LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 2nd, 2016 • Industrial Services of America Inc • Sanitary services • Connecticut
THIS LOAN AND SECURITY AGREEMENT (as amended, modified, restated or supplemented, this “Agreement”), is entered into as of February 29, 2016, by and among MIDCAP BUSINESS CREDIT LLC, a Texas limited liability company, the secured party hereunder (“Lender”), INDUSTRIAL SERVICES OF AMERICA, INC., a Florida corporation (“ISA”; and together with any additional Person (as defined in Section 15(n) below) that at any time after the date hereof becomes an additional borrower to this Agreement, jointly, severally and collectively, “Borrowers” and each a “Borrower”), ISA LOGISTICS LLC, a Kentucky limited liability company (“ISA Logistics”), ISA INDIANA, INC., an Indiana corporation (“ISA Indiana”), ISA REAL ESTATE, LLC, a Kentucky limited liability company (“ISA Real Estate”), ISA INDIANA REAL ESTATE, LLC, a Kentucky limited liability company (“ISA IN Real Estate”), 7021 GRADE LANE LLC, a Kentucky limited liability company (“7021 Grade Lane”), 7124 GRADE LANE LLC, a Kentucky limited liability co
GUARANTY AND SURETYSHIP AGREEMENTGuaranty and Suretyship Agreement • March 2nd, 2016 • Industrial Services of America Inc • Sanitary services • Connecticut
This Guaranty and Suretyship Agreement (as amended, restated, supplemented or otherwise modified from time to time, this “Guaranty”), dated as of February 29, 2016, is made by ISA Logistics LLC, a Kentucky limited liability company (“ISA Logistics”), ISA Indiana, Inc., an Indiana corporation (“ISA Indiana”), ISA Real Estate, LLC, a Kentucky limited liability company (“ISA Real Estate”), ISA Indiana Real Estate, LLC, a Kentucky limited liability company (“ISA IN Real Estate”), 7021 Grade Lane LLC, a Kentucky limited liability company (“7021 Grade Lane”), 7124 Grade Lane LLC, a Kentucky limited liability company (“7124 Grade Lane”), and 7200 Grade Lane LLC, a Kentucky limited liability company (“7200 Grade Lane”; and together with ISA Logistics, ISA Indiana, ISA Real Estate, ISA IN Real Estate, 7021 Grade Lane, 7124 Grade Lane and any additional Person that at any time after the date hereof becomes a guarantor to this Guaranty, jointly, severally and collectively, “Guarantors” and each a
MIDCAP BUSINESS CREDIT LLC REVOLVING NOTERevolving Note • March 2nd, 2016 • Industrial Services of America Inc • Sanitary services
This Revolving Note is issued pursuant, and is subject, to the Loan Agreement, which provides, among other things, for acceleration hereof. This Revolving Note is the “Note” referred to in the Loan Agreement.
PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • March 2nd, 2016 • Industrial Services of America Inc • Sanitary services • Connecticut
This PLEDGE AND SECURITY AGREEMENT, dated as of February 29, 2016 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), is between Industrial Services of America, Inc., a Florida corporation (the “Pledgor”), and MidCap Business Credit LLC, a Texas limited liability company (the “Lender”).
