EXECUTION AMENDMENT NO. 3 TO LOAN AND SECURITY AGREEMENT AND CONSENT THIS AMENDMENT NO. 3 TO LOAN AND SECURITY AGREEMENT AND CONSENT (this "AMENDMENT"), dated as of October 31, 2005, among ATLAS AIR, INC., a Delaware corporation ("ATLAS AIR"), POLAR...Loan and Security Agreement and Consent • April 14th, 2006 • Atlas Air Worldwide Holdings Inc • Air transportation, nonscheduled • New York
AMENDMENT NO. 2 TO LOAN AND SECURITY AGREEMENT AND CONSENTLoan and Security Agreement and Consent • November 6th, 2009 • Associated Materials, LLC • Plastics products, nec • New York
AMENDMENT NO. 2 TO LOAN AND SECURITY AGREEMENT AND CONSENT, dated as of October 23, 2009 (this “Amendment No. 2”), by and among Wachovia Bank, National Association, a national banking association, in its capacity as administrative agent pursuant to the Loan Agreement (as hereinafter defined) acting for and on behalf of the parties thereto as lenders (in such capacity, “Agent”), certain of the parties to the Loan Agreement as lenders (individually, each a “Lender” and collectively, “Lenders”), Associated Materials, LLC, a Delaware limited liability company (“Associated”), Gentek Building Products, Inc., a Delaware corporation (“Gentek”), Associated Materials Canada Limited formerly known as Gentek Building Products Limited, a corporation incorporated under the laws of the Province of Ontario, Canada (“Associated Canada”), and Gentek Building Products Limited Partnership, an Ontario limited partnership (“GBPLP”, and together with Associated, GBPI and Associated Canada, collectively “Borr
AMENDMENT NO. 1 TO LOAN AND SECURITY AGREEMENT AND CONSENTLoan and Security Agreement and Consent • September 15th, 2009 • Farmer Brothers Co • Miscellaneous food preparations & kindred products • California
THIS AMENDMENT NO. 1 TO LOAN AND SECURITY AGREEMENT AND CONSENT (this “Amendment No. 1”), dated as of March 2, 2009, is by and among Wachovia Bank, National Association, a national banking association (“Lender”), Farmer Bros. Co., a Delaware corporation (as surviving corporation of the merger with FBC Realty, LLC formerly known as SL Realty, LLC, a Delaware limited liability company, “Farmer”) and Coffee Bean International, Inc., an Oregon corporation (“CBI” and together with Farmer, each individually a “Borrower” and collectively, “Borrowers”), Coffee Bean Holding Co., Inc., a Delaware corporation (“Coffee Holding”), FBC Finance Company, a California corporation (“Finance” and together with Coffee Holding, each individually a “Guarantor” and collectively, “Guarantors”).
FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND CONSENTLoan and Security Agreement and Consent • June 15th, 2006 • BlueLinx Holdings Inc. • Wholesale-lumber, plywood, millwork & wood panels • New York
THIS FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND CONSENT (this “Amendment”), dated as of June 9, 2006, is entered into by and among the financial institutions signatory hereto (each a “Lender” and collectively the “Lenders”), Wachovia Bank, National Association, successor by merger to Congress Financial Corporation (“Wachovia”), as administrative and collateral agent for the Lenders and for the Bank Product Providers (in such capacity, “Administrative and Collateral Agent”), Wachovia, as a co-lead arranger for the credit facility (in such capacity, a “Co-Lead Arranger”) and as a co-syndication agent for the credit facility (in such capacity, a “Co-Syndication Agent”), Bank of America, N.A., Wells Fargo Foothill, LLC, and JPMorgan Chase Bank, N.A., formerly known as JPMorgan Chase Bank, as documentation agents (in such capacities, each a “Documentation Agent” and collectively the “Documentation Agents”) and BlueLinx Corporation, a Georgia corporation (“Borrower”).
