LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 26th, 2008 • Apex Bioventures Acquisition Corp • Blank checks • Massachusetts
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of February 20, 2008 (the "Effective Date") between SILICON VALLEY BANK, a California corporation and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 ("SVB"), as collateral agent (the "Collateral Agent"), and the Lenders listed on Schedule 1.1 thereof and party hereto, including without limitation, SVB and OXFORD FINANCE CORPORATION ("OXFORD") and DYNOGEN PHARMACEUTICALS, INC. a Delaware corporation (“Borrower”), provides the terms on which Lenders shall lend to Borrower and Borrower shall repay Lenders. The parties agree as follows:
