Exhibit 4.(a)4 Amended and Restated Secured Note Purchase Agreement. dated November 11, 2004Secured Note Purchase Agreement • March 31st, 2005 • Eci Telecom LTD/ • Telephone & telegraph apparatus • New York
SECURED NOTE PURCHASE AGREEMENTSecured Note Purchase Agreement • May 19th, 2023 • TILT Holdings Inc. • Cigarettes • Arizona
This Secured Note Purchase Agreement (this “Agreement”), dated as of May 15, 2023, is entered into among JIMMY JANG, L.P., a Delaware limited partnership (“Jimmy Jang”), BAKER TECHNOLOGIES, INC., a Delaware corporation (“Baker”), COMMONWEALTH ALTERNATIVE CARE, INC., a Massachusetts corporation (“CAC”), JUPITER RESEARCH, LLC, an Arizona limited liability company (“Jupiter”), and each of the undersigned parties executing this agreement as a Borrower (collectively, with their respective successors and assigns, and together with Jimmy Jang, Baker, CAC and Jupiter, collectively, the “Borrowers” and each a “Borrower”), TILT HOLDINGS INC., a British Columbia corporation (the “Parent”), JORDAN GEOTAS, as noteholder representative (the “Noteholder Representative”) on behalf of the purchasers (each, individually a “Purchaser,” and collectively, the “Purchasers”) named on the Schedule of Purchasers attached hereto as Schedule 1 (the “Schedule of Purchasers”). For greater certainty, the term “Purc
EUNIVERSE, INC. SECURED NOTE PURCHASE AGREEMENTSecured Note Purchase Agreement • August 22nd, 2003 • Euniverse Inc • Retail-record & prerecorded tape stores • California
This Secured Note Purchase Agreement (the “Agreement”) is made this 15th day of July, 2003 (the “Effective Date”) by and between eUniverse, Inc., a Delaware corporation (the “Company”), and VP Alpha Holdings IV, L.L.C. (the “Purchaser”).
HCW BIOLOGICS INC. SENIOR SECURED NOTE PURCHASE AGREEMENTSecured Note Purchase Agreement • May 15th, 2024 • HCW Biologics Inc. • Pharmaceutical preparations • New York
This Senior Secured Note Purchase Agreement (this “Agreement”) is made as of March 28, 2024 (the “Closing Date”) by and between HCW Biologics Inc., a Delaware corporation (the “Company”), and each of the purchasers listed on Exhibit B attached to this Agreement (each a “Purchaser” and together the “Purchasers”).
Secured Note Purchase AgreementSecured Note Purchase Agreement • December 9th, 2020
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MEDICALCV, INC. SECURED NOTE PURCHASE AGREEMENT June 15, 2007Secured Note Purchase Agreement • June 15th, 2007 • Medicalcv Inc • Surgical & medical instruments & apparatus • Minnesota
THIS SECURED NOTE PURCHASE AGREEMENT (the “Agreement”) is entered into effective as of the 15th day of June, 2007 (the “Effective Date”), by and among MedicalCV, Inc., a Minnesota corporation (the “Company”) and the holders listed under “Second Closing” on Schedule 1.0 hereto (each a “Holder” and collectively the “Holders”), as part of the second closing of the 2007 Secured Notes.
MEDICALCV, INC. SECURED NOTE PURCHASE AGREEMENT April 20, 2007Secured Note Purchase Agreement • April 20th, 2007 • Medicalcv Inc • Surgical & medical instruments & apparatus • Minnesota
THIS SECURED NOTE PURCHASE AGREEMENT (the “Agreement”) is entered into effective as of the 20th day of April, 2007 (the “Effective Date”), by and among MedicalCV, Inc., a Minnesota corporation (the “Company”), and the holders listed on Schedule 1.0 hereto (each a “Holder” and collectively the “Holders”).
