Subordinated Loan and Security Agreement Sample Contracts

ARTICLE 1
Subordinated Loan and Security Agreement • July 15th, 2004 • Riviera Tool Co • Metalworkg machinery & equipment • Ohio
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SUBORDINATED LOAN AND SECURITY AGREEMENT
Subordinated Loan and Security Agreement • May 8th, 2017 • Appian Corp • Services-prepackaged software • Delaware

THIS SUBORDINATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of April 25, 2017 (the “Effective Date”) between SILICON VALLEY BANK, a California corporation (“Bank”), and APPIAN 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:

SUBORDINATED LOAN AND SECURITY AGREEMENT
Subordinated Loan and Security Agreement • September 1st, 2017 • Roku, Inc • Cable & other pay television services • Delaware

THIS SUBORDINATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of June 9, 2017 (the “Effective Date”), between SILICON VALLEY BANK, a California corporation (“Bank”), and ROKU, 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:

EXHIBIT 10.1 SUBORDINATED LOAN AND SECURITY AGREEMENT
Subordinated Loan and Security Agreement • October 30th, 2002 • Rouge Industries Inc • Steel works, blast furnaces & rolling mills (coke ovens) • New York
SUBORDINATED LOAN AND SECURITY AGREEMENT
Subordinated Loan and Security Agreement • November 13th, 2013 • Everyday Health, Inc. • Services-business services, nec • California

This SUBORDINATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of October 22, 2012 (the “Effective Date”) by and among: (a) SILICON VALLEY BANK, a California corporation (“SVB”; and in its capacity as Administrative Agent, the “Agent”), (b) SVB, SILVER LAKE WATERMAN FUND, L.P., a Delaware limited partnership (“Silver Lake”) and any other Lenders listed on Schedule 1 hereto and otherwise party hereto from time to time (each a “Lender”, and collectively the “Lenders”), and (c) (i) EVERYDAY HEALTH, INC., a Delaware corporation (“Everyday Health”), (ii) EVERYDAY HEALTH MEDIA, LLC, a Delaware limited liability company (“Media”), and (iii) MEDPAGE TODAY, L.L.C., a New Jersey limited liability company (“MedPage”) (Everyday Health, Media and MedPage are hereinafter jointly and severally, individually and collectively, referred to as “Borrower”), provides the terms on which Lenders shall lend to Borrower and Borrower shall repay Lenders. The parties agree as follows:

AMENDED AND RESTATED SUBORDINATED LOAN AND SECURITY AGREEMENT among COURTNEY SMITH, PETER JOKIEL, WILLIAM LODER, and GARY FERGUSON, as Subordinated Lenders, and SPECIALTY UNDERWRITERS’ ALLIANCE, INC., as the Borrower, and FRIEDMAN, BILLINGS, RAMSEY...
Subordinated Loan and Security Agreement • September 17th, 2004 • Specialty Underwriters Alliance, Inc. • Fire, marine & casualty insurance • Virginia

This AMENDED AND RESTATED SUBORDINATED LOAN AND SECURITY AGREEMENT (the “Agreement”) is dated as of July 23, 2004, among (1) Courtney Smith, Peter Jokiel, William Loder, and Gary Ferguson, each an individual (each a “Subordinated Lender” and, together, the “Subordinated Lenders”); and (2) Specialty Underwriters’ Alliance, Inc., a Delaware corporation, as the borrower (the “Borrower”); and (3)(a) Friedman, Billings, Ramsey Group, Inc., a Virginia corporation, as a senior lender to the Borrower and (b) Standard American Insurance Limited, a Bermuda company, as a senior lender to the Borrower (“SAIL,” and, together with FBR, the “Senior Lenders,” for the purpose of receiving the rights and benefits created by Section 2.02(d) and Section 2.09 hereof);

AMENDMENT NO. 1 TO SUBORDINATED LOAN AND SECURITY AGREEMENT
Subordinated Loan and Security Agreement • September 20th, 2021 • Kaspien Holdings Inc. • Retail-record & prerecorded tape stores • New York

THIS AMENDMENT NO. 1 TO SUBORDINATED LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into as of September 16, 2021, by and among KASPIEN INC., a Washington corporation (f/k/a Etailz Inc.) (the “Borrower”), KASPIEN HOLDINGS INC., a New York corporation (f/k/a Trans World Entertainment Corporation) (the “Parent”) and the lenders party hereto (the “Lenders”). Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Loan Agreement, as defined below.

AMENDMENT NO. 3 TO SUBORDINATED LOAN AND SECURITY AGREEMENT
Subordinated Loan and Security Agreement • February 18th, 2003 • Rouge Industries Inc • Steel works, blast furnaces & rolling mills (coke ovens) • New York
RECITALS
Subordinated Loan and Security Agreement • August 5th, 1999 • Be Free Inc • Delaware
SUBORDINATED LOAN AND SECURITY AGREEMENT
Subordinated Loan and Security Agreement • August 3rd, 2016 • Apptio Inc • Services-prepackaged software • Delaware

THIS SUBORDINATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of April 20, 2016 (the “Effective Date”) by and among: (a) SILICON VALLEY BANK, a California corporation (“SVB”; and in its capacity as Administrative Agent, the “Agent”), (b) SVB, ORIX VENTURES, LLC, a Delaware limited liability company (“ORIX”) and any other Lenders listed on Schedule 1 (as amended from time to time in accordance with this Agreement) hereto and otherwise party hereto from time to time (each a “Lender”, and collectively, the “Lenders”) and (c) APPTIO, INC., a Delaware corporation (“Borrower”), provides the terms on which Lenders shall lend to Borrower and Borrower shall repay Lenders. The parties agree as follows:

