No. W – 04-2009-02 Warrant to Purchase 1,315,542 Shares of Common Stock (subject to adjustment)Bioheart, Inc. • April 8th, 2009 • Services-commercial physical & biological research • Florida
This certifies that, for value received, BlueCrest Venture Finance Master Fund Limited, a company organized under the laws of the Cayman Islands (“BlueCrest”), or its assigns (the “Holder”) is entitled, subject to the terms set forth below, to purchase from Bioheart, Inc. (the “Company”), a Florida corporation, up to 1,315,542 shares (the “Warrant Shares”) of the common stock of the Company, par value $.001 per share (the “Common Stock”), as constituted on the date hereof (the “Warrant Issue Date”), upon surrender hereof, at the principal office of the Company referred to below, with the duly executed Notice of Exercise, attached hereto as Exhibit A (the “Notice of Exercise Form”), and simultaneous payment therefor in lawful money of the United States or otherwise as hereinafter provided, at the Exercise Price set forth in Section 2 below. The number of Warrant Shares and the Exercise Price are subject to adjustment as provided below. The term “Warrant” as used herein shall include thi
GRANT OF SECURITY INTEREST (PATENTS)Grant of Security Interest • April 8th, 2009 • Bioheart, Inc. • Services-commercial physical & biological research
This GRANT OF SECURITY INTEREST, dated as of April, 2, 2009, is executed by Bioheart, Inc., a Florida corporation (“Grantor”), in favor of BlueCrest Venture Finance Master Fund Limited, a Cayman Islands limited company as successor to BlueCrest Capital Finance, L.P. (“Lender”).
SUBORDINATION AGREEMENTSubordination Agreement • April 8th, 2009 • Bioheart, Inc. • Services-commercial physical & biological research • Illinois
This Subordination Agreement (hereinafter “Agreement”) is entered into and is effective this 2nd day of April 2009 by and between BlueCrest Venture Finance Master Fund Limited (“BlueCrest”) and Hunton & Williams, LLP with an office located at 1111 Brickell Avenue, Suite 2500, Miami, Florida 33131 (“Hunton”).
SECURITY AGREEMENT (INTELLECTUAL PROPERTY)Security Agreement • April 8th, 2009 • Bioheart, Inc. • Services-commercial physical & biological research • Illinois
THIS SECURITY AGREEMENT (INTELLECTUAL PROPERTY) (this “Security Agreement”), dated as of April 2, 2009, is entered into by and between Bioheart, Inc., a Florida corporation (the “Grantor”), and BlueCrest Venture Finance Master Fund Limited, a Cayman Islands limited company, as successor to BlueCrest Capital Finance, L.P. (“Lender”).
AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 8th, 2009 • Bioheart, Inc. • Services-commercial physical & biological research • Illinois
This AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of April 2, 2009 is entered into by and among BlueCrest Venture Finance Master Fund Limited, a Cayman Islands limited company as successor to BlueCrest Capital Finance, L.P. (“Lender”), and Bioheart, Inc., a Florida corporation (“Borrower”).
