LOAN AND SECURITY AGREEMENTLoan and Security Agreement • September 24th, 2008 • Zynex Inc • Electromedical & electrotherapeutic apparatus • Oregon
This Loan and Security Agreement (this “Agreement”) is executed by and between Marquette Business Credit, Inc., d/b/a/ Marquette Healthcare Finance, Standard Insurance Center, 900 SW Fifth Avenue, Suite 1920, Portland, Oregon 97204, (“Lender”) and Zynex, Inc. and Zynex Medical, Inc., f/d/b/a Stroke Recovery Systems, 8022 Southpark Circle, Suite 100, Littleton, Colorado 80120 (collectively, “Borrower”), as of September 22, 2008. Lender and Borrower hereby agree as follows:
PROMISSORY NOTE – REVOLVING LOANPromissory Note • September 24th, 2008 • Zynex Inc • Electromedical & electrotherapeutic apparatus
This Promissory Note – Revolving Loan (the “Note”) is executed and delivered by Borrower pursuant to the Loan Agreement. This Note evidences all advances made by Lender to Borrower under the Loan Agreement and this Note is subject to the terms and provisions of the Loan Agreement. All capitalized terms used herein, unless otherwise defined herein, shall have the same definitions herein as are assigned to such terms in the Loan Agreement. Lender’s records shall be conclusive proof of loans, payments, and interest accruals hereunder, absent proof of error by Borrower.
BUSINESS ASSOCIATE AGREEMENTBusiness Associate Agreement • September 24th, 2008 • Zynex Inc • Electromedical & electrotherapeutic apparatus • Oregon
This Business Associate Agreement (“Agreement”) is entered into this 22nd day of September, 2008, among Marquette Business Credit, Inc., d/b/a Marquette Healthcare Finance, Standard Insurance Center, 900 SW Fifth Avenue, Suite 1920, Portland, Oregon 97204 (“Marquette”), Zynex, Inc., and Zynex Medical, Inc. f/d/b/a Stroke Recovery Systems, 8002 Southpark Circle, Suite 100, Littleton, Colorado 80120 (collectively, “Provider”).
PLEDGE AGREEMENTPledge Agreement • September 24th, 2008 • Zynex Inc • Electromedical & electrotherapeutic apparatus • Oregon
This Pledge Agreement (“Pledge Agreement”) is between Marquette Business Credit, Inc., d/b/a Marquette Healthcare Finance (“Lender”) and Zynex, Inc., a Nevada corporation (“Pledgor”).
SUBORDINATION AGREEMENTSubordination Agreement • September 24th, 2008 • Zynex Inc • Electromedical & electrotherapeutic apparatus • Oregon
This Subordination Agreement (this “Agreement”), is entered into by and among Marquette Business Credit, Inc., d/b/a Marquette Healthcare Finance (“Marquette”), Thomas Sandgaard, (“Junior Creditor”), and Zynex, Inc., and Zynex Medical Inc., f/d/b/a Stroke Recovery Systems (collectively, “Borrower).
VALIDITY GUARANTYValidity Guaranty • September 24th, 2008 • Zynex Inc • Electromedical & electrotherapeutic apparatus • Oregon
This Validity Guaranty made this 22nd day of September, 2008, by Thomas Sandgaard (“Validity Guarantor”), whose address is 8022 Southpark Circle, Suite 100, Littleton, Colorado 80120, to and for the benefit of Marquette Business Credit, Inc., d/b/a Marquette Healthcare Finance (“Lender”), whose address is Standard Insurance Center, 900 SW Fifth Ave., Portland, Oregon 97204.
