Common use of MIDCAP FUNDING Clause in Contracts

MIDCAP FUNDING. X TRUST, a Delaware statutory trust, as successor-by-assignment from MidCap Financial Trust By: Apollo Capital Management, L.P., its investment manager By: Apollo Capital Management GP, LLC, its general partner By: /s/ Xxxxxxx Xxxxxxxx (SEAL) Name: Xxxxxxx Xxxxxxxx Title: Authorized Signatory Agent’s Signature Page to First Amendment to Intercreditor Agreement TERM NOTE PURCHASER: XXXXXXX INVESTMENT GROUP, LLC By: /s/ Xxxxxxx X. Xxxxx (SEAL) Name: Xxxxxxx X. Xxxxx Title: Chief Financial Officer PARENT: STAFFING 360 SOLUTIONS, INC., a Delaware corporation By: /s/ Xxxxxxx Xxxxx (Seal) Name: Xxxxxxx Xxxxx Title: President and Chief Executive Officer SUBSIDIARIES: MONROE STAFFING SERVICES, LLC, a Delaware limited liability company By: /s/ Xxxxxxx Xxxxx (Seal) Name: Xxxxxxx Xxxxx Title: President and Chief Executive Officer FARO RECRUITMENT AMERICA, INC., a New York corporation By /s/ Brendan Chairman (Seal) Name: Brendan Chairman Title: President and Chief Executive Officer LIGHTHOUSE PLACEMENT SERVICES, INC., a Massachusetts corporation By /s/ Xxxxx Xxxxxx (Seal) Name: Xxxxx Xxxxxx Title: Secretary and Treasurer STAFFING 360 GEORGIA, LLC, a Georgia limited liability company By: /s/ Xxxxxxx Xxxxx (Seal) Name: Xxxxxxx Xxxxx Title: President and Chief Executive Officer KEY RESOURCES, INC., a North Carolina corporation By: /s/ Xxxxxxx Xxxxx (Seal) Name: Xxxxxxx Xxxxx Title: President and Chief Executive Officer

MIDCAP FUNDING. X IV TRUST, a Delaware statutory trust, as successor-by-assignment from MidCap Financial Funding X Trust By: Apollo Capital Management, L.P., its investment manager By: Apollo Capital Management GP, LLC, its general partner By: /s/ Xxxxxxx Xxxxxxxx ______________(SEAL) Name: Xxxxxxx Xxxxxxxx Title: Authorized Signatory Agent’s Signature Page to First Amendment to Intercreditor Agreement 5 TERM NOTE PURCHASER: XXXXXXX INVESTMENT GROUP, LLC By: /s/ Xxxxxxx X. Xxxxx Jackson______________ (SEAL) Name: Xxxxxxx X. Xxxxx Xxxxxxx Title: Chief Financial Executive Officer Term Note Purchaser’s Signature Page to Third Amendment to Intercreditor Agreement 5 PARENT: STAFFING 360 SOLUTIONS, INC., a Delaware corporation By: /s/ Xxxxxxx Xxxxx (SealBrendan Flood___________(Seal) Name: Xxxxxxx Xxxxx Title: President Chairman and Chief Executive Officer SUBSIDIARIES: MONROE STAFFING SERVICES, LLC, a Delaware limited liability company By: /s/ Xxxxxxx Xxxxx (SealBrendan Flood___________(Seal) Name: Xxxxxxx Xxxxx Title: President Chairman and Chief Executive Officer FARO RECRUITMENT AMERICA, INC., a New York corporation By By: /s/ Brendan Chairman (SealFlood___________(Seal) Name: Brendan Chairman Xxxxxxx Xxxxx Title: President Chairman and Chief Executive Officer LIGHTHOUSE PLACEMENT SERVICES, INC., a Massachusetts corporation By By: /s/ Xxxxx Xxxxxx (SealBrendan Flood___________(Seal) Name: Xxxxxxx Xxxxx Xxxxxx Title: Secretary Chairman and Treasurer Chief Executive Officer STAFFING 360 GEORGIA, LLC, a Georgia limited liability company By: /s/ Xxxxxxx Xxxxx (SealBrendan Flood___________(Seal) Name: Xxxxxxx Xxxxx Title: President Chairman and Chief Executive Officer KEY RESOURCES, INC., a North Carolina corporation By: /s/ Xxxxxxx Xxxxx (SealBrendan Flood___________(Seal) Name: Xxxxxxx Xxxxx Title: President Chairman and Chief Executive Officer

