ContractWarrant Agreement • February 24th, 2023 • Apyx Medical Corp • Surgical & medical instruments & apparatus • Delaware
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAW, OR SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION CAN BE MADE IN COMPLIANCE WITH RULE 144 OF THE ACT, OR IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE REASONABLY SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.
CREDIT, SECURITY AND GUARANTY AGREEMENT dated as of February 17, 2023 by and among APYX MEDICAL CORPORATION, as Borrower and any additional borrower that hereafter becomes party hereto, each as Borrower, and collectively as Borrowers, and APYX CHINA...Credit, Security and Guaranty Agreement • February 24th, 2023 • Apyx Medical Corp • Surgical & medical instruments & apparatus • New York
This CREDIT, SECURITY AND GUARANTY AGREEMENT (as the same may be amended, supplemented, restated or otherwise modified from time to time, the “Agreement”) is dated as of February 17, 2023 by and among APYX MEDICAL CORPORATION, a Delaware corporation (“Apyx Medical”) and any additional borrower that may hereafter be added to this Agreement and each of their successors and permitted assigns (together with Apyx Medical , each individually as a “Borrower”, and collectively, the “Borrowers”), APYX CHINA HOLDING CORP., a Delaware corporation (“Apyx China Holding”) and any additional entities that become party hereto as Guarantors and each of their successors and permitted assigns (together with Apyx China Holdings, each individually, a “Guarantor” and collectively, with each of their successors and assigns, the “Guarantors”), MIDCAP FUNDING IV TRUST, as Agent, MIDCAP FINANCIAL TRUST, as Term Loan Servicer, and the financial institutions or other entities from time to time parties hereto, eac
Attn: Tara Semb Re: Credit, Security and Guaranty Agreement with Apyx Medical Corporation and Apyx China Holding Corp. Ladies and Gentlemen:Credit, Security and Guaranty Agreement • February 24th, 2023 • Apyx Medical Corp • Surgical & medical instruments & apparatus
This fee letter (“Fee Letter”) is a “Fee Letter” referred to in that certain Credit, Security and Guaranty Agreement, dated as of the date hereof (as amended, restated, supplemented, amended and restated or otherwise modified from time to time, the “Credit Agreement”), by and among APYX MEDICAL CORPORATION, a Delaware corporation and the other entities from time to time party thereto, as borrowers (collectively in the singular, “Borrower”), APYX CHINA HOLDING CORP., a Delaware corporation and any other entities that may become party thereto as a guarantor (collectively in the singular, “Guarantor”), the financial institutions or other entities from time to time parties thereto as lenders (the “Lenders”), MIDCAP FUNDING IV TRUST, a Delaware statutory trust, as administrative agent (in such capacity, together with its successors and assigns, “Agent”) and MIDCAP FINANCIAL TRUST, a Delaware statutory trust, as Term Loan Servicer (in such capacity, together with its successors and assigns,