AMENDMENT NO. 1 Dated as of May 8, 2012 to AMENDED AND RESTATED SENIOR SECURED NOTE PURCHASE AGREEMENT Dated as of February 10, 2011Secured Note Purchase Agreement • May 9th, 2012 • Encore Capital Group Inc • Short-term business credit institutions • New York
THIS AMENDMENT NO. 1 (“Amendment”) is made as of May 8, 2012 by and among Encore Capital Group, Inc. (the “Company”), the undersigned holders of Notes (the “Noteholders”) and, solely for purpose of Section 1 of this Amendment, SunTrust Bank (“SunTrust”), as, on and after the Amendment No. 1 Effective Date, collateral agent (the “Collateral Agent”) under that certain Intercreditor Agreement, dated as of September 20, 2010, by and among the Noteholders and JPMorgan Chase Bank, N.A. (“JPMorgan”), as, prior to the Amendment No. 1 Effective Date, collateral agent and administrative agent thereunder and, for purpose of certain provisions thereof, the Company and the other Credit Parties (as amended, supplemented or otherwise modified from time to time, the “Intercreditor Agreement”). Reference is made to that certain Amended and Restated Senior Secured Note Purchase Agreement, dated as of February 10, 2011, between the Company, on the one hand, and the Purchasers named therein, on the other
FORM OF SECURED NOTE PURCHASE AGREEMENTSecured Note Purchase Agreement • September 30th, 2002 • Alliance Pharmaceutical Corp • In vitro & in vivo diagnostic substances • New York
THIS AGREEMENT (this "Agreement") is made as of July 23, 2002, by and among ALLIANCE PHARMACEUTICAL CORP., a New York corporation (the "Company"), [ ], a [ ] and [ ], a [ ] (together, the "Purchasers").
NEXT FRONTIER PHARMACEUTICAL, Inc. Secured NOTE Purchase AgreementSecured Note Purchase Agreement • December 14th, 2021 • Jupiter Wellness, Inc. • Perfumes, cosmetics & other toilet preparations • New York
This Secured Note Purchase Agreement (this “Agreement”) is made as of December __, 2021 (the “Effective Date”) by and among Next Frontier Pharmaceuticals, Inc., a Delaware corporation (the “Company”), the undersigned purchaser (the “Purchaser”).
AMENDMENT NO. 3 Dated as of August 1, 2014 to SECOND AMENDED AND RESTATED SENIOR SECURED NOTE PURCHASE AGREEMENT Dated as of May 9, 2013Secured Note Purchase Agreement • August 7th, 2014 • Encore Capital Group Inc • Short-term business credit institutions • New York
THIS AMENDMENT NO. 3 (“Amendment”) is made as of August 1, 2014 by and among Encore Capital Group, Inc. (the “Company”) and the undersigned holders of Notes (the “Noteholders”). Reference is made to that certain Second Amended and Restated Senior Secured Note Purchase Agreement, dated as of May 9, 2013, between the Company, on the one hand, and the Purchasers named therein, on the other hand (as amended by that certain Amendment No. 1 to Second Amended and Restated Senior Secured Note Purchase Agreement, dated as of May 29, 2013 and that certain Amendment No. 2 to Second Amended and Restated Senior Secured Note Purchase Agreement, dated as of February 25, 2014, as the same may be further amended, supplemented or otherwise modified from time to time, the “Note Agreement”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings given to them in the Note Agreement.
AMENDMENT TO SECURED NOTE PURCHASE AGREEMENTSecured Note Purchase Agreement • June 15th, 2007 • Medicalcv Inc • Surgical & medical instruments & apparatus
This Amendment to the Secured Note Purchase Agreement (this “Amendment”) made and entered into on June 15, 2007, amends that certain Secured Note Purchase Agreement by and between MedicalCV, Inc. (the “Company”) and Whitebox Ready Ltd., dated April 20, 2007. Unless modified herein, all other terms and provisions of the Secured Note Purchase Agreement shall remain in full force and effect and unmodified hereby. Capitalized terms not otherwise defined herein shall have the meanings assigned to them in the Secured Note Purchase Agreement.
