AMENDMENT NO. 1 TO THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • January 31st, 2022 • Summer Infant, Inc. • Miscellaneous manufacturing industries • New York
THIS THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT dated as of October 15, 2020 (this “Agreement”), among SUMMER INFANT, INC., a Delaware corporation (the “Company”), SUMMER INFANT (USA), INC., a Rhode Island corporation (“SI USA”, and together with Company, collectively, “Borrowers”), THE GUARANTORS FROM TIME TO TIME PARTY HERETO, the financial institutions from time to time party to this Agreement from time to time as lenders (collectively, “Lenders”) and BANK OF AMERICA, N.A., a national banking association, as agent and security trustee for the Lenders (“Agent”) amends and restates in its entirety that certain Second Amended and Restated Loan and Security Agreement dated as of June 28, 2018 (as amended prior to the date hereof, the “Existing Credit Agreement”) among the Borrowers, the guarantors party thereto, the lenders party thereto, Bank of America, N.A. as agent.
CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS EXHIBIT, MARKED BY [***], HAS BEEN OMITTED PURSUANT TO REGULATION S-K, ITEM 601(b)(10) BECAUSE IT IS NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED.Loan and Security Agreement • January 31st, 2022 • Summer Infant, Inc. • Miscellaneous manufacturing industries • New York
This agreement and the rights and obligations evidenced hereby (INCLUDING ALL LIENS GRANTED PURSUANT HERETO) are subordinate in the manner and to the extent set forth in that certain Intercreditor aND SUBORDINATION Agreement (as the same may be amended, restated, supplemented or otherwise modified from time to time pursuant to the terms thereof, THE “INTERCREDITOR Agreement”), dated JANUARY 28, 2022, among summer infant, inc., a Delaware corporation AND summer infant (usa) inc., a RHODE ISLAND CORPORATION (COLLECTIVELY, the “borrowerS”), wynnefield capital, INc., in its capacity as agent UNDER THIS LOAN and security CREDIT AGREEMENT (the “Subordinated Agent”) and bank of america, n.a., in its capacity as agent UNDER THE First Lien LOAN AGREEMENT REFERENCED HEREIN (the “First Lien Agent”), to the indebtedness OF the BorrowerS and the liens GRANTED pursuant to that certain THIRD AMENDED AND RESTATED LOAN AND SECURITY Agreement, dated OCTOBER 15, 2020, among THE Borrower, SI USA, the lend