MIDCAP FUNDING. X IV TRUST, a Delaware statutory trust, as successor-by-assignment from MidCap Financial Funding X Trust By: Apollo Capital Management, L.P., its investment manager By: Apollo Capital Management GP, LLC, its general partner By: /s/ Xxxxxxx Mxxxxxx Xxxxxxxx (SEAL) Name: Xxxxxxx Mxxxxxx Xxxxxxxx Title: Authorized Signatory Agent’s Signature Page to First Amendment to Intercreditor Agreement TERM NOTE PURCHASER: XXXXXXX JXXXXXX INVESTMENT GROUP, LLC By: /s/ Rxxxxxx X. Xxxxxxx X. Xxxxx (SEAL) Name: Rxxxxxx X. Xxxxxxx X. Xxxxx Title: Chief Financial Executive Officer Term Note Purchaser’s Signature Page to Sixth Amendment to Intercreditor Agreement PARENT: STAFFING 360 SOLUTIONS, INC., a Delaware corporation By: /s/ Xxxxxxx Bxxxxxx Xxxxx (Seal) Name: Xxxxxxx Bxxxxxx Xxxxx Title: President Chairman and Chief Executive Officer SUBSIDIARIES: MONROE STAFFING SERVICES, LLC, a Delaware limited liability company By: /s/ Xxxxxxx Bxxxxxx Xxxxx (Seal) Name: Xxxxxxx Bxxxxxx Xxxxx Title: President Chairman and Chief Executive Officer FARO RECRUITMENT AMERICA, INC., a New York corporation By By: /s/ Brendan Chairman Bxxxxxx Xxxxx (Seal) Name: Brendan Chairman Bxxxxxx Xxxxx Title: President Chairman and Chief Executive Officer LIGHTHOUSE PLACEMENT SERVICES, INC., a Massachusetts corporation By /s/ Xxxxx Xxxxxx (Seal) Name: Xxxxx Xxxxxx Title: Secretary and Treasurer STAFFING 360 GEORGIA, LLC, a Georgia limited liability company By: /s/ Xxxxxxx Bxxxxxx Xxxxx (Seal) Name: Xxxxxxx Bxxxxxx Xxxxx Title: President Chairman and Chief Executive Officer KEY RESOURCES, INC., a North Carolina corporation By: /s/ Xxxxxxx Bxxxxxx Xxxxx (Seal) Name: Xxxxxxx Bxxxxxx Xxxxx Title: Chairman and Chief Executive Officer Parent’s and Borrowers’ Signature Page to Sixth Amendment to Intercreditor Agreement (1 of 2) HEADWAY WORKFORCE SOLUTIONS, INC., a Delaware corporation By: /s/ Bxxxxxx Xxxxx (Seal) Name: Bxxxxxx Xxxxx Title: President HEADWAY PAYROLL SOLUTIONS, LLC, a Delaware limited liability company By: /s/ Bxxxxxx Xxxxx (Seal) Name: Bxxxxxx Xxxxx Title: President HEADWAY EMPLOYER SERVICES, LLC, a Delaware limited liability company By: /s/ Bxxxxxx Xxxxx (Seal) Name: Bxxxxxx Xxxxx Title: President HEADWAY HR SOLUTIONS, INC., a New York corporation By: /s/ Bxxxxxx Xxxxx (Seal) Name: Bxxxxxx Xxxxx Title: President NC PEO HOLDINGS, LLC, a Delaware limited liability company By: /s/ Bxxxxxx Xxxxx (Seal) Name: Bxxxxxx Xxxxx Title: President Parent’s and Chief Executive OfficerBorrowers’ Signature Page to Sixth Amendment to Intercreditor Agreement (2 of 2)

