Term Loan and Security Agreement Sample Contracts

December 4th, 2020 · Common Contracts · 8 similar
AeroGrow International, Inc.TERM LOAN AND SECURITY AGREEMENT

THIS TERM LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of June 21, 2019, is made by and among AEROGROW INTERNATIONAL, INC., a Nevada corporation (the “Borrower”), and THE SCOTTS COMPANY LLC, an Ohio limited liability company (the, “Lender”).

April 4th, 2018 · Common Contracts · 4 similar
Summit Healthcare REIT, IncTERM LOAN AND SECURITY AGREEMENT

This TERM LOAN AND SECURITY AGREEMENT (this “Agreement”), dated as of March 30, 2018, is by and between CHP Friendswood snf, llc, a Delaware limited liability company (the “Borrower”), and CIBC BANK USA (together with its successors and assigns, the “Lender”).

July 9th, 2021 · Common Contracts · 4 similar
Summit Healthcare REIT, IncTERM LOAN AND SECURITY AGREEMENT

This TERM LOAN AND SECURITY AGREEMENT (this “Agreement”), dated as of July 2, 2021, is made by and among Summit Creekside LLC, a Delaware limited liability company (“Creekside”), Summit YucaipA LLC, a Delaware limited liability company (“Yucaipa”), Summit Mentone LLC, a Delaware limited liability company (“Mentone”, and together with Creekside and Yucaipa, the “Borrowers” and each a “Borrower”), and CIBC BANK, USA, an Illinois banking corporation f/k/a The PrivateBank and Trust Company (together with its successors and assigns, the “Lender”).

March 29th, 2006 · Common Contracts · 4 similar
Pac-West Telecomm IncTERM LOAN AND SECURITY AGREEMENT

TERM LOAN AND SECURITY AGREEMENT dated as of 30th day of November 2005, between Pac-West Telecomm, Inc., a corporation organized and existing under the laws of the State of Califorina having its principal office at 1776 W. March Lane, Stockton, CA 95207 (“Customer”), and Merrill Lynch Capital, a division of Merrill Lynch Business Financial Services Inc., a corporation organized and existing under the laws of the State of Delaware having its principal office at 222 North LaSalle Street, Chicago, IL 60601 (“MLC”).

December 17th, 2004 · Common Contracts · 4 similar
DND Technologies IncEXHIBIT 10.10 TERM LOAN AND SECURITY AGREEMENT TERM LOAN AND SECURITY AGREEMENT dated as of May 14, 2004, between ASPECT SYSTEMS, INC. F/K/A ASPECT SEMIQUIP INTERNATIONAL, INC., a corporation organized and existing under the laws of the Stale of...
June 16th, 2015 · Common Contracts · 3 similar
Venoco, Inc.TERM LOAN AND SECURITY AGREEMENT

This TERM LOAN AND SECURITY AGREEMENT is entered into as of April 2, 2015 among VENOCO, INC., a Delaware corporation (the “Borrower”), the GUARANTORS (as defined herein), the APOLLO LENDER (as defined herein) and the MAST LENDER (as defined herein).

June 29th, 2016 · Common Contracts · 3 similar
Hecla Mining Co/De/TERM LOAN AND SECURITY AGREEMENT

This Term Loan and Security Agreement (“Agreement”) is made as of May 23, 2016 by and among MINES MANAGEMENT, INC., an Idaho corporation (the “Borrower”), NEWHI, INC., a Washington corporation (“Newhi”), MONTANORE MINERALS CORP., a Delaware corporation (“MMC”), MONTMIN RESOURCES CORP., a Delaware corporation (“MRC”), MONTANORE MINERALS WISCONSIN CORP., a Delaware corporation (“MMWC” and together with MMC, MRC and Newhi, the “Guarantors” and the Guarantors together with the Borrower, the “Loan Parties”) and HECLA MINING COMPANY, a Delaware corporation (the “Lender”). In consideration of the mutual covenants contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:

May 14th, 2014 · Common Contracts · 3 similar
PBF Energy Inc.TERM LOAN AND SECURITY AGREEMENT Dated as of May 14, 2014 among PBF LOGISTICS LP, as the Borrower, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, and The Lenders Party Hereto WELLS FARGO SECURITIES, LLC, CITIGROUP GLOBAL MARKETS INC....

