LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 9th, 2013 • Cytori Therapeutics, Inc. • Surgical & medical instruments & apparatus
THIS LOAN AND SECURITY AGREEMENT (as the same may from time to time be amended, modified, supplemented or restated, this “Agreement”) dated as of June 28, 2013 (the “Effective Date”) among OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 133 North Fairfax Street, Alexandria, Virginia 22314 (“Oxford”), as collateral agent (in such capacity, “Collateral Agent”), the Lenders listed on Schedule 1.1 hereof or otherwise a party hereto from time to time including Oxford in its capacity as a Lender and SILICON VALLEY BANK, a California corporation with an office located at 3003 Tasman Drive, Santa Clara, CA 95054 (“Bank” or “SVB”) (each a “Lender” and collectively, the “Lenders”), and CYTORI THERAPEUTICS, INC., a Delaware corporation with offices located at 3020 Callan Road, San Diego, CA 92121 (“Borrower”), provides the terms on which the Lenders shall lend to Borrower and Borrower shall repay the Lenders. The parties agree as follows:
WARRANT TO PURCHASE 92,797 SHARES OF COMMON STOCKCytori Therapeutics, Inc. • August 9th, 2013 • Surgical & medical instruments & apparatus • California
This Warrant is issued pursuant to that certain Loan and Security Agreement, dated as of June 28, 2013, by and among Company, the other entities or persons signatory thereto as loan parties, Oxford Finance LLC, a Delaware limited liability company, as agent and lender, and the other financial institutions signatory thereto from time to time as lenders.