ContractSecured Note Purchase Agreement • May 5th, 2020 • New York
EX-10.37 3 ex10-37.htm EXHIBIT 10.37 Exhibit 10.37 [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. Secured Note Purchase Agreement This Secured Note Purchase Agreement (this “Agreement”) is made as of September 2, 2011 (the “Effective Date”) by and between Cardica, Inc., a Delaware corporation (the “Company”), and Century Medical, Inc., a Japanese corporation, or its assigns (the “Purchaser”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings given to them in the secured promissory note evidencing the Loan (as defined below) in substantially the form attached hereto as Exhibit A (the “Note) and the security agreement substantially in the form attached hereto as Exhibit B, pursuant to which the Company shall grant the Purchaser a security intere
12% SECURED NOTE PURCHASE AGREEMENTSecured Note Purchase Agreement • October 19th, 2005 • China Granite Corp • Blank checks • Florida
THIS 12% SECURED NOTE PURCHASE AGREEMENT, dated as of October 5, 2005 (this "Agreement"), is entered into by and among CHINA GRANITE CORPORATION, a Nevada corporation (the "Company") and ____________________________,(the "Purchaser").
Secured Note Purchase AgreementSecured Note Purchase Agreement • November 9th, 2011 • Cardica Inc • Surgical & medical instruments & apparatus • New York
This Secured Note Purchase Agreement (this “Agreement”) is made as of September 2, 2011 (the “Effective Date”) by and between Cardica, Inc., a Delaware corporation (the “Company”), and Century Medical, Inc., a Japanese corporation, or its assigns (the “Purchaser”).
AMENDMENT NO. 2 TO SENIOR SECURED NOTE PURCHASE AGREEMENTSecured Note Purchase Agreement • April 23rd, 2024 • Golden Arrow Merger Corp. • Industrial organic chemicals • New York
THIS AMENDMENT NO. 2 TO SENIOR SECURED NOTE PURCHASE AGREEMENT, dated as of April 3, 2024 (this “Amendment”), is by and between BOLT THREADS, INC., a Delaware corporation (the “Company” or “Issuer”), and GINKGO BIOWORKS, INC. (“Ginkgo”), as investor (the “Investor”).
Hellenic Solutions, Corporation Secured Note Purchase AgreementSecured Note Purchase Agreement • March 28th, 2011 • Hellenic Solutions Corp • Heavy construction other than bldg const - contractors • Texas
This Secured Note Purchase Agreement (the “Agreement”) is made as of March 23, 2011 (the “Effective Date”) by and among Hellenic Solutions, Corporation, a Cayman Island Exempt Company (the “Company”), and Access America Fund, LP, a Delaware Limited Partnership
ALLARITY THERAPEUTICS, INC. FIRST AMENDMENT TO SECURED NOTE PURCHASE AGREEMENTSecured Note Purchase Agreement • April 12th, 2023 • Allarity Therapeutics, Inc. • Pharmaceutical preparations
This First Amendment to Secured Note Purchase Agreement (this “Agreement”) dated as of April 10, 2023 (the “Effective Date”) is entered into by and between Allarity Therapeutics, Inc. (the “Company”) and 3i, LP, a Delaware limited liability partnership (the “Investor”).
ANESIVA, INC. SECURED NOTE PURCHASE AGREEMENTSecured Note Purchase Agreement • May 22nd, 2009 • Anesiva, Inc. • Pharmaceutical preparations • California
THIS SECURED NOTE PURCHASE AGREEMENT (this “Agreement”) is made as of the 18th day of May, 2009 (the “Effective Date”), by and between Anesiva, Inc., a Delaware corporation (the “Company”), and Arcion Therapeutics, Inc. (together with its successors and assignees, “Investor”).
Re: Amendment to Secured Note Purchase AgreementSecured Note Purchase Agreement • November 9th, 2017 • Dextera Surgical Inc • Surgical & medical instruments & apparatus
Reference is made to the Secured Note Purchase Agreement (“Note Purchase Agreement”) of September 2, 2011 between Dextera Surgical Inc. (then named Cardica, Inc.) and Century Medical, Inc. (“CMI”). All capitalized terms not otherwise defined herein shall have the meanings contained in the Note Purchase Agreement.
FIRST AMENDMENT TO SECURED NOTE PURCHASE AGREEMENTSecured Note Purchase Agreement • November 16th, 2009 • Anesiva, Inc. • Pharmaceutical preparations • California
This FIRST AMENDMENT TO SECURED NOTE PURCHASE AGREEMENT, dated as of September 17, 2009 (this “Amendment”), is entered into among the undersigned in connection with the SECURED NOTE PURCHASE AGREEMENT, dated as of May 18, 2009 (the “Secured Note Purchase Agreement”), by and among Anesiva, Inc., a Delaware corporation (the “Company”) and Arcion Therapeutics, Inc. (“Investor”). Terms which are capitalized in this Amendment and not otherwise defined shall have the meanings ascribed to such terms in the Secured Note Purchase Agreement.
ALLARITY THERAPEUTICS, INC. SECURED NOTE PURCHASE AGREEMENTSecured Note Purchase Agreement • November 25th, 2022 • Allarity Therapeutics, Inc. • Pharmaceutical preparations • Delaware
This Secured Note Purchase Agreement dated as of November 22, 2022 (this “Agreement”), is entered into by and among Allarity Therapeutics, Inc. (the “Company”), and the entity listed on the schedule of investors attached hereto as Schedule I (the “Investor”).
AMENDMENT NO. 2 Dated as of November 5, 2012 to AMENDED AND RESTATED SENIOR SECURED NOTE PURCHASE AGREEMENT Dated as of February 10, 2011Secured Note Purchase Agreement • November 7th, 2012 • Encore Capital Group Inc • Short-term business credit institutions • New York
THIS AMENDMENT NO. 2 (“Amendment”) is made as of November 5, 2012 by and among Encore Capital Group, Inc. (the “Company”) and the undersigned holders of Notes (the “Noteholders”). Reference is made to that certain Amended and Restated Senior Secured Note Purchase Agreement, dated as of February 10, 2011, between the Company, on the one hand, and the Purchasers named therein, on the other hand (as amended, supplemented or otherwise modified from time to time, the “Note Agreement”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings given to them in the Note Agreement.
first AMENDMENT TO SECURED NOTE PURCHASE AGREEMENTSecured Note Purchase Agreement • February 16th, 2023 • TILT Holdings Inc. • Cigarettes • Arizona
This FIRST AMENDMENT TO SECURED NOTE PURCHASE AGREEMENT (this “Amendment”) is entered into as of February 15, 2023, by and among JIMMY JANG, L.P., a Delaware limited partnership, BAKER TECHNOLOGIES, INC., a Delaware corporation, COMMONWEALTH ALTERNATIVE CARE, INC., a Massachusetts corporation, JUPITER RESEARCH, LLC, an Arizona limited liability company (collectively, the “Borrowers” and each a “Borrower”), TILT HOLDINGS INC., a British Columbia corporation (the “Parent”), JORDAN GEOTAS, as noteholder representative (the “Noteholder Representative”) on behalf of the Purchasers and AP Noteholders, and each of the Purchasers and AP Noteholders.
SECURED NOTE PURCHASE AGREEMENTSecured Note Purchase Agreement • February 28th, 2011 • China Growth CORP • Blank checks • Texas
THIS SECURED NOTE PURCHASE AGREEMENT (the "Agreement") is made as of May 2010 (the "Effective Date") by and among JIANGMEN WEALTH ENVIRONMENT PROTECTION CO., LTD, a China Corporation (the "Company"), and CHINA GROWTH INC., a Cayman Island Corporation (the "Lender''), Access America Fund, LP ("AAF'), and Mr. Mingzhuo Tan, Ms. Hongyu Du and Ms. Jiangjun Pan, the individual shareholders of the Company (the "Shareholders").
AMENDMENT NO. 1 Dated as of August 17, 2021 to FOURTH AMENDED AND RESTATED SENIOR SECURED NOTE PURCHASE AGREEMENT Dated as of September 1, 2020Secured Note Purchase Agreement • November 3rd, 2021 • Encore Capital Group Inc • Short-term business credit institutions • New York
THIS AMENDMENT NO. 1 (“Amendment”) is made as of August 17, 2021 by and among Encore Capital Group, Inc. (the “Company”) and the undersigned holders of Notes (the “Noteholders”). Reference is made to that certain Fourth Amended and Restated Senior Secured Note Purchase Agreement, dated as of September 1, 2020, between the Company, on the one hand, and the Purchasers named therein, on the other hand (the “Note Agreement”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings given to them in the Note Agreement.
