ContractCas Medical Systems Inc • July 5th, 2016 • Surgical & medical instruments & apparatus • New York
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 AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • July 5th, 2016 • Cas Medical Systems Inc • Surgical & medical instruments & apparatus • New York
THIS LOAN AND SECURITY AGREEMENT, dated as of June 30, 2016 (as amended, restated, supplemented or otherwise modified from time to time, this "Agreement"), is among Solar Capital Ltd., a Maryland corporation ("Solar"), in its capacity as administrative and collateral agent for Lenders (together with its successors and assigns in such capacity, "Agent") and as lender, Western Alliance Bank, an Arizona corporation ("Western Alliance" or "Bank"), as lender, and the other financial institutions who are or hereafter become parties to this Agreement as lenders (together with Solar and Western Alliance 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").