This TERM LOAN AND SECURITY AGREEMENT is entered into as of May 14, 2014 between PBF LOGISTICS LP, a Delaware limited partnership (the “Borrower”), WELLS FARGO, NATIONAL ASSOCIATION (in such capacity, the “Administrative Agent”), WELLS FARGO SECURITIES, LLC, as joint lead arranger and joint bookrunner (the “Lead Arranger”) and CITIGROUP GLOBAL MARKETS INC., and DEUTSCHE BANK SECURITIES INC. as additional joint lead arrangers and joint bookrunners (in such capacities, together with the Lead Arranger, the “Joint Lead Arrangers”)) and the financial institutions and other entities signatories hereto as Lenders (each a “Lender” and collectively the “Lenders”).

May 5th, 2020 · Common Contracts · 3 similar
Execution Version AMENDMENT NO. 7 TO TERM LOAN AND SECURITY AGREEMENT

This AMENDMENT NO. 7 TO TERM LOAN AND SECURITY AGREEMENT (this “Seventh Amendment”), dated effective as of March 5, 2019, is entered into among SAExploration Holdings, Inc., a Delaware corporation (“Borrower”), the Guarantors party hereto, the Lenders party hereto, and Delaware Trust Company, as Administrative Agent and Collateral Agent (in such capacities, the “Agent”), and amends the Term Loan and Security Agreement dated as of June 29, 2016 (as amended by Amendment No. 1, dated as of October 24, 2016, Amendment No. 2, dated as of September 8, 2017, Amendment No. 3, dated as of February 28, 2018, Amendment No. 4, dated as of July 25, 2018, Amendment No. 5, dated as of September 26, 2018, and Amendment No. 6, dated as of January 25, 2019, as so amended, and as further amended, restated, modified or supplemented from time to time, the “Term Loan Agreement”), entered into among the Borrower, Guarantors, the Lenders party thereto, and Agent. Capitalized terms used herein and not otherwis

August 4th, 2016 · Common Contracts · 2 similar
Mines Management IncFIRST AMENDMENT TO TERM LOAN AND SECURITY AGREEMENT

THIS FIRST AMENDMENT TO TERM LOAN AND SECURITY AGREEMENT (this “First Amendment”), dated as of July 29, 2016, is by and among (i) MINES MANAGEMENT, INC., an Idaho corporation (the “Borrower”), NEWHI, INC., a Washington corporation (“Newhi”), MONTANORE MINERALS CORP., a Delaware corporation (“MMC”), MONTMIN RESOURCES CORP., a Delaware corporation (“MRC”), MONTANORE MINERALS WISCONSIN CORP., a Delaware corporation (“MMWC” and together with MMC, MRC and Newhi, the “Guarantors” and the Guarantors together with the Borrower, the “Loan Parties”) and (ii) HECLA MINING COMPANY, a Delaware corporation, (the “Lender”).

October 20th, 2008 · Common Contracts · 2 similar
Environmental Energy Services IncTERM LOAN AND SECURITY AGREEMENT

This TERM LOAN AND SECURITY AGREEMENT (this “Loan Agreement”), dated as of the ____ day of October, 2008 (the “Agreement Date”), is entered into by and between:

June 1st, 2005 · Common Contracts · 2 similar
Pharmaceutical Formulations IncTERM LOAN AND SECURITY AGREEMENT DATED AS OF MARCH 31, 2005

TERM LOAN AGREEMENT dated as of March 31, 2005, between PHARMACEUTICAL FORMULATIONS INC., 460 Plainfield Avenue, Edison, New Jersey 08818, a Delaware corporation (the "Borrower"), and ICC INDUSTRIES INC., 460 Park Avenue, New York, New York 10022, a New York corporation (the "Lender").

February 27th, 2008 · Common Contracts · 2 similar
New World Brands IncTERM LOAN AND SECURITY AGREEMENT By and between NEW WORLD BRANDS, INC. as Borrower TELES AG INFORMATIONS TECHNOLOGIEN, as Lender February 15, 2008

THIS TERM LOAN AND SECURITY AGREEMENT is entered into as of February 15, 2008 (this “Agreement”), between NEW WORLD BRANDS, INC. a Delaware corporation (“Borrower”), and TELES AG INFORMATIONSTECHNOLOGIEN, a German corporation (“Lender”).