SUBORDINATED LOAN AND SECURITY AGREEMENT
Subordinated Loan and Security Agreement • November 14th, 2017 • RhythmOne PLC • Services-advertising agencies • New York

THIS SUBORDINATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of November 8, 2017 (the “Effective Date”) by and among SILICON VALLEY BANK, a California corporation with a loan production office located at 387 Park Avenue South, 2nd Floor, New York, New York 10016 (“Bank”), and RHYTHMONE, LLC, a California limited liability company (“RhythmOne”), REDWOOD MERGER SUB I, INC., a Delaware corporation (“Redwood I”), REDWOOD MERGER SUB II, INC., a Delaware corporation (“Redwood II”; and together with RhythmOne, and Redwood I are each referred to herein individually as a “Borrower” and are referred to herein individually and collectively and jointly and severally, as “Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:

EXHIBIT 99.2 SUBORDINATED LOAN AND SECURITY AGREEMENT
Subordinated Loan and Security Agreement • December 5th, 2001 • Rouge Industries Inc • Steel works, blast furnaces & rolling mills (coke ovens) • New York
FIRST AMENDMENT TO AMENDED AND RESTATED SUBORDINATED LOAN AND SECURITY AGREEMENT
Subordinated Loan and Security Agreement • November 12th, 2004 • Specialty Underwriters Alliance, Inc. • Fire, marine & casualty insurance • Virginia

THIS FIRST AMENDMENT TO SUBORDINATED LOAN AND SECURITY AGREEMENT (“First Amendment”), dated as of November 12, 2004, by and among (1)(a) COURTNEY SMITH, PETER JOKIEL, WILLIAM LODER and GARY FERGUSON, each an individual (each a “Subordinated Lender” and, together, the “Subordinated Lenders”); and (2) SPECIALTY UNDERWRITERS’ ALLIANCE, INC, a Delaware corporation, as the borrower (the “Borrower”); and (3)(a) FRIEDMAN, BILLINGS, RAMSEY GROUP, INC., a Virginia corporation, as a senior lender (“FBR”), and (b) STANDARD AMERICAN INSURANCE LIMITED, a Bermuda company, as a senior lender (“SAIL,” and together with FBR, the “Senior Lenders”), recites and provides as follows:

RECITALS
Subordinated Loan and Security Agreement • October 10th, 1997 • Information Advantage Software Inc • Illinois
JOINDER AND FIRST LOAN MODIFICATION TO SUBORDINATED LOAN AND SECURITY AGREEMENT
Subordinated Loan and Security Agreement • April 10th, 2013 • Mavenir Systems Inc • Computer communications equipment

This Joinder and First Loan Modification to Subordinated Loan and Security Agreement (this “Agreement”) is entered into as of February 13, 2013 (“First Loan Modification Effective Date”), by and between (i) SILICON VALLEY BANK, a California corporation with a loan production office located at 14185 Dallas Parkway, Suite 760, Dallas TX 75254 (“Bank”), (ii) MAVENIR SYSTEMS, INC., a Delaware corporation (“Mavenir”), MAVENIR HOLDINGS, INC., a Delaware corporation (“Holdings”), MAVENIR SYSTEMS IP HOLDINGS, LLC, a Delaware corporation (“Mavenir IP”, and together with Mavenir and Holdings, individually and collectively, jointly and severally, the “Borrower”) each with offices located at 1651 North Glenville Drive, Suite 216, Richardson, Texas 75081, (iii) MAVENIR SYSTEMS HOLDINGS LIMITED, a company registered under the laws of England and Wales under company number 05181808 whose registered office is at 76 Wallingford Road, Shillingford, Oxfordshire OX10 7EU, United Kingdom (“U.K. Holdings”),

SECOND LOAN MODIFICATION TO SUBORDINATED LOAN AND SECURITY AGREEMENT
Subordinated Loan and Security Agreement • October 4th, 2013 • Mavenir Systems Inc • Computer communications equipment

This Second Loan Modification to Subordinated Loan and Security Agreement (this “Agreement”) is entered into as of June 4, 2013 (“Second Loan Modification Effective Date”), by and between (i) SILICON VALLEY BANK, a California corporation with a loan production office located at 14185 Dallas Parkway, Suite 760, Dallas TX 75254 (“Bank”), (ii) MAVENIR SYSTEMS, INC., a Delaware corporation (“Mavenir”), (iii) MAVENIR HOLDINGS, INC., a Delaware corporation (“Holdings”), (iv) MAVENIR SYSTEMS IP HOLDINGS, LLC, a Delaware limited liability company (“Mavenir IP”) each with offices located at 1700 International Parkway, Suite 200, Richardson, TX 75081, (v) MAVENIR SYSTEMS HOLDINGS LIMITED, a company registered under the laws of England and Wales under company number 05181808 whose registered office is at 76 Wallingford Road, Shillingford, Oxfordshire OX10 7EU, United Kingdom (“U.K. Holdings”), (vi) MAVENIR SYSTEMS UK LIMITED, a company registered under the laws of England and Wales under company

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