0000950137-07-009325 Sample Contracts

CREDIT AND SECURITY AGREEMENT
Credit and Security Agreement • June 27th, 2007 • Ithaka Acquisition Corp • Blank checks • Illinois

THIS CREDIT AND SECURITY AGREEMENT (as the same may be amended, supplemented, restated or otherwise modified from time to time, the “Agreement”) is dated as of February 22, 2007 by and among ALSIUS CORPORATION, a California corporation, and any additional Borrower that may hereafter be added to this Agreement (each individually as a “Borrower” and collectively as “Borrowers”), MERRILL LYNCH CAPITAL, a division of Merrill Lynch Business Financial Services Inc., individually as a Lender, and as Administrative Agent, and the financial institutions or other entities from time to time parties hereto, each as a Lender.

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FIRST AMENDMENT TO CREDIT AND SECURITY AGREEMENT
Credit and Security Agreement • June 27th, 2007 • Ithaka Acquisition Corp • Blank checks • Illinois

THIS FIRST AMENDMENT TO CREDIT AND SECURITY AGREEMENT (this “Agreement”) is entered into this 11th day of May, 2007, by and between ALSIUS CORPORATION., a California corporation (“Borrower”), and MERRILL LYNCH CAPITAL, a division of Merrill Lynch Business Financial Services Inc., individually as a Lender, and as Administrative Agent (“Administrative Agent”).

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