LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 30th, 2014 • Cas Medical Systems Inc • Surgical & medical instruments & apparatus • New York
THIS LOAN AND SECURITY AGREEMENT, dated as of June 27, 2014 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), is among General Electric Capital Corporation (“GECC”), in its capacity as administrative and collateral agent for Lenders (together with its successors and assigns in such capacity, “Agent”), the financial institutions who are or hereafter become parties to this Agreement as lenders (together with GECC, collectively the “Lenders”, and each individually, a “Lender”), CAS Medical Systems, Inc., a Delaware corporation (“Borrower”), and the other Persons (as defined below), if any, who are or hereafter become parties to this Agreement as guarantors (each a “Guarantor” and collectively, the “Guarantors”, and together with Borrower, each a “Loan Party” and collectively, “Loan Parties”).
WARRANT TO PURCHASE 114,213 SHARES OF COMMON STOCKCas Medical Systems Inc • June 30th, 2014 • Surgical & medical instruments & apparatus • New York
THIS CERTIFIES THAT, for value received, GE Capital Equity Investments, Inc. (“Holder”) is entitled to subscribe for and purchase ONE HUNDRED FOURTEEN THOUSAND TWO HUNDRED THIRTEEN (114,213) shares of fully paid and non-assessable Common Stock of CAS Medical Supplies, Inc., a Delaware corporation (“Company”), at the Warrant Price (as hereinafter defined), subject to the provisions and upon the terms and conditions hereinafter set forth. As used herein, the term “Common Stock” shall mean Company’s presently authorized common stock, $0.004 par value per share, and any stock into which such Common Stock may hereafter be converted or exchanged and the term “Warrant Shares” shall mean the shares of Common Stock which Holder may acquire pursuant to this Warrant and any other shares of stock into which such shares of Common Stock may hereafter be converted or exchanged. This warrant is being executed and delivered pursuant to the terms of a Loan and Security Agreement of even date among the C
