”), Cinedigm Entertainment Holdings, LLC, a Delaware limited liability company (“Cinedigm Entertainment Holdings”), Cinedigm Home Entertainment, LLC, a Delaware limited liability company (“Cinedigm Home Entertainment”), Docurama, LLC, a Delaware limited liability company (“Docurama”), Dove Family Channel, LLC, a Delaware limited liability company (“Dove”), Cinedigm OTT Holdings, LLC, a Delaware limited liability company (“Cinedigm OTT”), Cinedigm Productions, LLC, a Delaware limited liability company (“Cinedigm Productions”), Cinedigm DC Holdings, LLC, a Delaware limited liability company (“
FIFTH AMENDMENT TO LOAN, GUARANTY AND SECURITY AGREEMENTLoan, Guaranty and Security Agreement • July 23rd, 2015 • Turtle Beach Corp • Communications equipment, nec
This FIFTH AMENDMENT TO LOAN, GUARANTY AND SECURITY AGREEMENT (this “Amendment”) is dated as of July 22, 2015, and is entered into by and among TURTLE BEACH CORPORATION, a Nevada corporation, formerly known as Parametric Sound Corporation (“Parametric”), VOYETRA TURTLE BEACH, INC., a Delaware corporation (“Voyetra”; and together with Parametric, individually “US Borrower,” and individually and collectively, jointly and severally, “US Borrowers”), TURTLE BEACH EUROPE LIMITED, a company limited by shares and incorporated in England and Wales with company number 03819186 (“Turtle Beach,” also referred to hereinafter as “UK Borrower”; and together with US Borrowers, individually “Borrower” and individually and collectively, “Borrowers”), PSC LICENSING CORP., a California corporation (“PSC”), VTB HOLDINGS, INC., a Delaware corporation (“VTB”; and together with PSC, individually a “US Guarantor” and individually and collectively, jointly and severally, “US Guarantors”; and together with US B
LOAN, GUARANTY AND SECURITY AGREEMENTLoan, Guaranty and Security Agreement • March 30th, 2016 • Turtle Beach Corp • Communications equipment, nec
This FOURTH AMENDMENT TO LOAN, GUARANTY AND SECURITY AGREEMENT (this “Amendment”) is dated as of April 22, 2015, and is entered into by and among TURTLE BEACH CORPORATION, a Nevada corporation, formerly known as Parametric Sound Corporation (“Parametric”), VOYETRA TURTLE BEACH, INC., a Delaware corporation (“Voyetra”; and together with Parametric, individually “US Borrower,” and individually and collectively, jointly and severally, “US Borrowers”), TURTLE BEACH EUROPE LIMITED, a company limited by shares and incorporated in England and Wales with company number 03819186 (“Turtle Beach,” also referred to hereinafter as “UK Borrower”; and together with US Borrowers, individually “Borrower” and individually and collectively, “Borrowers”), PSC LICENSING CORP., a California corporation (“PSC”), VTB HOLDINGS, INC., a Delaware corporation (“VTB”; and together with PSC, individually a “US Guarantor” and individually and collectively, jointly and severally, “US Guarantors”; and together with US
THIRD AMENDMENT TO LOAN, GUARANTY AND SECURITY AGREEMENTLoan, Guaranty and Security Agreement • May 10th, 2023 • Proterra Inc • Motor vehicles & passenger car bodies • New York
AGREEMENT (this “Amendment”) dated as of April 3, 2023, is entered into by and among PROTERRA OPERATING COMPANY, INC, a Delaware corporation (formerly Proterra Inc.) (“Borrower”), the Lenders identified on the signature pages hereto, and BANK OF AMERICA, N.A., a national banking association (“Bank of America”) as administrative agent for the Lenders (in such capacity, “Agent”), with reference to the following facts:
SECOND AMENDMENT TO LOAN, GUARANTY AND SECURITY AGREEMENTLoan, Guaranty and Security Agreement • May 17th, 2023 • Infinera Corp • Telephone & telegraph apparatus • New York
This SECOND AMENDMENT TO LOAN, GUARANTY AND SECURITY AGREEMENT (this “Amendment”) dated as of May 16, 2023, is entered into by among INFINERA CORPORATION, a Delaware corporation (“Infinera Corp”), INFINERA NORTH AMERICA, LLC, a Delaware limited liability company (“Infinera NA”), INFINERA OPTICAL NETWORKS, INC., a Delaware corporation (“Infinera Optical”), INFINERA AMERICA, INC., a Delaware corporation (“Infinera America”), INFINERA (USA) INC., a Delaware corporation (“Infinera USA”), INFINERA OPERATIONS, LP, a Delaware limited partnership (“Infinera Operations”; and together with Infinera Corp, Infinera NA, Infinera Optical, Infinera America, Infinera USA, and together with any entity joined hereto as a borrower after the date hereof, individually, a “Borrower” and collectively, the “Borrowers”), INFINERA GLOBAL HOLDINGS LLC, a Delaware limited liability company (“Infinera Global”), INFINERA OPTICAL HOLDING, INC., a Delaware corporation (“Infinera Holding”; and together with Infinera G
LOAN, GUARANTY AND SECURITY AGREEMENTLoan, Guaranty and Security Agreement • April 4th, 2018 • Cinedigm Corp. • Services-video tape rental
