INTERCREDITOR AGREEMENTIntercreditor Agreement • March 24th, 2010 • Perseus Partners Vii L P • Electromedical & electrotherapeutic apparatus • New York
THIS INTERCREDITOR AGREEMENT is dated as of March 19, 2010 (this “Agreement”) among PHOTOMEDEX, INC., a Delaware corporation (the “Borrower”); CLUTTERBUCK FUNDS LLC, a Delaware limited liability company (“Clutterbuck”); and PERSEUS PARTNERS VII, LP, a Delaware limited partnership (“Perseus”, and together with Clutterbuck, the “Lenders”).
ContractAssumption Agreement • March 24th, 2010 • Perseus Partners Vii L P • 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”).
ContractConsent and Waiver • March 24th, 2010 • Perseus Partners Vii L P • 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”).
ContractAssumption Agreement • March 24th, 2010 • Perseus Partners Vii L P • Electromedical & electrotherapeutic apparatus • New York
Guaranty Agreement, dated as of March 19, 2010, (as amended, modified or supplemented from time to time as provided herein, this “Guaranty Agreement”), among each of the subsidiaries listed on Schedule I hereto (each such subsidiary individually, a “Guarantor” and collectively, the “Guarantors”) of PhotoMedex, Inc., a Delaware corporation (the “Borrower”), and Perseus Partners VII, L.P., a Delaware limited partnership (the “Investor”).
