Exhibit 10.38
ALLONGE TO LOAN AND SECURITY AGREEMENT
This modification made this 8th day of December, 2000 to the Loan and Security
Agreement ("Agreement") effective June 10, 1999 between OSTEOTECH, INC., a
Delaware Corporation; OSTEOTECH INVESTMENT CORPORATION, a New Jersey
Corporation; CAM IMPLANTS, INC., a Colorado Corporation; OSTEOTECH, B.V., H.C.
IMPLANTS, B.V., CAM IMPLANTS, B.V., OSTEOTECH/CAM SERVICES, B.V., each a Company
of The Netherlands; and OST DEVELOPPEMENT, a Corporation of France (jointly and
severally "Borrower") and SUMMIT BANK ("Lender") and to which Agreement these
presents are so firmly affixed as to become a part thereof.
Notwithstanding anything to the contrary set forth in the Agreement, Section
1.3(a) is hereby amended to read as follows:
1.3(a) Lender agrees to provide to Borrower loans in an
aggregate amount up to Seventeen Million ($17,000,000.00)
Dollars during a period not to exceed twenty-one (21) months
following the date hereof for the purpose of financing
equipment purchases, clean-rooms, other costs related to the
Project and other capital expenditures in the United States
with advances of up to 80% of the cost thereof based upon
the submission by Borrower to Lender of invoices therefor in
form reasonably satisfactory to Lender ("Loan III").
Interest only will be paid on a monthly basis during the
draw-down period of twenty-one (21) months from the date
hereof.
Except as specifically modified herein, all of the terms and conditions of the
Agreement, and the certificates and other documents executed in connection
therewith, shall remain in full force and effect and any term in initial
capitals and not otherwise defined herein shall have the meaning ascribed
thereto in the Agreement.
Witness: OSTEOTECH, INC.
A Delaware Corporation
Xxxxx X. Xxxxxx By: /s/ Xxxxxxx X. Xxxxxxxx
--------------- -------------------------------
XXXXXXX X. XXXXXXXX
Executive Vice President
Signatures continued ......
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......... continuation of signatures to Allonge to Loan and Security Agreement
Witness: OSTEOTECH INVESTMENT CORPORATION
A New Jersey Corporation
Xxxxx X. Xxxxxx By: /s/ Xxxxxxx X. Xxxxxxxx
--------------- -------------------------------
XXXXXXX X. XXXXXXXX
Executive Vice President
Witness: CAM IMPLANTS, INC.
A Colorado Corporation
Xxxxx X. Xxxxxx By: /s/ Xxxxxxx X. Xxxxxxxx
--------------- -------------------------------
XXXXXXX X. XXXXXXXX
Chief Financial Officer
Witness: OSTEOTECH, B.V.
A Company of The Netherlands
Xxxxx X. Xxxxxx By: /s/ Xxxxxxx X. Xxxxxxxx
--------------- -------------------------------
XXXXXXX X. XXXXXXXX
Managing Director
Witness: H.C. IMPLANTS, B.V.
A Company of The Netherlands
Xxxxx X. Xxxxxx By: /s/ Xxxxxxx X. Xxxxxxxx
--------------- -------------------------------
XXXXXXX X. XXXXXXXX
Managing Director
Signatures continued ......
E-8
.................... continuation of signatures to Loan and Security Agreement
Witness: CAM IMPLANTS, B.V.
A Company of The Netherlands
Xxxxx X. Xxxxxx By: /s/ Xxxxxxx X. Xxxxxxxx
--------------- -------------------------------
XXXXXXX X. XXXXXXXX
Managing Director
Witness: OSTEOTECH/CAM SERVICES, B.V.
A Company of The Netherlands
Xxxxx X. Xxxxxx By: /s/ Xxxxxxx X. Xxxxxxxx
--------------- -------------------------------
XXXXXXX X. XXXXXXXX
Managing Director
Witness: OST DEVELOPPEMENT
A Corporation of France
Xxxxx X. Xxxxxx By: /s/ Xxxxxxx X. Xxxxxxxx
--------------- -------------------------------
XXXXXXX X. XXXXXXXX
Managing Director
SUMMIT BANK
By: /s/ Xxxxx X. Xxxxxx
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