MIDCAP FUNDING. X IV TRUST, a Delaware statutory trust, as successor-by-assignment from MidCap Financial Funding X Trust By: Apollo Capital Management, L.P., its investment manager By: Apollo Capital Management GP, LLC, its general partner By: /s/ Xxxxxxx Mxxxxxx Xxxxxxxx (SEAL) Name: Xxxxxxx Mxxxxxx Xxxxxxxx Title: Authorized Signatory Agent’s Signature Page to First Amendment to Intercreditor Agreement TERM NOTE PURCHASER: XXXXXXX JXXXXXX INVESTMENT GROUP, LLC By: /s/ Rxxxxxx X. Xxxxxxx X. Xxxxx (SEAL) Name: Rxxxxxx X. Xxxxxxx X. Xxxxx Title: Chief Financial Executive Officer PARENT: STAFFING 360 SOLUTIONS, INC., a Delaware corporation By: /s/ Xxxxxxx Bxxxxxx Xxxxx (SealSEAL) Name: Xxxxxxx Bxxxxxx Xxxxx Title: President and Chief Executive Officer SUBSIDIARIES: MONROE STAFFING SERVICES, LLC, a Delaware limited liability company By: /s/ Xxxxxxx Bxxxxxx Xxxxx (SealSEAL) Name: Xxxxxxx Bxxxxxx Xxxxx Title: President and Chief Executive Officer FARO RECRUITMENT AMERICA, INC., a New York corporation By By: /s/ Brendan Chairman Bxxxxxx Xxxxx (SealSEAL) Name: Brendan Chairman Bxxxxxx Xxxxx Title: President and Chief Executive Officer LIGHTHOUSE PLACEMENT SERVICES, INC., a Massachusetts corporation By By: /s/ Bxxxxxx Xxxxx Xxxxxx (SealSEAL) Name: Xxxxx Xxxxxx Title: Secretary and Treasurer STAFFING 360 GEORGIA, LLC, a Georgia limited liability company By: /s/ Xxxxxxx Xxxxx (Seal) Name: Xxxxxxx Bxxxxxx Xxxxx Title: President and Chief Executive Officer KEY RESOURCES, INC., a North Carolina corporation By: /s/ Xxxxxxx Bxxxxxx Xxxxx (SealSEAL) Name: Xxxxxxx Bxxxxxx Xxxxx Title: President and Chief Executive Officer HEADWAY WORKFORCE SOLUTIONS, INC., a Delaware corporation By: /s/ Bxxxxxx Xxxxx (SEAL) Name: Bxxxxxx Xxxxx Title: Chief Executive Officer HEADWAY PAYROLL SOLUTIONS, LLC, a Delaware limited liability company By: /s/ Bxxxxxx Xxxxx (SEAL) Name: Bxxxxxx Xxxxx Title: Chief Executive Officer HEADWAY EMPLOYER SERVICES LLC, a Delaware limited liability company By: /s/ Bxxxxxx Xxxxx (SEAL) Name: Bxxxxxx Xxxxx Title: Chief Executive Officer HEADWAY HR SOLUTIONS, INC., a New York corporation By: /s/ Bxxxxxx Xxxxx (SEAL) Name: Bxxxxxx Xxxxx Title: Chief Executive Officer NC PEO HOLDINGS, LLC, a Delaware limited liability company By: /s/ Bxxxxxx Xxxxx (SEAL) Name: Bxxxxxx Xxxxx Title: Chief Executive Officer

MIDCAP FUNDING. X IV TRUST, a Delaware statutory trust, as successor-by-assignment from MidCap Financial Trust By: Apollo Capital Management, L.P., its investment manager By: Apollo Capital Management GP, LLC, its general partner By: /s/ Xxxxxxx Mxxxxxx Xxxxxxxx (SEAL) Name: Xxxxxxx Mxxxxxx Xxxxxxxx Title: Authorized Signatory Agent’s Signature Page to First Amendment to Intercreditor Agreement TERM NOTE PURCHASERLENDER: XXXXXXX INVESTMENT GROUPMIDCAP FUNDING IV TRUST, LLC a Delaware statutory trust, as successor-by-assignment from MidCap Financial Trust By: Apollo Capital Management, L.P., its investment manager By: Apollo Capital Management GP, LLC, its general partner By: /s/ Xxxxxxx X. Xxxxx Mxxxxxx Xxxxxxxx (SEAL) Name: Mxxxxxx Xxxxxxxx Title: Authorized Signatory BORROWERS: TWINLAB CONSOLIDATED HOLDINGS, INC. TWINLAB CONSOLIDATION CORPORATION TWINLAB HOLDINGS, INC. TWINLAB CORPORATION ISI BRANDS, INC. NUTRASCIENCE LABS, INC. NUTRASCIENCE LABS IP CORPORATION By: /s/Axxxxxx Xxxxxxx X. Xxxxx (SEAL) Name: Axxxxxx Xxxxxxx Title: Chief Financial Executive Officer