August 10th, 2020 · Common Contracts · 2 similar
Commercial Vehicle Group, Inc.FIRST AMENDMENT TO TERM LOAN AND SECURITY AGREEMENT

THIS FIRST AMENDMENT TO TERM LOAN AND SECURITY AGREEMENT, dated as of May 11, 2020 (this “First Amendment”) is entered into among COMMERCIAL VEHICLE GROUP, INC., a Delaware corporation (the “Borrower”), each Subsidiary of the Borrower identified as a “Guarantor” on the signature pages hereto (the “Guarantors”), the Lenders party hereto (collectively, the “Consenting Lenders”) and Bank of America, N.A., as administrative agent (in such capacity, the “Administrative Agent”). Capitalized terms used but not defined herein shall have the meanings assigned to such terms in the Credit Agreement referred to below, after giving effect to this First Amendment (the “Amended Credit Agreement”).

April 22nd, 2003 · Common Contracts · 2 similar
Merrimac Industries IncEXHIBIT 10(qq) TERM LOAN AND SECURITY AGREEMENT THIS TERM LOAN AND SECURITY AGREEMENT(this "AGREEMENT"), is entered into as of March 26, 2002, between MERRIMAC INDUSTRIES, INC., a Delaware corporation, with an address at 41 Fairfield Place, West...
March 26th, 2010 · Common Contracts · 2 similar
Meru Networks IncTERM LOAN AND SECURITY AGREEMENT

This TERM LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of November 30, 2007 (the “Effective Date”) among (a) SILICON VALLEY BANK, a California corporation with a loan production office located at 3979 Freedom Circle, Suite 600, Santa Clara, California 95054 (“SVB”), as agent (the “Agent”) and the Lenders listed on Schedule 1.1 and otherwise party hereto, including without limitation, SVB and GOLD HILL VENTURE LENDING 03, L.P. (“Gold Hill”), and (b) MERU NETWORKS, 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:

March 12th, 2018 · Common Contracts · 2 similar
KBS Growth & Income REIT, Inc.AMENDED AND RESTATED TERM LOAN AND SECURITY AGREEMENT

THIS AMENDED AND RESTATED TERM LOAN AND SECURITY AGREEMENT (the “Agreement”) dated as of November 9, 2017, is by and among KBSGI OFFICES AT GREENHOUSE, LLC, a Delaware limited liability company (“Greenhouse Borrower”), KBSGI VON KARMAN TECH, LLC, a Delaware limited liability company (“Von Karman Borrower”), KBSGI 213 WEST INSTITUTE PLACE, LLC, a Delaware limited liability company (“Institute Borrower,” and, together with Greenhouse Borrower and Von Karman Borrower, individually, collectively, jointly and severally, “Borrower”), JPMORGAN CHASE BANK, N.A., a national banking association (“JPMorgan”) in its capacity as Administrative Agent (as hereinafter defined) and Lenders (as hereinafter defined).

August 28th, 2007 · Common Contracts · 2 similar
Akrion, Inc.TERM LOAN AND SECURITY AGREEMENT between AKRION, INC. as Borrower, the Subsidiary Guarantors party hereto as Guarantors, and BHC INTERIM FUNDING II, L.P. as Lender Dated as of July 5, 2006

This TERM LOAN AND SECURITY AGREEMENT is dated as of July 5, 2006 and entered into by and between AKRION, INC., a Delaware corporation, as borrower (“Borrower”), the Subsidiary Guarantors party hereto, as Guarantors, and BHC INTERIM FUNDING II, L.P., a Delaware limited partnership, as lender (“Lender”), with offices at 444 Madison Avenue, New York, New York 10022.

June 23rd, 2009 · Common Contracts · 2 similar
A123 Systems, Inc.TERM LOAN AND SECURITY AGREEMENT

This TERM LOAN AND SECURITY AGREEMENT (the "Agreement") dated August 2, 2006 by and among SILICON VALLEY BANK, a California-chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 ("SVB"), as agent (the "Agent"), and the Lenders listed on Schedule 1.1 and otherwise party hereto, including without limitation, SVB and GOLD HILL VENTURE LENDING 03, L.P. ("Gold Hill") and A123 SYSTEMS, INC., a Delaware corporation, whose address is Arsenal on the Charles, One Kingsbury Avenue, Watertown, MA 02472 ("Borrower") provides the terms on which Lenders shall extend credit to Borrower and Borrower shall repay Lenders. The parties agree as follows:

October 7th, 2005 · Common Contracts · 2 similar
Tandem Health Care, Inc.FIRST AMENDMENT TO AMENDED AND RESTATED TERM LOAN AND SECURITY AGREEMENT

This First Amendment to Amended and Restated Term Loan and Security Agreement (this “Amendment”), dated as of June 30, 2004, is made by and between Tandem Health Care of Florida, Inc., a Florida corporation (the “Borrower”), and LaSalle Bank National Association, a national banking association (together with its successors and assigns, the “Lender”).

