Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company’s application requesting confidential treatment under Rule 24b-2 of the Exchange Act. AGREEMENTCaliper Life Sciences Inc • November 9th, 2006 • Laboratory analytical instruments • California
Effective as of May 5, 2000 (“Effective Date”), THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY, a body having corporate powers under the laws of the State of California (“STANFORD”), and Xenogen Corporation, a California corporation, having a principal place of business at 860 Atlantic Avenue, Alameda, CA 94501 (“LICENSEE”), agree as follows:
JOINDER AGREEMENTJoinder Agreement • November 9th, 2006 • Caliper Life Sciences Inc • Laboratory analytical instruments
Reference is hereby made to a certain loan arrangement by and among (a) SILICON VALLEY BANK, a California corporation with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054, and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (the “Bank”) and (b) CALIPER LIFE SCIENCES, INC., a Delaware corporation with its chief executive office at 68 Elm Street, Hopkinton, Massachusetts 01748 (“Caliper”) and NOVASCREEN BIOSCIENCES CORPORATION, a Delaware corporation with its chief executive office at 68 Elm Street, Hopkinton, Massachusetts 01748 (“NovaScreen”)(Caliper and NovaScreen are, hereinafter, individually and collectively, the “Existing Borrower”), evidenced by that certain Loan and Security Agreement dated as of August 9, 2006, by and among Bank and Existing Borrower (as may be amended from time to time, the “Loan Agreement”). All capitalized terms used herein without definitio
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 9th, 2006 • Caliper Life Sciences Inc • Laboratory analytical instruments • Maryland
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of August 9, 2006 (the “Effective Date”) between SILICON VALLEY BANK, a California corporation and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (“Bank”), and CALIPER LIFE SCIENCES, INC., a Delaware corporation (“Caliper”) and NOVASCREEN BIOSCIENCES CORPORATION, a Maryland corporation (“NovaScreen”) (hereinafter, Caliper and NovaScreen are jointly and severally, individually and collectively, referred to as “Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