AMENDMENT NO. four TO Loan and Security Agreement and consentLoan and Security Agreement and Consent • December 16th, 2021 • Danimer Scientific, Inc. • Plastic materials, synth resins & nonvulcan elastomers
This Amendment No. Four to Loan and Security Agreement and Consent (this “Agreement”), dated as of December 15, 2021 (the “Amendment No. Four Effective Date”), is entered into among Danimer Scientific Holdings, LLC, a Delaware limited liability company (“Danimer Holdings”), Meredian Bioplastics, Inc., a Georgia corporation (“Meredian Bioplastics”; and together with Danimer Holdings, each a “Borrower” and collectively the “Borrowers”), Meredian, Inc., a Georgia corporation (“Meredian”), Danimer Scientific, L.L.C., a Georgia limited liability company “Danimer Scientific”), Danimer Bioplastics, Inc., a Georgia corporation (“Danimer Bioplastics”), Danimer Scientific Kentucky, Inc., a Delaware corporation (“Danimer Kentucky”; together with Meredian, Danimer Scientific, Danimer Bioplastics and with any other Person that at any time after the date hereof becomes a Guarantor, each a “Guarantor” and collectively, the “Guarantors”, and together with the Borrowers, the “Loan Parties”), the Lender
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT AND CONSENTLoan and Security Agreement and Consent • November 3rd, 2021 • Interpace Biosciences, Inc. • Surgical & medical instruments & apparatus
This First Amendment to Loan and Security Agreement and Consent (“Amendment”) is entered into as of November 1, 2021 between Interpace Biosciences, Inc., a Delaware corporation (“Parent”), Interpace Diagnostics Corporation, a Delaware corporation (“Diagnostics Corporation”), Interpace Diagnostics, LLC, a Delaware limited liability company (“Diagnostics”) and Interpace Pharma Solutions, Inc., a Delaware corporation (“Pharma Solutions”, and together with Parent, Diagnostics Corporation, and Diagnostics, the “Borrowers” and each individually a “Borrower”) and Comerica Bank (“Bank”).
TENTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND CONSENTLoan and Security Agreement and Consent • August 14th, 2020 • LIVE VENTURES Inc • Investors, nec • Georgia
THIS TENTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND CONSENT (this "Amendment") is made and entered into this 6th day of July, 2020, by and among MARQUIS AFFILIATED HOLDINGS LLC, a Delaware limited liability company ("Holdings"), MARQUIS INDUSTRIES, INC., a Georgia corporation, and successor by merger with A-O Industries, LLC, a Georgia limited liability company, Astro Carpet Mills, LLC, a Georgia limited liability company, Constellation Industries, LLC, a Georgia limited liability company, S F Commercial Properties, LLC, a Georgia limited liability company, and Lonesome Oak Trading Co., Inc., a Georgia corporation ("Marquis”, together with Holdings, collectively, the "Borrowers" and each, individually, a "Borrower") and BANK OF AMERICA, N.A., a national banking association (together with its successors and assigns, "Lender").
FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND CONSENTLoan and Security Agreement and Consent • September 1st, 2020 • Nortech Systems Inc • Electronic components, nec • Minnesota
THIS FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND CONSENT (this “Amendment”) is made and entered into effective as of August ___, 2020, by and between NORTECH SYSTEMS INCORPORATED, a Minnesota corporation (“Borrower”), and BANK OF AMERICA, N.A., a national banking association (together with its successors and assigns, the “Lender”).
AMENDMENT No. 1 TO LIMITED WAIVER TO LOAN AND SECURITY AGREEMENT AND CONSENTLoan and Security Agreement and Consent • August 3rd, 2007 • Planetout Inc • Services-business services, nec • California
This Amendment No. 1 to Limited Waiver to Loan and Security Agreement and Consent (this “Amendment”) is entered into this 29th day of June, 2007, by and among PlanetOut Inc., a Delaware corporation (“PlanetOut”), PlanetOut USA Inc. , a Delaware corporation (“PlanetOut USA”), LPI Media Inc., a Delaware corporation (“LPI”), SpecPub, Inc., a Delaware corporation (“SpecPub”), RSVP Productions, Inc., a Delaware corporation (“RSVP”), (PlanetOut, PlanetOut USA, LPI, SpecPub, and RSVP are collectively referred to herein as the “Borrowers” and individually as a “Borrower”), and ORIX Venture Finance LLC (“Lender”). Capitalized terms used herein without definition shall have the same meanings given them in the Loan Agreement (as defined below).