November 13th, 2002 · Common Contracts · 2 similar
Advanced Micro Devices IncTERM LOAN AND SECURITY AGREEMENT Dated as of September 27, 2002 Among THE FINANCIAL INSTITUTIONS NAMED HEREIN as the Lenders, GENERAL ELECTRIC CAPITAL CORPORATION as the Agent, GECC CAPITAL MARKETS GROUP, INC. as the Sole Arranger and Syndication...

Term Loan and Security Agreement, dated as of September 27, 2002, among the financial institutions listed on the signature pages hereof (such financial institutions, together with their respective successors and assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (in its individual capacity, “GECC”) with an office at 401 Merritt Seven, 2nd Floor, Norwalk, Connecticut 06856, as agent for the Lenders (in its capacity as agent for itself and the Lenders, together with its successors or affiliates in such capacity, the “Agent”), GECC CAPITAL MARKETS GROUP, INC., a Delaware corporation, as Sole Arranger and Syndication Agent (in such capacity, the “Syndication Agent”), BANK OF AMERICA, N.A. (in its individual capacity, the “Bank”) with an office at 55 South Lake, Suite 900, Pasadena, CA 91101, as documentation agent for itself and the Lenders (in its capacity as documentation ag

December 30th, 2020 · Common Contracts · 2 similar
DXP Enterprises IncTERM LOAN AND SECURITY AGREEMENT Dated as of December 23, 2020 DXP Enterprises, Inc. as Borrower THE OTHER PERSONS PARTY HERETO FROM TIME TO TIME, as Guarantors GOLDMAN SACHS BANK USA, as Administrative Agent and CERTAIN FINANCIAL INSTITUTIONS, as...

Exhibit C-1 U.S. Tax Compliance Certificate (For Foreign Lenders That Are Not Partnerships For U.S. Federal Income Tax Purposes)

May 7th, 2015 · Common Contracts · 2 similar
Diversicare Healthcare Services, Inc.TERM LOAN AND SECURITY AGREEMENT dated as of February 2, 2015 by and between DIVERSICARE GLASGOW PROPERTY, LLC, as Borrower and THE PRIVATEBANK AND TRUST COMPANY, as Lender

This TERM LOAN AND SECURITY AGREEMENT (this “Agreement”), dated as of February 2, 2015, is by and between DIVERSICARE GLASGOW PROPERTY, LLC, a Delaware limited liability company (“Borrower”), and THE PRIVATEBANK AND TRUST COMPANY, an Illinois banking corporation (“Lender”), its successors and assigns.

January 24th, 2017 · Common Contracts · 2 similar
Birks Group Inc.FOURTH AMENDMENT TO THIRD AMENDED AND RESTATED TERM LOAN AND SECURITY AGREEMENT

THIS THIRD AMENDED AND RESTATED TERM LOAN AND SECURITY AGREEMENT (THIS “AGREEMENT”) IS ENTERED INTO AS OF NOVEMBER 21, 2014, AMONG MAYOR’S JEWELERS INC., A DELAWARE CORPORATION (THE “US BORROWER” OR “MAYOR’S”), BIRKS GROUP INC. – GROUPE BIRKS INC. (formerly known as BIRKS & MAYORS INC.), A CANADIAN CORPORATION (THE “CANADIAN BORROWER” OR “BIRKS” AND, TOGETHER WITH THE US BORROWER, COLLECTIVELY, THE “BORROWERS” AND EACH INDIVIDUALLY, A “BORROWER”), EACH SUBSIDIARY OF THE BORROWERS FROM TIME TO TIME PARTY HERETO AS A GUARANTOR, EACH LENDER FROM TIME TO TIME PARTY HERETO (COLLECTIVELY, THE “LENDERS” AND EACH INDIVIDUALLY, A “LENDER”) AND CRYSTAL FINANCIAL LLC, AS ADMINISTRATIVE AGENT AND COLLATERAL AGENT (IN ITS INDIVIDUAL CAPACITY, “CRYSTAL” OR THE “AGENT”).

July 12th, 2021
Cadre Holdings, Inc.MAUI ACQUISITION CORP., SAFARILAND, LLC, SAFARILAND GLOBAL SOURCING, LLC, HORSEPOWER, LLC, MED-ENG, LLC, SENCAN HOLDINGS, LLC, and ATLANTIC TACTICAL, INC., as US Borrowers, and LAWMEN’S DISTRIBUTION, LLC, SAFARILAND DISTRIBUTION, LLC, UNITED UNIFORM...

THIS TERM LOAN AND SECURITY AGREEMENT is dated as of November 17, 2020 (this “Agreement”), among MAUI ACQUISITION CORP., a Delaware corporation (“Holdings”), SAFARILAND, LLC, a Delaware limited liability company (“Safariland”), SAFARILAND GLOBAL SOURCING, LLC, a Delaware limited liability company (“Global Sourcing”), HORSEPOWER, LLC, a Delaware limited liability company (“Horsepower”), MED- ENG, LLC, a Delaware limited liability company (“Med-Eng”), SENCAN HOLDINGS, LLC, a Delaware limited liability company (“Sencan Holdings”), ATLANTIC TACTICAL, INC., a Pennsylvania corporation (“ATI” and, together with Holdings, Safariland, Global Sourcing, Horsepower, Med-Eng and Sencan Holdings, collectively, “US Borrowers”), MED-ENG HOLDINGS ULC, a British Columbia unlimited liability company (“Med-Eng Holdings”), PACIFIC SAFETY PRODUCTS INC., a Canadian corporation (“PSP” and, together with Med-Eng Holdings, collectively, “Canadian Borrowers”), the other Obligors party hereto, the Lenders (as def

May 15th, 2001
Areawide Cellular IncEXHIBIT 10.5 TERM LOAN AND SECURITY AGREEMENT
July 12th, 2010
Birks & Mayors Inc.THIRD AMENDMENT TO TERM LOAN AND SECURITY AGREEMENT

THIRD AMENDMENT TO TERM LOAN AND SECURITY AGREEMENT, dated as of October 29, 2009 (this “Amendment”), by and among (i) MAYOR’S JEWELERS, INC., a Delaware corporation (the “US Borrower”) and BIRKS & MAYORS INC., a Canadian corporation (the “Canadian Borrower” and, together with the US Borrower, the “Borrowers”), (ii) the guarantors party to the Loan Agreement referred to below (the “Guarantors” and, together with the Borrowers, the “Loan Parties”), (iii) the lenders party to the Loan Agreement referred to below (collectively, the “Lenders”), and (iv) GB MERCHANT PARTNERS, LLC, in its capacity as administrative agent (the “Administrative Agent”). Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Loan Agreement referred to below.

November 4th, 2020
Hamilton Lane INCSECOND AMENDMENT TO TERM LOAN AND SECURITY AMENDMENT

This SECOND AMENDMENT TO TERM LOAN AND SECURITY AGREEMENT (“Amendment”) is entered into as of September 30, 2020, by and between FIRST REPUBLIC BANK (“Lender”) and HAMILTON LANE ADVISORS, L.L.C. a Pennsylvania limited liability company (“Borrower”).

October 2nd, 2018
SAExploration Holdings, Inc.AMENDMENT NO. 5 TO TERM LOAN AND SECURITY AGREEMENT

This AMENDMENT NO. 5 TO TERM LOAN AND SECURITY AGREEMENT (this “Fifth Amendment”), dated effective as of September 26, 2018, is entered into among SAExploration Holdings, Inc., a Delaware corporation (“Borrower”), SAExploration Acquisitions (U.S.), LLC, a Delaware limited liability company (the “New Guarantor”), the other Guarantors party hereto, the Lenders party hereto (the “Lenders”), and Delaware Trust Company, as Administrative Agent and Collateral Agent (in such capacities, the “Agent”), and amends the Term Loan and Security Agreement dated as of June 29, 2016 (as amended by Amendment No. 1, dated as of October 24, 2016, Amendment No. 2, dated as of September 8, 2017, Amendment No. 3, dated as of February 28, 2018, and Amendment No. 4, dated as of July 25, 2018, as so amended, and as further amended, restated, modified or supplemented from time to time, the “Term Loan Agreement”), entered into among the Borrower, Guarantors, Lenders party thereto, and the Agent. Capitalized terms

March 22nd, 2007
Netezza CorpExhibit 10.16 TERM LOAN AND SECURITY AGREEMENT This TERM LOAN AND SECURITY AGREEMENT (the "Agreement") dated June 14, 2005 by and among SILICON VALLEY BANK, a California-chartered bank, with its principal place of business at 3003 Tasman Drive, Santa...
December 29th, 2014
Techprecision CorpREVERE HIGH YIELD FUND, LP

THIS TERM LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of December 22, 2014 between REVERE HIGH YIELD FUND, LP, a Delaware limited partnership having an office and place of business located at 105 Rowayton Avenue, Suite 100, Rowayton, CT 06853 (the “Lender”) and RANOR, INC., a Delaware corporation having an address of 1 Bella Vista Drive, Westminster, MA 01473 (the “Borrower”).

July 6th, 2009
Birks & Mayors Inc.FIRST AMENDMENT TO TERM LOAN AND SECURITY AGREEMENT

FIRST AMENDMENT TO TERM LOAN AND SECURITY AGREEMENT, dated as of April 30, 2009 (this “Amendment”), by and among (i) MAYOR’S JEWELERS, INC., a Delaware corporation (the “US Borrower”) and BIRKS & MAYORS INC., a Canadian corporation (the “Canadian Borrower” and, together with the US Borrower, the “Borrowers”, and each individually, a “Borrower”), (ii) the guarantors party to the Loan Agreement referred to below (the “Guarantors” and, together with the Borrowers, the “Loan Parties”), (iii) the lenders party to the Loan Agreement referred to below (collectively, the “Lenders”), and (iv) GB MERCHANT PARTNERS, LLC, in its capacity as administrative agent (the “Administrative Agent”). Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Loan Agreement referred to below.

March 20th, 2002
Chromcraft Revington IncSECTION 4 REPRESENTATIONS AND WARRANTIES OF BORROWER
July 1st, 2014
Sport Chalet IncSPORT CHALET, INC., as Borrower, together with each of the other Obligated Parties party hereto from time to time TERM LOAN AND SECURITY AGREEMENT Dated as of June 27, 2014 CERTAIN FINANCIAL INSTITUTIONS, as Lenders and CRYSTAL FINANCIAL SBIC LP, as Agent

This TERM LOAN AND SECURITY AGREEMENT is dated as of June 27, 2014, among SPORT CHALET, INC., a Delaware corporation (“Borrower”), SPORT CHALET VALUE SERVICES, LLC, a Virginia limited liability company (“Value Services”), SPORT CHALET TEAM SALES, INC., a California corporation (“Team Sales”, and together with Borrower and VALUE SERVICES, the “Obligated Parties” and each individually, an “Obligated Party”), the financial institutions party to this Agreement from time to time as lenders (collectively, “Lenders”), and CRYSTAL FINANCIAL SBIC LP, a Delaware limited partnership, as agent for the Lenders (“Agent”).

November 20th, 2008
Capital Growth Systems Inc /Fl/TERM LOAN AND SECURITY AGREEMENT Dated as of November ____, 2008 Among CAPITAL GROWTH SYSTEMS, INC., GLOBAL CAPACITY GROUP, INC., CENTREPATH, INC., 20/20 TECHNOLOGIES, INC., 20/20 TECHNOLOGIES I, LLC, NEXVU TECHNOLOGIES, LLC, FNS 2007, INC., MAGENTA...

This TERM LOAN AND SECURITY AGREEMENT (this “Agreement”) is entered into as of the ___ day of September, 2008 among CAPITAL GROWTH SYSTEMS, INC., a Florida corporation (“Parent”), GLOBAL CAPACITY GROUP, INC., a Texas corporation (“GCG”), CENTREPATH, INC., a Delaware corporation (“Centrepath”), 20/20 TECHNOLOGIES, INC., a Delaware corporation (“20/20 Inc.”), 20/20 TECHNOLOGIES I, LLC, a Delaware limited liability company (“20/20 LLC”), NEXVU TECHNOLOGIES, LLC, a Delaware limited liability company (“Nexvu”), FNS 2007, INC., a Delaware corporation (“FNS”), MAGENTA NETLOGIC LIMITED, a company incorporated under the laws of England and Wales (“Magenta”), CAPITAL GROWTH ACQUISITION, INC., a Delaware corporation (“CG Acquisition”), VANCO DIRECT USA, LLC, t/b/k/a Global Capacity Direct, LLC, a Delaware limited liability company (“Vanco”; Parent, GCG, Centrepath, 20/20 Inc., 20/20 LLC, Nexvu, FNS, Magenta, CG Acquisition and Vanco are referred to herein individually as a “Borrower” and collecti