ATTACHMENT TO ADVANCE REQUEST. Dated: Borrower hereby represents and warrants to Lender that Borrower’s current name and organizational status is as follows: Name: CONCERT PHARMACEUTICALS, INC. Type of organization: Corporation State of organization: Delaware Organization file number: 4141420 Borrower hereby represents and warrants to Lender that xxx xxxxxx xxxxxxxxx, xxxxxx, xxxxxx and postal codes of its current owned and leased locations are as follows: EXHIBIT B-1 SECURED TERM PROMISSORY NOTE $ Advance Date: , 201 Maturity Date: July 1, 2015 FOR VALUE RECEIVED, CONCERT PHARMACEUTICALS, INC., a Delaware corporation (the “Borrower”) hereby promises to pay to the order of Hercules Technology Growth Capital, Inc. or the holder of this Note (the “Lender”) at 000 Xxxxxxxx Xxxxxx, Suite 310, Palo Alto, CA 94301 or such other place of payment as the holder of this Secured Term Promissory Note (this “Promissory Note”) may specify from time to time in writing, in lawful money of the United States of America, the principal amount of ($ ) or such other principal amount as Lender has advanced to Borrower, together with interest at a floating rate equal to the greater of (a) 8.50% per annum and (b) 8.50% plus the United States Prime Rate as reported in The Wall Street Journal minus 5.25%, not in any case to exceed 11.0% per annum, based upon a year consisting of 360 days, with interest computed daily based on the actual number of days in each month. This Promissory Note is the Note referred to in, and is executed and delivered in connection with, that certain Loan and Security Agreement dated December , 2011, by and between Borrower and Lender (as the same may from time to time be amended, modified or supplemented in accordance with its terms, the “Loan Agreement”), and is entitled to the benefit and security of the Loan Agreement and the other Loan Documents (as defined in the Loan Agreement), to which reference is made for a statement of all of the terms and conditions thereof. All payments shall be made in accordance with the Loan Agreement. All terms defined in the Loan Agreement shall have the same definitions when used herein, unless otherwise defined herein. An Event of Default under the Loan Agreement shall constitute a default under this Promissory Note. Borrower waives presentment and demand for payment, notice of dishonor, protest and notice of protest under the UCC or any applicable law. Borrower agrees to make all payments under this Promissory Note without setoff, recoupment or dedu...
ATTACHMENT TO ADVANCE REQUEST. Dated: Borrower hereby represents and warrants to Lender that Borrower’s current name and organizational status is as follows: Name: Type of organization: State of organization: Organization file number: Borrower hereby represents and warrants to Lender that xxx xxxxxx xxxxxxxxx, xxxxxx, xxxxxx and postal codes of its current locations are as follows: EXHIBIT B PROMISSORY NOTE $[ ],000,000 Advance Date: , 20[ ] Maturity Date: , 20[ ] FOR VALUE RECEIVED, (i) UNIQURE BIOPHARMA B.V., a (“uniQure”), (ii) UNIQURE IP B.V., a (“uniQure IP”), (iii) each of the subsidiaries of uniQure identified on the signature page hereof (uniQure, uniQure IP and such subsidiaries are hereinafter collectively referred to as “Borrower”) hereby promises to pay to the order of Hercules Technology Growth Capital, Inc., a Maryland corporation or the holder of this Note (the “Lender”) at 000 Xxxxxxxx Xxxxxx, Suite 310, Palo Alto, CA 94301 or such other place of payment as the holder of this Secured Term Promissory Note (this “Promissory Note”) may specify from time to time in writing, in lawful money of the United States of America, the principal amount of [ ] Million Dollars ($[ ],000,000) or such other principal amount as Lender has advanced to Borrower, together with interest at a floating rate per annum equal to the greater of either (i) eleven and eighty-five one-hundredths of one percent (11.85%), or (ii) the sum of (A) eleven and eighty-five one-hundredths of one percent (11.85%), plus (B) the Prime Rate minus three and one quarter of one percent (3.25%) based upon a year consisting of 360 days, with interest computed daily based on the actual number of days in each month. This Promissory Note is the Note referred to in, and is executed and delivered in connection with, that certain Loan and Security Agreement dated , 2013, by and between Borrower and Lender (as the same may from time to time be amended, modified or supplemented in accordance with its terms, the “Loan Agreement”), and is entitled to the benefit and security of the Loan Agreement and the other Loan Documents (as defined in the Loan Agreement), to which reference is made for a statement of all of the terms and conditions thereof. All payments shall be made in accordance with the Loan Agreement. All terms defined in the Loan Agreement shall have the same definitions when used herein, unless otherwise defined herein. An Event of Default under the Loan Agreement shall constitute a default under this Promissory Note. ...
ATTACHMENT TO ADVANCE REQUEST. Dated: Borrower hereby represents and warrants to Lender that Borrower’s current name and organizational status is as follows: Name: Aegerion Pharmaceuticals, Inc. Type of organization: Corporation State of organization: Delaware Organization file number: __________________________ Borrower hereby represents and warrants to Lender that xxx xxxxxx xxxxxxxxx, xxxxxx, xxxxxx and postal codes of its current locations are as follows: Chief Executive Office and Principal Place of Business: 0000 Xxxxx 00 Xxxx, Xxxxx 000 Xxxxxxxxxxx, XX 00000 Locations of Collateral: Same as above
ATTACHMENT TO ADVANCE REQUEST. Dated: Borrower hereby represents and warrants to Agent that Borrower’s current name and organizational status is as follows [complete for each Borrower]: Name: [ ] Type of organization: [ ] State of organization: [ ] Organization file number: [ ] Borrower hereby represents and warrants to Agent that xxx xxxxxx xxxxxxxxx, xxxxxx, xxxxxx and postal codes of its current locations are as follows: EXHIBIT B SECURED TERM PROMISSORY NOTE $30,000,000 Advance Date:, ___ ___, 20[ ] Maturity Date:, ___ ___, 20[ ] FOR VALUE RECEIVED, (i) OAK STREET HEALTH, LLC, an Illinois limited liability company (“Oak Street Health”), (ii) OAK STREET HEALTH MSO, LLC, an Illinois limited liability company (“Oak Street Health MSO”), (iii) ACORN NETWORK, LLC, an Illinois limited liability company (“Acorn Network”), (iv) OAK STREET HEALTH PHYSICIANS GROUP, P.C., an Illinois professional corporation (“OSH Physicians”), (v) OSH-IL PHYSICIANS GROUP, LLC, an Illinois limited liability company (“OSH-IL”), (vi) OSH-MI PHYSICIANS GROUP, PC, a Michigan professional corporation (“OSH-MI”), (vii) OSH-IN PHYSICIANS GROUP, PC, an Indiana professional corporation (“OSH-IN”), and (viii) each of the Qualified Subsidiaries and Physician’s Groups of any of the foregoing (the “Additional Borrowers”; and together with Oak Street Health, Oak Street Health MSO, Acorn Network, OSH Physicians, OSH-IL, OSH-MI and OSH-IN, jointly and severally, individually and collectively, “Borrower”) hereby promises to pay to the order of Hercules Capital, Inc., a Maryland corporation, or the holder of this Note (the “Lender”) at 000 Xxxxxxxx Xxxxxx, Suite 310, Palo Alto, CA 94301 or such other place of payment as the holder of this Secured Term Promissory Note (this “Promissory Note”) may specify from time to time in writing, in lawful money of the United States of America, the principal amount of Thirty Million Dollars ($30,000,000.00) or such other principal amount as Lender has advanced to Borrower, together with interest at a rate as set forth in Section 2.1(c) of the Loan Agreement based upon a year consisting of 360 days, with interest computed daily based on the actual number of days in each month. This Promissory Note is the Note referred to in, and is executed and delivered in connection with, that certain Loan and Security Agreement dated August 7, 2017, by and among Borrower, Hercules Capital, Inc., a Maryland corporation (the “Agent”) and the several banks and other financial institutions or entities from time...
ATTACHMENT TO ADVANCE REQUEST. Dated: Borrower hereby represents and warrants to Lender that Borrower’s current name and organizational status is as follows: Name: DICERNA PHARMACEUTICALS, INC. Type of organization: Corporation State of organization: Delaware Organization file number: Borrower hereby represents and warrants to Lender that xxx xxxxxx xxxxxxxxx, xxxxxx, xxxxxx and postal codes of its current locations are as follows: EXHIBIT B SECURED TERM PROMISSORY NOTE $[ ],000,000 Advance Date: , 20[ ] Maturity Date: , 20[ ] FOR VALUE RECEIVED, DICERNA PHARMACEUTICALS, INC., a Delaware corporation, for itself and each of its Subsidiaries (the “Borrower”) hereby promises to pay to the order of Hercules Technology II, L.P., a Maryland corporation or the holder of this Note (the “Lender”) at 000 Xxxxxxxx Xxxxxx, Suite 310, Palo Alto, CA 94301 or such other place of payment as the holder of this Secured Term Promissory Note (this “Promissory Note”) may specify from time to time in writing, in lawful money of the United States of America, the principal amount of [ ] Million Dollars ($[ ],000,000) or such other principal amount as Lender has advanced to Borrower, together with interest at a floating rate equal to the greater of (i) 12.95% or (ii) 12.95 plus the Prime Rate as reported in The Wall Street Journal minus 3.75%, not in any case to exceed 15.50%. This Promissory Note is the Note referred to in, and is executed and delivered in connection with, that certain Loan and Security Agreement dated March 25, 2009, by and between Borrower and Lender (as the same may from time to time be amended, modified or supplemented in accordance with its terms, the “Loan Agreement”), and is entitled to the benefit and security of the Loan Agreement and the other Loan Documents (as defined in the Loan Agreement), to which reference is made for a statement of all of the terms and conditions thereof. All payments shall be made in accordance with the Loan Agreement. All terms defined in the Loan Agreement shall have the same definitions when used herein, unless otherwise defined herein. An Event of Default under the Loan Agreement shall constitute a default under this Promissory Note. Borrower waives presentment and demand for payment, notice of dishonor, protest and notice of protest under the UCC or any applicable law. Borrower agrees to make all payments under this Promissory Note without setoff, recoupment or deduction and regardless of any counterclaim or defense. This Promissory Note has been negotia...
ATTACHMENT TO ADVANCE REQUEST. Dated: Borrower hereby represents and warrants to Lender that Borrower’s current name and organizational status is as follows: Name: Enphase Energy, Inc. Type of organization: Corporation State of organization: Delaware Organization file number: 4118583 Borrower hereby represents and warrants to Lender that xxx xxxxxx xxxxxxxxx, xxxxxx, xxxxxx and postal codes of its current locations are as follows:
ATTACHMENT TO ADVANCE REQUEST. Dated: _______________________ Borrower hereby represents and warrants to Agent that Xxxxxxxx’s current legal name and organizational status is as follows: Legal Name: [ ] Type of organization: [ ] State of organization: [ ] Organization file number: [ ] Borrower hereby represents and warrants to Agent that the street addresses, cities, states and postal codes of its current chief executive office locations are as follows: [ ⚫ ] Borrower hereby represents and warrants to Agent that the Advance Amount does not exceed the Maximum Term Loan Amount as follows:
ATTACHMENT TO ADVANCE REQUEST. Dated: Borrower hereby represents and warrants to Agent that Borrower’s current name and organizational status is as follows: Name: Kaleido Biosciences, Inc. Type of organization: Corporation State of organization: Delaware Organization file number: 40-0000000 Borrower hereby represents and warrants to Agent that txx xxxxxx xxxxxxxxx, xxxxxx, xxxxxx and postal codes of its current locations are as follows: [ ] Borrower hereby represents and warrants to Agent that the Advance Amount does not exceed the Maximum Term Loan Amount as follows:
ATTACHMENT TO ADVANCE REQUEST. Dated: _______________________ Borrower hereby represents and warrants to Agent that Borrower’s current name and organizational status is as follows: Name: Codiak BioSciences, Inc. Type of organization: Corporation State of organization: Delaware Organization file number: 5765543 Borrower hereby represents and warrants to Agent that xxx xxxxxx xxxxxxxxx, xxxxxx, xxxxxx and postal codes of its current locations are as follows: EXHIBIT B NAME, LOCATIONS, AND OTHER INFORMATION FOR BORROWER
ATTACHMENT TO ADVANCE REQUEST. Dated: _______________________ Borrower hereby represents and warrants to Agent that the current name and organizational status of Borrower is as follows: Name: Type of organization: State of organization: Organization file number: Borrower hereby represents and warrants to Agent that xxx xxxxxx xxxxxxxxx, xxxxxx, xxxxxx and postal codes of Borrower’s current chief executive office locations are as follows: Certain information has been omitted from this Exhibit 10.1 because it is both (i) not material and (ii) would likely cause competitive harm to the Company, if publicly disclosed. Double asterisks [**] denote omissions. EXHIBIT B NAME, LOCATIONS, AND OTHER INFORMATION
