FIRST LIEN/SECOND LIEN INTERCREDITOR AGREEMENT among U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Senior Priority Representative for the Super-Priority Secured Parties and Super-Priority Collateral Agent, U.S. BANK TRUST COMPANY, NATIONAL...First Lien/Second Lien Intercreditor Agreement • August 8th, 2024 • Accelerate Diagnostics, Inc • Laboratory analytical instruments • New York
FIRST LIEN/SECOND LIEN INTERCREDITOR AGREEMENT dated as of August 8, 2024 (as amended, restated, supplemented or modified from time to time, this “Agreement”), among U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Representative for the Super-Priority Secured Parties (in such capacity and together with its successors in such capacity, the “Super-Priority Collateral Agent”), U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Representative for the Initial Second Priority Debt Secured Parties (in such capacity and together with its successors in such capacity, the “Initial Second Lien Representative”), and each additional Senior Priority Representative and Second Priority Representative that from time to time becomes a party hereto pursuant to Section 8.09 and acknowledged and agreed to by ACCELERATE DIAGNOSTICS, INC., a Delaware corporation (the “Issuer”), and the other Grantors from time to time party hereto.
ACCELERATE DIAGNOSTICS, INC. as Issuer, THE GUARANTORS NAMED HEREIN and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION as Trustee and as Notes Collateral Agent INDENTURE Dated as of August 8, 2024 Super-Priority Senior Secured PIK Notes Due 2025Indenture • August 8th, 2024 • Accelerate Diagnostics, Inc • Laboratory analytical instruments • New York
INDENTURE, dated as of August 8, 2024 (this “Indenture”), by and among ACCELERATE DIAGNOSTICS, INC., a Delaware corporation (the “Issuer”), the Subsidiaries of Issuer from time to time party hereto as Guarantors (as defined herein), and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, a national banking association, as Trustee and as Notes Collateral Agent (each as defined herein).
NOTE PURCHASE AGREEMENTNote Purchase Agreement • August 8th, 2024 • Accelerate Diagnostics, Inc • Laboratory analytical instruments • New York
This Note Purchase Agreement (this “Agreement”), dated as of August 8, 2024, is made by and among Accelerate Diagnostics, Inc., a Delaware corporation (the “Company”), and the investors identified on Annex I attached hereto (together with their respective successors and permitted assigns, the “Investors”).
SUPER-PRIORITY SECURITY AGREEMENT among ACCELERATE DIAGNOSTICS, INC., as Issuer, and THE GUARANTORS PARTY HERETO FROM TIME TO TIME, as Guarantors and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Collateral Agent Dated as of August 8, 2024Super-Priority Security Agreement • August 8th, 2024 • Accelerate Diagnostics, Inc • Laboratory analytical instruments
This SUPER-PRIORITY SECURITY AGREEMENT, dated as of August 8, 2024 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time in accordance with the provisions hereof, including by one or more Joinder Agreements, or otherwise, this “Agreement”), is made by and among Accelerate Diagnostics, Inc., a Delaware corporation (“Issuer”), and the Subsidiaries of Issuer from time to time party hereto as guarantors (collectively, the “Guarantors”), as pledgors, assignors and debtors (Issuer, together with the Guarantors, in such capacities and together with any successors in such capacities, the “Pledgors,” and each, a “Pledgor”), and U.S. Bank Trust Company, National Association, a national banking association, solely in its capacity as collateral agent pursuant to the Indenture, (in such capacity, and together with any successors in such capacity, the “Collateral Agent”).