PARENTORGANIC HOLDINGS LLC By: STAFFING 360 SOLUTIONS/s/Axxxxxx Xxxxxxx (SEAL) Name: Axxxxxx Xxxxxxx Title: Sole Manager RESERVE LIFE ORGANICS, LLC RESVITALE, LLC RE-BODY, LLC INNOVITAMIN ORGANICS, LLC ORGANICS MANAGEMENT LLC COCOAWELL, LLC FEMBODY, LLC RESERVE LIFE NUTRITION, L.L.C. INNOVITA SPECIALTY DISTRIBUTION LLC JOIE ESSANCE, LLC By: ORGANIC HOLDINGS LLC, its sole Member By: /s/Axxxxxx Xxxxxxx (SEAL) Name: Axxxxxx Xxxxxxx Title: Sole Manager EXHIBIT A Existing Credit Agreement After Giving Effect To Amendment No. 17 EXHIBIT B Commitment Annex ANNEX A TO CREDIT AGREEMENT (COMMITMENT ANNEX) Lender Revolving Loan Commitment Amount Revolving Loan Commitment Percentage MidCap Funding IV Trust $12,000,000 100% TOTALS $12,000,000 100% EXHIBIT C Compliance Certificate EXHIBIT B TO CREDIT AGREEMENT (FORM OF COMPLIANCE CERTIFICATE) COMPLIANCE CERTIFICATE This Compliance Certificate is given by _____________________, a Responsible Officer of TWINLAB CONSOLIDATION CORPORATION (the “Borrower Representative”), pursuant to that certain Credit and Security Agreement dated as of January 22, 2015 among the Borrower Representative, TWINLAB CONSOLIDATED HOLDINGS, INC., a Delaware corporation By: /s/ Xxxxxxx Xxxxx (Seal) Name: Xxxxxxx Xxxxx Title: President and Chief Executive Officer SUBSIDIARIES: MONROE STAFFING SERVICES, LLC, a Delaware limited liability company By: /s/ Xxxxxxx Xxxxx (Seal) Name: Xxxxxxx Xxxxx Title: President and Chief Executive Officer FARO RECRUITMENT AMERICATWINLAB HOLDINGS, INC., a New York corporation By /s/ Brendan Chairman (Seal) Name: Brendan Chairman Title: President and Chief Executive Officer LIGHTHOUSE PLACEMENT SERVICES, ISI BRANDS INC., a Massachusetts corporation By /s/ TWINLAB CORPORATION, NUTRASCIENCE LABS, INC.(formerly known as TCC CM Subco I, Inc.), NUTRASCIENCE LABS IP CORPORATION (formerly known as TCC CX Xxxxx Xxxxxx (Seal) Name: Xxxxx Xxxxxx Title: Secretary and Treasurer STAFFING 360 GEORGIAXX, Inc.), ORGANIC HOLDINGS LLC, RESERVE LIFE ORGANICS, LLC, RESVITALE, LLC, RE-BODY, LLC, INNOVITAMIN ORGANICS, LLC, ORGANICS MANAGEMENT LLC, COCOAWELL, LLC, FEMBODY, LLC, RESERVE LIFE NUTRITION, L.L.C., INNOVITA SPECIALTY DISTRIBUTION, LLC, JOIE ESSANCE, LLC and any additional Borrower that may hereafter be added thereto (collectively, “Borrowers”), MidCap Funding IV Trust, as successor by assignment from MidCap Funding X Trust (successor by assignment from MidCap Financial Trust), individually as a Georgia limited liability company By: /s/ Xxxxxxx Xxxxx Lender and as Agent, and the financial institutions or other entities from time to time parties hereto, each as a Lender (Seal) Name: Xxxxxxx Xxxxx Title: President as such agreement may have been amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”). Capitalized terms used herein without definition shall have the meanings set forth in the Credit Agreement. The undersigned Responsible Officer hereby certifies to Agent and Chief Executive Officer KEY RESOURCES, INC., a North Carolina corporation By: /s/ Xxxxxxx Xxxxx (Seal) Name: Xxxxxxx Xxxxx Title: President and Chief Executive OfficerLenders that: