Success Fee Letter CytoSorbents CorporationCytosorbents Corp • January 20th, 2022 • Surgical & medical instruments & apparatus
Reference is herein made to that certain Amended and Restated Loan and Security Agreement (the “Loan Agreement”), dated as of even date herewith, by and between Western Alliance Bank, an Arizona corporation (“Bank”), and CytoSorbents Corporation, a Delaware corporation and CytoSorbents Medical, Inc., a Delaware corporation (individually and collectively, jointly and severally “Borrower”). CytoSorbents Corporation may be referred to herein as “Parent.” Capitalized terms used but not otherwise defined herein shall have the respective meanings given to them in the Loan Agreement. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Borrower hereby agrees to pay to the Bank, (i) an amount equal to 1.00% of the of the First Tranche Term C Loans (as defined herein) (the “First Tranche Success Fee”) promptly upon the occurrence of the First Tranche Liquidity Event (as defined herein), (ii) an amount equal to 1.50% of the Second Tranche Term C Lo
FOURTH AMENDMENT TO THE AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • January 20th, 2022 • Cytosorbents Corp • Surgical & medical instruments & apparatus • California
THIS FOURTH AMENDMENT to the Amended and Restated Loan and Security Agreement (this “Amendment”) is made effective as of January 19, 2022 (the “Fourth Amendment Date”) and made by and among WESTERN ALLIANCE BANK, an Arizona corporation (“Bank”) and CYTOSORBENTS CORPORATION, a Delaware corporation and CYTOSORBENTS MEDICAL, INC., a Delaware corporation (individually and collectively, jointly and severally “Borrower”).
