AMENDMENT NO. 1 TO FINANCING AGREEMENTFinancing Agreement • February 3rd, 2017 • Accuray Inc • Surgical & medical instruments & apparatus • New York
AMENDMENT NO. 1 TO FINANCING AGREEMENT, dated as of November 4, 2016 (this “Amendment”), is an amendment to the Financing Agreement, dated as of January 11, 2016 (as amended, restated, supplemented or otherwise modified from time to time, the “Financing Agreement”), by and among Accuray Incorporated, a Delaware corporation (the “Administrative Borrower”), TomoTherapy Incorporated, a Wisconsin corporation (“TomoTherapy”), and together with the Administrative Borrower, each a “Borrower” and, collectively, the “Borrowers”), each subsidiary of the Administrative Borrower listed as a “Guarantor” on the signature pages thereto (together with each other Person that executes a joinder agreement and becomes a “Guarantor” thereunder, each a “Guarantor” and, collectively, the “Guarantors”), the lenders from time to time party thereto (each a “Lender” and collectively, the “Lenders”), Cerberus Business Finance, LLC, a Delaware limited liability company (“Cerberus”), as collateral agent for the Len
no. Item Lease ProvisionLease Agreement • February 3rd, 2017 • Accuray Inc • Surgical & medical instruments & apparatus
THIS AMENDMENT modifies a lease between Old Sauk Trails Park Limited Partnership as Landlord (“Landlord”) and Accuray, Inc FKA Tomotherapy, Inc. (“Tenant”) for “Premises” (as identified in Reference Data No. 8) at 1240 Deming Way, Madison, Wisconsin.
no. Item Lease ProvisionLease Agreement • February 3rd, 2017 • Accuray Inc • Surgical & medical instruments & apparatus
THIS AMENDMENT modifies a lease between Adelphia LLC as Landlord (“Landlord”) and Accuray, Inc., FKA Tomotherapy, Inc. (“Tenant”) for “Premises” (as identified in Reference Data No. 4) at 1209 Deming Way, Madison, Wisconsin.