This LOAN, GUARANTY AND SECURITY AGREEMENT (this “Agreement”) is entered into as of March 30, 2018, by and among East West Bank (“Bank”), Cinedigm Corp., a Delaware corporation (“Borrower”), ADM Cinema Corporation d/b/a the Pavilion Theatre, a Delaware corporation (“ADM”), Vistachiara Productions Inc., d/b/a The Bigger Picture, a Delaware corporation (“Vistachiara Productions”), Vistachiara Entertainment, Inc., a Delaware corporation (“Vistachiara Entertainment”), Cinedigm Entertainment Corp., a New York corporation (“Cinedigm Entertainment”), Cinedigm Entertainment Holdings, LLC, a Delaware limited liability company (“Cinedigm Entertainment Holdings”), Cinedigm Home Entertainment, LLC, a Delaware limited liability company (“Cinedigm Home Entertainment”), Docurama, LLC, a Delaware limited liability company (“Docurama”), Dove Family Channel, LLC, a Delaware limited liability company (“Dove”), Cinedigm OTT Holdings, LLC, a Delaware limited liability company (“Cinedigm OTT”), and Cinedigm
SEVENTH AMENDMENT TO LOAN, GUARANTY AND SECURITY AGREEMENTLoan, Guaranty and Security Agreement • December 7th, 2015 • Turtle Beach Corp • Communications equipment, nec
This SEVENTH AMENDMENT TO LOAN, GUARANTY AND SECURITY AGREEMENT (this “Amendment”) is dated as of December 1, 2015, and is entered into by and among TURTLE BEACH CORPORATION, a Nevada corporation, formerly known as Parametric Sound Corporation (“Parametric”), VOYETRA TURTLE BEACH, INC., a Delaware corporation (“Voyetra”; and together with Parametric, individually, “US Borrower,” and individually and collectively, jointly and severally, “US Borrowers”), TURTLE BEACH EUROPE LIMITED, a company limited by shares and incorporated in England and Wales with company number 03819186 (“Turtle Beach,” also referred to hereinafter as “UK Borrower”; and together with US Borrowers, individually, “Borrower,” and individually and collectively, “Borrowers”), VTB HOLDINGS, INC., a Delaware corporation (“VTB” or “US Guarantor”; and together with US Borrowers, individually, a “UK Guarantor,” and individually and collectively, jointly and severally, “UK Guarantors”; UK Guarantors and US Guarantor, individu
THIRD AMENDMENT TO LOAN, GUARANTY AND SECURITY AGREEMENTLoan, Guaranty and Security Agreement • October 12th, 2022 • Terawulf Inc. • Services-computer processing & data preparation
This Third Amendment to Loan, Guaranty and Security Agreement (this “Amendment”) is made as of this 7th day of October, 2022 by and among TERAWULF INC., a Delaware corporation (“Borrower”), the Guarantors (as defined in the Loan Agreement (as defined below)) party hereto, the Lenders (as defined in the Loan Agreement (as defined below)) party hereto, and Wilmington Trust, National Association, a national banking association, in its capacity as administrative agent and collateral agent for the Lenders (in such capacities, and together with its successors and assigns in such capacities “Agent”).
FIRST AMENDMENT TO LOAN, GUARANTY AND SECURITY AGREEMENTLoan, Guaranty and Security Agreement • March 31st, 2021 • Inari Medical, Inc. • Surgical & medical instruments & apparatus • New York
This FIRST AMENDMENT TO LOAN, GUARANTY AND SECURITY AGREEMENT (this “Amendment”), dated as of March 30, 2021, is by and among INARI MEDICAL, INC., a Delaware corporation (the “Borrower”), INARI MEDICAL INTERNATIONAL, INC., a Delaware corporation (the “Guarantor”), each of the lenders signatory hereto (the “Lenders”), and BANK OF AMERICA, N.A., as agent for the Lenders (in such capacity, the “Agent”). Capitalized terms used herein and not otherwise defined shall have the meaning assigned such term in the Loan Agreement (as defined below).
EXECUTION VERSION AMENDED AND RESTATED LOAN, GUARANTY AND SECURITY AGREEMENT Dated as of April 20, 1999Loan, Guaranty and Security Agreement • May 14th, 1999 • Riddell Sports Inc • Sporting & athletic goods, nec • New York
AMENDMENT NO. 3 TO LOAN, GUARANTY AND SECURITY AGREEMENTLoan, Guaranty and Security Agreement • August 26th, 2019 • Cinedigm Corp. • Services-video tape rental • California
This Amendment No. 3 to Loan, Guaranty and Security Agreement (this “Amendment”) is entered into as of this 31st day of July, 2019, by and among Cinedigm Corp. (“Borrower”), the other Loan Parties set forth on the signature pages hereto (together with Borrower, collectively “Loan Parties”) and East West Bank (“Lender”).
SIXTH AMENDMENT AND LIMITED CONSENT TO LOAN, GUARANTY AND SECURITY AGREEMENTLoan, Guaranty and Security Agreement • November 2nd, 2023 • Inari Medical, Inc. • Surgical & medical instruments & apparatus • New York
This SIXTH AMENDMENT AND LIMITED CONSENT TO LOAN, GUARANTY AND SECURITY AGREEMENT (this “Amendment”), dated as of November 1, 2023, is by and among INARI MEDICAL, INC., a Delaware corporation (the “Borrower”), INARI MEDICAL INTERNATIONAL, INC., a Delaware corporation (the “IMI”), INARI MEDICAL LATIN AMERICA, INC., a Delaware corporation (“IMLA”; together with IMI, each a “Guarantor” and collectively, the “Guarantors”), each of the lenders signatory hereto (the “Lenders”), and BANK OF AMERICA, N.A., as the agent for the Lenders (in such capacity, the “Agent”). Capitalized terms used herein and not otherwise defined shall have the meaning assigned such term in the Loan Agreement (as defined below).
