DOMAIN RIGHTS COLLATERAL AGREEMENT AND NOTICE
Exhibit 10.6
DOMAIN RIGHTS COLLATERAL AGREEMENT AND NOTICE
This Domain Rights Collateral Agreement and Notice dated as of April 14, 2010, is between
Cardiovascular Systems, Inc., a Delaware corporation with its principal place of
business at 000 Xxxxxx Xxxxx, Xx. Xxxx, XX 00000 (“Assignor”) and Partners for Growth III,
L.P., 000 Xxxxxxx Xxxxxx, Xxx Xxxxxxxxx, XX 00000 (“Assignee”) pursuant to a Loan and
Security Agreement dated April 14, 2010, by and between Assignor and Assignee and pursuant to
certain other loan documents referenced therein (collectively, the “Loan Documents”).
WHEREAS, Assignor is the owner of certain Domain Rights as defined in the Loan Documents which
are, as of the date hereof, as listed on Exhibit 1 hereto (the “Domain Rights”);
and
WHEREAS, Assignee has agreed to extend certain credit to Assignor on condition that the
Assignor pledge and grant to Assignee as collateral for the Obligations (as defined in the Loan
Documents) a security interest and lien in and to the Domain Rights and all proceeds thereof and
all other related claims and rights as more fully described in a certain Intellectual Property
Security Agreement (the “Security Agreement”) in favor of the Assignee dated April 14, 2010, by and
between Assignor and Assignee;
NOW THEREFORE, for good and valuable consideration, as security for the due and timely payment
and performance of the Obligations: (1) Assignor hereby pledges and grants to Assignee a security
interest and lien in and to the Domain Rights and all proceeds thereof and gives notice of such
security interest and the existence of such Security Agreement providing therefor; and (2) Assignor
hereby irrevocably appoints PFG as its lawful attorney-in-fact without any further authorization to
take any action and file any notice on behalf of Assignor that Assignor itself could file in
respect of its Domain Rights, including without limitation, to transfer Domain Rights, change
administrative contacts in respect of Domain Rights, maintain Domain Rights, and provide
instructions to domain hosting services and any domain name registrars.
Executed as of the date first above written.
| Assignor: | Assignee: | |||||||||||
| Cardiovascular Systems, Inc. | PARTNERS FOR GROWTH III, L.P. | |||||||||||
| By | /s/ Xxxxx X. Xxxxxx | By | /s/ Xxxxxxxx Xxxxx | |||||||||
| Chief Executive Officer | Name: | Xxxxxxxx Xxxxx | ||||||||||
| Title: | Manager, Partners for Growth III, LLC | |||||||||||
| Its General Partner | ||||||||||||
By
|
/s/ Xxxxx X. Xxxxxxxx | |||||||||||
| Secretary | ||||||||||||