AMENDMENT NO. 2 TO LOAN AND SECURITY AGREEMENT AND CONSENTLoan and Security Agreement and Consent • November 9th, 2009 • Farmer Brothers Co • Miscellaneous food preparations & kindred products • California
THIS AMENDMENT NO. 2 TO LOAN AND SECURITY AGREEMENT AND CONSENT (this “Amendment No. 2”), dated as of July 27, 2009, is by and among Wachovia Bank, National Association, a national banking association (“Lender”), Farmer Bros. Co., a Delaware corporation (as surviving corporation of the merger with FBC Realty, LLC formerly known as SL Realty, LLC, a Delaware limited liability company, “Farmer”) and Coffee Bean International, Inc., an Oregon corporation (“CBI” and together with Farmer, each individually a “Borrower” and collectively, “Borrowers”), Coffee Bean Holding Co., Inc., a Delaware corporation (“Coffee Holding”), FBC Finance Company, a California corporation (“Finance” and together with Coffee Holding, each individually a “Guarantor” and collectively, “Guarantors”).
AMENDMENT NO. 1 TO LOAN AND SECURITY AGREEMENT AND CONSENTLoan and Security Agreement and Consent • March 22nd, 2013 • Primo Water Corp • Wholesale-groceries, general line • New York
TD BANK, N.A., in its capacity as agent (in such capacity, “Agent”) pursuant to the Loan Agreement (as hereinafter defined) acting for and on behalf of the Secured Parties (as defined in the Loan Agreement), the parties to the Loan Agreement as lenders (individually, each a “Lender” and, collectively, “Lenders”), PRIMO WATER CORPORATION, a corporation organized under the laws of the State of Delaware (“Parent”), PRIMO PRODUCTS, LLC, a limited liability company organized under the laws of the State of North Carolina (“Products”), PRIMO DIRECT, LLC, a limited liability company organized under the laws of the State of North Carolina (“Direct”), PRIMO REFILL, LLC, a limited liability company organized under the laws of the State of North Carolina (“Refill”), PRIMO ICE, LLC, a limited liability company organized under the laws of the State of North Carolina (“ICE”; and together with Parent, Products, Direct and Refill, each a “Borrower” and collectively, “Borrowers”), and PRIMO REFILL CANAD
AMENDMENT NO. 2 TO LOAN AND SECURITY AGREEMENT AND CONSENTLoan and Security Agreement and Consent • July 18th, 2011 • U.S. Silica Holdings, Inc. • New York
AMENDMENT NO. 2 TO LOAN AND SECURITY AGREEMENT AND CONSENT, dated as of May 7, 2010 (this “Amendment No. 2”), by and among Wells Fargo Bank, National Association, successor by merger to Wachovia Bank, National Association, a national banking association, in its capacity as agent for the Lenders (as hereinafter defined) pursuant to the Loan Agreement as defined below (in such capacity, “Agent”), the parties to the Loan Agreement as lenders (individually, each a “Lender” and collectively, “Lenders”), U.S. Silica Company, a Delaware corporation (the “Company”), the subsidiaries of the Company from time to time party to the Loan Agreement as borrowers (each individually, together with the Company, a “Borrower” and collectively, “Borrowers”), USS Holdings, Inc., a Delaware corporation (“Parent”) and certain subsidiaries of Parent from time to time party to the Loan Agreement as Guarantors (individually, each a “Guarantor” and collectively, “Guarantors”).
AMENDMENT NUMBER FIVE TO LOAN AND SECURITY AGREEMENT AND CONSENTLoan and Security Agreement and Consent • November 14th, 2005 • Phibro Animal Health Corp • Grain mill products • New York
THIS AMENDMENT NUMBER FIVE TO LOAN AND SECURITY AGREEMENT AND CONSENT (this “Amendment”), dated as of February 9, 2005, is entered into by and among PHIBRO ANIMAL HEALTH CORPORATION, a New York corporation (“Parent”), PHIBRO ANIMAL HEALTH U.S., INC., a Delaware corporation (“PAHUS”), PHIBRO ANIMAL HEALTH HOLDINGS, INC., a Delaware corporation (“Holdings”), PRINCE AGRIPRODUCTS, INC., a Delaware corporation (“Prince”), PHIBRO-TECH, INC. (“PTI”; together with Parent, PAHUS, Holdings, and Prince, the “Borrowers”), the lenders from time to time party to the Loan and Security Agreement referenced below (each a “Lender” and collectively, the “Lenders”), WELLS FARGO FOOTHILL, INC., a California corporation, as the arranger and administrative agent for the Lenders (“Agent”; and together with the Lenders, collectively the “Lender Group”), in light of the following:
SIXTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND CONSENTLoan and Security Agreement and Consent • March 27th, 2018 • Accelerize Inc. • Services-business services, nec
THIS SIXTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND CONSENT (this “Amendment”) is entered into as of January 25, 2018, by and between ACCELERIZE INC., a Delaware corporation (“Borrower”) and SAAS CAPITAL FUNDING II, LLC, a Delaware limited liability company (“Lender”).
AMENDMENT NO. 3 TO LOAN AND SECURITY AGREEMENT AND CONSENTLoan and Security Agreement and Consent • July 18th, 2011 • U.S. Silica Holdings, Inc. • New York
AMENDMENT NO. 3 TO LOAN AND SECURITY AGREEMENT AND CONSENT, dated as of June 8, 2011 (this “Amendment No. 3”), by and among Wells Fargo Bank, National Association, successor by merger to Wachovia Bank, National Association, a national banking association, in its capacity as agent for the Lenders (as hereinafter defined) pursuant to the Loan Agreement as defined below (in such capacity, “Agent”), the parties to the Loan Agreement as lenders (individually, each a “Lender” and collectively, “Lenders”), U.S. Silica Company, a Delaware corporation (the “Company”), the subsidiaries of the Company from time to time party to the Loan Agreement as borrowers (each individually, together with the Company, a “Borrower” and collectively, “Borrowers”), USS Holdings, Inc., a Delaware corporation (“Parent”) and certain subsidiaries of Parent from time to time party to the Loan Agreement as Guarantors (individually, each a “Guarantor” and collectively, “Guarantors”).
AMENDMENT NO. 3 TO LOAN AND SECURITY AGREEMENT AND CONSENTLoan and Security Agreement and Consent • November 13th, 2019 • Industrial Services of America Inc • Wholesale-misc durable goods • New York
This AMENDMENT NO. 3 TO LOAN AND SECURITY AGREEMENT AND CONSENT (this “Amendment”) is made as of September 30, 2019 (the "Effective Date"), by and among INDUSTRIAL SERVICES OF AMERICA, INC., a Florida corporation (“ISA”), 7124 GRADE LANE LLC, a Kentucky limited liability company (“7124 Grade Lane”), and 7200 GRADE LANE LLC, a Kentucky limited liability company (“7200 Grade Lane”; and together with ISA, and 7124 Grade Lane, each individually a “Borrower” and collectively, the “Borrowers”), and BANK OF AMERICA, N.A. (“Lender”).
FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND CONSENTLoan and Security Agreement and Consent • March 28th, 2005 • Synalloy Corp • Steel pipe & tubes
This FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND CONSENT (this "Amendment and Consent") is entered into as of January 31, 2005 by and among SYNALLOY CORPORATION, a Delaware corporation ("Parent"), and each of Parent's Subsidiaries identified on the signature pages hereof (such Subsidiaries, together with Parent, are referred to hereinafter each individually as a "Borrower," and individually and collectively, jointly and severally, as "Borrowers"), and WELLS FARGO FOOTHILL, INC., formerly known as Foothill Capital Corporation, a California corporation ("Lender").
THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT AND CONSENTLoan and Security Agreement and Consent • May 12th, 2008 • Nautilus, Inc. • Sporting & athletic goods, nec • California
THIS THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT AND CONSENT (this “Amendment”), dated as of May 5, 2008, is entered into by and among the financial institutions signatory hereto (each a “Lender” and collectively the “Lenders”), BANK OF AMERICA, N.A., as administrative agent for the Lenders (in such capacity, “Agent”), NAUTILUS, INC., a Washington corporation (“US Borrower”), NAUTILUS INTERNATIONAL S.A., a Swiss private share company (“Swiss Borrower”, and together with US Borrower, collectively, “Borrowers”).
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT AND CONSENTLoan and Security Agreement and Consent • November 1st, 2018 • Enservco Corp • Oil & gas field services, nec
THIS SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT AND CONSENT (this “Amendment and Consent”), is entered into as of October 26, 2018 (the “Effective Date”), by and among ENSERVCO CORPORATION, a Delaware corporation (“Parent”), DILLCO FLUID SERVICE, INC., a Kansas corporation, HEAT WAVES HOT OIL SERVICE LLC, a Colorado limited liability company, HEAT WAVES WATER MANAGEMENT LLC, a Colorado limited liability company (the foregoing, collectively with Parent, “Borrowers”), and EAST WEST BANK, a California banking corporation (“Lender”), with reference to the following facts:
AMENDMENT NO. 8 TO LOAN AND SECURITY AGREEMENT AND CONSENTLoan and Security Agreement and Consent • January 3rd, 2014 • Viasystems Group Inc • Printed circuit boards • New York
This AMENDMENT NO. 8 TO LOAN AND SECURITY AGREEMENT AND CONSENT, dated as of December 31, 2013 (this “Amendment No. 8”), is by and among Wells Fargo Capital Finance, LLC, successor by merger to Wachovia Capital Finance Corporation (New England), in its capacity as agent pursuant to the Loan Agreement defined below (in such capacity, “Agent”), the parties to the Loan Agreement as lenders (individually, each a “Lender” and collectively, “Lenders”), Viasystems Technologies Corp., L.L.C., a Delaware limited liability company (“Technologies”), Viasystems Corporation, an Oregon corporation formerly known as Merix Corporation (“Merix”), Viasystems Sales, Inc.., a Delaware corporation (“Viasystems Sales”), DDi Cleveland Holdings Corp., a Delaware corporation (“DDi Cleveland Holdings”), Coretec Building Inc., a Colorado corporation (“Coretec Building”), and Trumauga Properties, Ltd., an Ohio limited liability company, (“Trumauga” and together with Merix, Viasystems Sales, Technologies, DDi Clev
AMENDMENT NO. 2 TO LOAN AND SECURITY AGREEMENT AND CONSENTLoan and Security Agreement and Consent • March 16th, 2005 • Artesyn Technologies Inc • Electronic components, nec • Georgia
THIS AMENDMENT NO. 2 TO LOAN AND SECURITY AGREEMENT AND CONSENT (this “Amendment”) is made and entered into as of August 13, 2003, by and among ARTESYN TECHNOLOGIES, INC., a Florida corporation (“Technologies”); ARTESYN NORTH AMERICA, INC., a Delaware corporation (“North America”); ARTESYN COMMUNICATION PRODUCTS, INC., a Wisconsin corporation (“Communication Products”; Technologies, North America and Communication Products are hereinafter referred to collectively as “Borrowers” and individually as a “Borrower”); ARTESYN ASSET MANAGEMENT, INC., a Delaware corporation (“AAM”); REAL-TIME DIGITAL, INC., a New Jersey corporation (“RTD”); ARTESYN DELAWARE, INC., a Delaware corporation (“ADI”); AZCORE TECHNOLOGIES, INC., a Delaware corporation (“AzCore”); ARTESYN DELAWARE, LLC, a Delaware limited liability company (“Artesyn LLC”; AAM, RTD, ADI, AzCore and Artesyn LLC are hereinafter referred to collectively as “Guarantors” and individually as a “Guarantor”); and FLEET CAPITAL CORPORATION, a R
AMENDMENT NUMBER SIX TO LOAN AND SECURITY AGREEMENT AND CONSENTLoan and Security Agreement and Consent • November 14th, 2005 • Poster Financial Group Inc • Services-miscellaneous amusement & recreation • California
