SILICON VALLEY BANK LOAN AND SECURITY AGREEMENTSilicon Valley Bank Loan and Security Agreement • April 15th, 2005 • M Wave Inc • Electronic components, nec • Illinois
This LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of April ___, 2005, between SILICON VALLEY BANK, a California chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 (Facsimile Number 408-654-6212) (“Bank”), on the one side, and M-Wave, Inc., a Delaware corporation, and M-Wave DBS, Inc., an Illinois corporation, each with offices at 475 Industrial Drive, West Chicago, Illinois 60185 (Facsimile Number 630-562-2431) (jointly and severally referred to herein as the “Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
NONSTATUTORY STOCK OPTION AGREEMENTStock Option Agreement • April 15th, 2005 • M Wave Inc • Electronic components, nec
This Nonstatutory Stock Option Agreement (the “Agreement”), made as of this 31st day of December, 2004 (the “Grant Date”), by and between M-Wave, Inc. (the “Company”) and Gordhan Patel (the “Optionee”) evidences the grant, by the Company, of a Nonstatutory Stock Option (the “Option”) to the Optionee on the Grant Date. The Company and the Optionee agree as follows:
Assumption Agreement and Amendment to Loan DocumentsAssumption Agreement • April 15th, 2005 • M Wave Inc • Electronic components, nec
THIS ASSUMPTION AGREEMENT AND AMENDMENT TO LOAN DOCUMENTS (this "Amendment") is entered into between, on the one hand, Silicon Valley Bank ("Silicon"), and, on the other hand, M-Wave, Inc., a Delaware corporation ("Parent"), and M-Wave DBS, Inc., an Illinois corporation ("DBS"). Parent and DBS are referred to herein, jointly and severally, and individually and collectively, as the "Borrower". Capitalized terms used but not defined in this Agreement, shall have the meanings set forth in the Loan and Security Agreement between Silicon and Parent, dated June 28, 2004 (as amended, restated, supplemented, or otherwise modified from time to time, the "Loan Agreement"). The foregoing definitions of "Parent", "DBS", and "Borrower" hereby are incorporated into the Loan Agreement and the other Loan Documents.
PURCHASE AGREEMENTPurchase Agreement • April 15th, 2005 • M Wave Inc • Electronic components, nec • Illinois
This Purchase Agreement (this “Agreement”) is made as of the 31st day of December, 2004, by and among M-Wave, Inc., a Delaware corporation (“Seller”), and American Standard Circuits, Inc., an Illinois corporation (“Purchaser”).
