ContractPledge and Security Agreement • March 23rd, 2010 • Photomedex Inc • Electromedical & electrotherapeutic apparatus • New York
Amended and Restated Pledge and Security Agreement, dated as of March 19, 2010 (this “Pledge Agreement”), by and among PhotoMedex, Inc., a Delaware corporation (the “Borrower”), each of the subsidiaries of the Borrower that may become a party hereto from time to time, whether as an original signatory hereto or as an Additional Grantor (as herein defined) (the Borrower and such subsidiaries of the Borrower, collectively, the “Grantors”), and Perseus Partners VII, L.P., a Delaware limited partnership (the “Secured Party” or, in its capacity as collateral agent on behalf of the Secured Party, the “Collateral Agent”).
ContractSecurities Purchase Agreement • March 23rd, 2010 • Photomedex Inc • Electromedical & electrotherapeutic apparatus
Amendment No. 2, Consent and Waiver, dated as of March 18, 2010 (this “Amendment”) to the Securities Purchase Agreement referred to below by and between PhotoMedex, Inc., a Delaware corporation (the "Company"), and Perseus Partners VII, L.P., a Delaware limited partnership (the “Purchaser”).
ContractCommon Stock Purchase Warrant • March 23rd, 2010 • Photomedex Inc • Electromedical & electrotherapeutic apparatus • Delaware
THESE SECURITIES HAVE NOT BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE ACT, IN COMPLIANCE WITH RULE 144 UNDER THE SECURITIES ACT OR OTHERWISE PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO THE REGISTRATION REQUIREMENTS OF THE ACT, AND IN ACCORDANCE WITH APPLICABLE STATE SECURITIES LAWS.
TERM LOAN NOTETerm Loan Note • March 23rd, 2010 • Photomedex Inc • Electromedical & electrotherapeutic apparatus
This Term Note (as amended, modified, increased, renewed, restated and replaced from time to time, this “Note”) is issued pursuant to that certain Term Loan and Security Agreement, dated as of the date hereof, by and between Maker and Payee (as amended, modified, increased, renewed, restated and replaced from time to time, “Loan Agreement”) and is subject to all of the terms thereof. All defined terms used herein shall have the meanings ascribed to them in the Loan Agreement. This Note is secured by the Collateral described in the Loan Agreement.
TERM LOAN AND SECURITY AGREEMENT between PHOTOMEDEX, INC., as Borrower and CLUTTERBUCK FUNDS LLC, as Lender Dated as of March 19, 2010Term Loan and Security Agreement • March 23rd, 2010 • Photomedex Inc • Electromedical & electrotherapeutic apparatus • Delaware
THIS TERM LOAN AND SECURITY AGREEMENT (this “Agreement”), dated as of March 19, 2010, is entered into by and between PHOTOMEDEX, INC., a Delaware corporation, with its principal office 147 Keystone Drive, Montgomeryville, Pennsylvania 18936 (the “Borrower”), and CLUTTERBUCK FUNDS LLC, a Delaware limited liability company, with an office at 200 Public Square, Suite 2910, Cleveland, Ohio 44114 (the “Lender”).