This AMENDMENT NUMBER SIX TO LOAN AND SECURITY AGREEMENT AND CONSENT (this “Amendment”) is entered into as of September 27, 2005, by the lenders identified on the signature pages hereof (the “Lenders”), WELLS FARGO FOOTHILL, INC., a California corporation (“Agent”; and together with the Lenders, the “Lender Group”), as the arranger and administrative agent for the Lenders, and POSTER FINANCIAL GROUP, INC., a Nevada corporation (“Parent”), and each of Parent’s Subsidiaries identified on the signature pages hereof (such Subsidiaries together with Parent are referred to hereinafter each individually as a “Borrower” and individually and collectively, jointly and severally, as the “Borrowers”), with reference to the following:
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT AND CONSENTLoan and Security Agreement and Consent • November 26th, 2004 • BlueLinx Holdings Inc. • Wholesale-lumber, plywood, millwork & wood panels • New York
THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT AND CONSENT (this “Amendment”), dated as of October 26, 2004, is entered into by and among the financial institutions signatory hereto (each a “Lender” and collectively the “Lenders”), Congress Financial Corporation, a Delaware corporation (“Congress”), as administrative and collateral agent for the Lenders and for the Bank Product Providers (in such capacity, “Administrative and Collateral Agent”) and Congress and Goldman Sachs Credit Partners, L.P., a Bermuda limited partnership (“GSCP”), as co-lead arrangers for the credit facility (in such capacities, each a “Co-Lead Arranger” and collectively the “Co-Lead Arrangers”) and as co-syndication agents for the credit facility (in such capacities, each a “Co-Syndication Agent” and collectively the “Co-Syndication Agents”), Bank of America, N.A., Wells Fargo Foothill, LLC, and JPMorgan Chase Bank as documentation agents (in such capacities, each a “Documentation Agent” and collectively th
AMENDMENT NO. 1 TO LOAN AND SECURITY AGREEMENT AND CONSENTLoan and Security Agreement and Consent • March 6th, 2019 • Industrial Services of America Inc • Wholesale-misc durable goods • New York
This AMENDMENT NO. 1 TO LOAN AND SECURITY AGREEMENT AND CONSENT (this “Amendment”) is made as of March 1, 2019, by and among INDUSTRIAL SERVICES OF AMERICA, INC., a Florida corporation (“ISA”), 7124 GRADE LANE LLC, a Kentucky limited liability company (“7124 Grade Lane”), and 7200 GRADE LANE LLC, a Kentucky limited liability company (“7200 Grade Lane”; and together with ISA, and 7124 Grade Lane, each individually a “Borrower” and collectively, the “Borrowers”), and BANK OF AMERICA, N.A. (“Lender”).
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT AND CONSENTLoan and Security Agreement and Consent • December 27th, 2002 • En Pointe Technologies Inc • Wholesale-computers & peripheral equipment & software • California
THIS SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT AND CONSENT (this "Amendment"), dated as of October 9, 2002, is entered into by and between FOOTHILL CAPITAL CORPORATION, a California corporation, as agent (in such capacity, "Agent") for the Lenders (defined below), and EN POINTE TECHNOLOGIES SALES, INC., a Delaware corporation ("Borrower").
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT AND CONSENTLoan and Security Agreement and Consent • May 10th, 2022 • Interpace Biosciences, Inc. • Surgical & medical instruments & apparatus
This First Amendment to Loan and Security Agreement and Consent (this “Amendment”) is entered into as of May 5, 2022 between INTERPACE BIOSCIENCES, INC., a Delaware corporation (“Parent”), INTERPACE DIAGNOSTICS CORPORATION, a Delaware corporation (“Diagnostics Corporation”), INTERPACE DIAGNOSTICS, LLC, a Delaware limited liability company (“Diagnostics”), and INTERPACE PHARMA SOLUTIONS, INC., a Delaware corporation (“Pharma Solutions” and, together with Parent, Diagnostics Corporation and Diagnostics, the “Borrowers” and each individually a “Borrower”) and BROADOAK FUND V, L.P. (“Lender”).
AMENDMENT NO. TWO TO Loan and Security Agreement and consentLoan and Security Agreement and Consent • March 24th, 2021 • Danimer Scientific, Inc. • Plastic materials, synth resins & nonvulcan elastomers
This Amendment No. Two to Loan and Security Agreement and Consent (this “Agreement”), dated as of December 22, 2020 (the “Effective Date”), is entered into among Danimer Scientific Holdings, LLC, a Delaware limited liability company (“Danimer Holdings”), Meredian Bioplastics, Inc., a Georgia corporation (“Meredian Bioplastics”; and together with Danimer Holdings, each a “Borrower” and collectively the “Borrowers”), Meredian, Inc., a Georgia corporation (“Meredian”), Danimer Scientific, L.L.C., a Georgia limited liability company “Danimer Scientific”), Danimer Bioplastics, Inc., a Georgia corporation (“Danimer Bioplastics”), Danimer Scientific Kentucky, Inc., a Delaware corporation (“Danimer Kentucky”; together with Meredian, Danimer Scientific, Danimer Bioplastics and with any other Person that at any time after the date hereof becomes a Guarantor, each a “Guarantor” and collectively, the “Guarantors”, and together with the Borrowers, the “Loan Parties”), the several entities from time
ContractLoan and Security Agreement and Consent • May 13th, 2009 • Mips Technologies Inc • Semiconductors & related devices • California
FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND CONSENTLoan and Security Agreement and Consent • April 2nd, 2007 • Peninsula Gaming Corp. • Services-racing, including track operation • New York
This FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND CONSENT (this “Amendment”) is entered into as of December 22, 2006, among DIAMOND JO, LLC (formerly known as Peninsula Gaming Company, LLC), a Delaware limited liability company (“DJL”), THE OLD EVANGELINE DOWNS, L.L.C., a Louisiana limited liability company (“OED”, and together with DJL, referred to hereinafter each individually as a “Borrower”, and individually and collectively, as “Borrowers”), the Lenders (as defined in the hereinafter defined Loan Agreement) signatories hereto, and WELLS FARGO FOOTHILL, INC., a California corporation, as the arranger and agent for the Lenders (“Agent”).
TENTH AMENDMENT AND JOINDER TO LOAN AND SECURITY AGREEMENT AND CONSENTLoan and Security Agreement and Consent • April 2nd, 2021 • FinServ Acquisition Corp. • Services-equipment rental & leasing, nec
This Tenth Amendment to Loan and Security Agreement (this “Amendment”) is entered into this 13th day of January, 2021, by and among (a) KATAPULT SPV-1 LLC, a Delaware limited liability company (“Borrower”), (b) KATAPULT GROUP, INC., a Delaware corporation (“Holdings”), (c) KATAPULT HOLDINGS, INC., a Delaware corporation (“Parent Entity”), (d) MIDTOWN MADISON MANAGEMENT LLC, a Delaware limited liability company, as administrative, payment and collateral agent for each of the Lenders (in such capacities, “Agent”) and (d) each of the Lenders party hereto.
FIRST AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT AND CONSENTLoan and Security Agreement and Consent • July 1st, 2011 • Pc Mall Inc • Retail-catalog & mail-order houses • California
THIS FIRST AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT AND CONSENT (this “Amendment”), dated as of June 28, 2011, is entered into among PC MALL, INC., a Delaware corporation (“PC Mall”), PC MALL SALES, INC., a California corporation, AF SERVICES, LLC, a Delaware limited liability company, PC MALL GOV, INC., a Delaware corporation, M2 MARKETPLACE, INC., a Delaware corporation, formerly known as Onsale, Inc. (“Old OnSale”), AV ACQUISITION, INC., a Delaware corporation, MALL ACQUISITION 3, INC., a Delaware corporation (“Mall 3”), MALL ACQUISITION SUB 4 INC., a Delaware corporation, MALL ACQUISITION SUB 5 INC., a Delaware corporation, PC MALL SERVICES, INC., a Delaware corporation, OSRP, LLC, a Delaware limited liability company and SARCOM, INC., a Delaware corporation, jointly and severally as co-borrowers (each a “Borrower” and collectively “Borrowers”), WELLS FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company, as agent (in such capacity, “Agent”) a
AMENDMENT NO. FIVE TO LOAN AND SECURITY AGREEMENT AND CONSENTLoan and Security Agreement and Consent • March 20th, 2023 • Danimer Scientific, Inc. • Plastic materials, synth resins & nonvulcan elastomers
This Amendment No. Five to Loan and Security Agreement and Consent (this “Agreement”), dated as of March 16, 2023 (the “Amendment No. Five Effective Date”), is entered into among Danimer Scientific Holdings, LLC, a Delaware limited liability company (“Danimer Holdings”), Meredian Bioplastics, Inc., a Georgia corporation (“Meredian Bioplastics”; and together with Danimer Holdings, each a “Borrower” and collectively the “Borrowers”), Meredian, Inc., a Georgia corporation (“Meredian”), Danimer Scientific, L.L.C., a Georgia limited liability company “Danimer Scientific”), Danimer Bioplastics, Inc., a Georgia corporation (“Danimer Bioplastics”), Danimer Scientific Kentucky, Inc., a Delaware corporation (“Danimer Kentucky”), and Novomer, Inc., a Delaware corporation (“Novomer”; together with Meredian, Danimer Scientific, Danimer Bioplastics, Danimer Kentucky and with any other Person that at any time after the date hereof becomes a Guarantor, each a “Guarantor” and collectively, the “Guarant
FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND CONSENTLoan and Security Agreement and Consent • November 10th, 2014 • EGAIN Corp • Services-prepackaged software
This Fifth Amendment to Loan and Security Agreement and Consent (this “Amendment”) is entered into as of September 16, 2014, between COMERICA BANK (“Bank”) and eGAIN CORPORATION, a Delaware corporation, formerly known as eGain Communications Corporation (“Borrower”).
AMENDMENT NUMBER TWO TO LOAN AND SECURITY AGREEMENT AND CONSENTLoan and Security Agreement and Consent • August 7th, 2006 • Paincare Holdings Inc • Services-misc health & allied services, nec • New York
THIS AMENDMENT NUMBER TWO TO LOAN AND SECURITY AGREEMENT AND CONSENT (this “Amendment”), dated as of August 2, 2006, is entered into by and among PAINCARE HOLDINGS, INC., a Florida corporation (“Parent”), and each of Parent’s Subsidiaries identified on the signature pages hereof (such Subsidiaries are referred to hereinafter each individually as a “Borrower”, and individually and collectively, jointly and severally, as the “Borrowers”), each of the lenders that is a signatory to this Amendment (together with their respective successors and permitted assigns, individually, “Lender” and, collectively, “Lenders”), and HBK INVESTMENTS L.P., a Delaware limited partnership, 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 each of the Lenders, individually and collectively, the “Lender Group”), in light of the following:
AMENDMENT NO. THREe TO Loan and Security Agreement and consentLoan and Security Agreement and Consent • March 24th, 2021 • Danimer Scientific, Inc. • Plastic materials, synth resins & nonvulcan elastomers
This Amendment No. Three to Loan and Security Agreement and Consent (this “Agreement”), dated as of March 18, 2021 (the “Amendment No. Three Effective Date”), is entered into among Danimer Scientific Holdings, LLC, a Delaware limited liability company (“Danimer Holdings”), Meredian Bioplastics, Inc., a Georgia corporation (“Meredian Bioplastics”; and together with Danimer Holdings, each a “Borrower” and collectively the “Borrowers”), Meredian, Inc., a Georgia corporation (“Meredian”), Danimer Scientific, L.L.C., a Georgia limited liability company “Danimer Scientific”), Danimer Bioplastics, Inc., a Georgia corporation (“Danimer Bioplastics”), Danimer Scientific Kentucky, Inc., a Delaware corporation (“Danimer Kentucky”; together with Meredian, Danimer Scientific, Danimer Bioplastics and with any other Person that at any time after the date hereof becomes a Guarantor, each a “Guarantor” and collectively, the “Guarantors”, and together with the Borrowers, the “Loan Parties”), the several
