Lenders and Commitments. Schedule 1.1 of the Loan and Security Agreement, the Schedules of Lenders and Commitments, is hereby amended and restated in its entirety with Annex A hereto.
Lenders and Commitments. 5.11 Corporate Structure; Capital Stock
Lenders and Commitments. Commitment Lender Commitment Percentage ------ ------------- ---------- Silicon Valley Bank $1,250,000.00 15.625% Gold Hill Venture Lending 03, L.P. $6,750,000.00 84.375% ------------- ------ TOTAL $8,000,000.00 100.00% ============= ====== EXHIBIT A The Collateral consists of all right, title and interest of Borrower in and to the following: All goods, equipment, inventory, contract rights or rights to payment of money, license agreements, franchise agreements, general intangibles (including payment intangibles), accounts (including health-care receivables), documents, instruments (including any promissory notes), chattel paper (whether tangible or electronic), cash, deposit accounts, fixtures, letters of credit rights (whether or not the letter of credit is evidenced by a writing), commercial tort claims, securities, and all other investment property supporting obligations, and financial assets, whether now owned or hereafter acquired, wherever located; and All Borrower's Books relating to the foregoing and any and all claims, rights and interests in any of the above and all substitutions for, additions, attachments, accessories, accessions and improvements to and replacements, products, proceeds and insurance proceeds of any or all of the foregoing. The Collateral does not include: Any Copyright rights, Copyright applications, Copyright registrations, Mask Works, and like protections in each work of authorship and derivative work, whether published or unpublished, now owned or later acquired; any Patents, Trademarks, service marks and applications therefor; any trade secret rights, including any rights to unpatented inventions, now owned or hereafter acquired. Notwithstanding the foregoing, the Collateral shall include all accounts, license and royalty fees and other revenues, proceeds, or income arising out of or relating to any of the foregoing. EXHIBIT B LOAN PAYMENT/ADVANCE REQUEST FORM DEADLINE FOR SAME DAY PROCESSING IS 12:00 P.S.T.
Lenders and Commitments. Second Lien Term Loan Facility Lender Second Lien Term Loan Commitment on Closing Date Credit Suisse $ 75,000,000 TOTAL COMMITMENT $ 75,000,000 SCHEDULE 3.08
Lenders and Commitments. Term A Loans Lender Term Loan Commitment Commitment Percentage OXFORD FINANCE LLC $25,000,000.00 100.00% TOTAL $25,000,000.00 100.00% Term B Loans Lender Term Loan Commitment Commitment Percentage OXFORD FINANCE LLC $20,000,000.00 100.00% TOTAL $20,000,000.00 100.00% Aggregate (all Term Loans) Lender Term Loan Commitment Commitment Percentage OXFORD FINANCE LLC $45,000,000.00 100.00% TOTAL $45,000,000.00 100.00%
Lenders and Commitments. 1.1(a) Existing Letters of Credit
Lenders and Commitments. Term Loans Lender Term Loan Commitment Commitment Percentage Oxford Finance LLC $ 15,000,000 100.00 % TOTAL $ 15,000,000 100.00 % EXHIBIT A The Collateral consists of all of each Borrower’s right, title and interest in and to the following personal property: All of such Borrower’s present and after acquired personal property including, without limitation, goods, Accounts (including health-care receivables), Equipment, Inventory, contract rights or rights to payment of money, leases, license agreements, franchise agreements, General Intangibles, commercial tort claims, documents, instruments (including any promissory notes), chattel paper (whether tangible or electronic), cash, deposit accounts, all certificates of deposit, fixtures, letters of credit rights (whether or not the letter of credit is evidenced by a writing), securities, and all other investment property, supporting obligations, and financial assets, whether now owned or hereafter acquired, wherever located; and All Borrower’s Books relating to the foregoing, and any and all claims, rights and interests in any of the above and all substitutions for, additions, attachments, accessories, accessions and improvements to and replacements, products, proceeds and insurance proceeds of any or all of the foregoing. Notwithstanding the foregoing, the Collateral does not include:
Lenders and Commitments. 5.10 Unencumbered Properties
Lenders and Commitments. (a) The Lenders hereby agree that, as of the date hereof, each Lender’s Commitment is as set forth on Schedule 1 attached hereto.
Lenders and Commitments. Term A Loan Lender Term Loan Commitment Commitment Percentage Oxford Finance LLC $20,000,000.00 100.00% TOTAL $20,000,000.00 100.00% Term B Loan Lender Term Loan Commitment Commitment Percentage Oxford Finance LLC $7,500,000.00 100.00% TOTAL $7,500,000.00 100.00% Term C Loan Lender Term Loan Commitment Commitment Percentage Oxford Finance LLC $2,500,000.00 100.00% TOTAL $2,500,000.00 100.00% Aggregate Lender Term Loan Commitment Commitment Percentage Oxford Finance LLC $30,000,000.00 100.00% TOTAL $30,000,000.00 100.00% ANNEX I Loan Payment/Advance Request Form DISBURSEMENT LETTER January 23, 2012 The undersigned, being the duly elected and acting Vice President, Finance and Chief Financial Officer of LIGAND PHARMACEUTICALS INCORPORATED (“Borrower”), certifies on behalf of all Borrowers to OXFORD FINANCE LLC (“Oxford” and “Lender”), as collateral agent (the “Collateral Agent”) in connection with that certain Loan and Security Agreement dated January 24, 2011 by and between Borrowers and Oxford, as a Lender and Collateral Agent (as amended from time to time, including by that certain Fourth Amendment to Loan and Security Agreement (the “Fourth Amendment”) dated as of even date herewith, the “Loan Agreement”; with other capitalized terms used below having the meanings ascribed thereto in the Loan Agreement) that:
