THE ORCHARD ENTERPRISES, INC. DIGITAL RIGHTS AGENCY, INC. ORCHARD ENTERPRISES NY, INC. PENINSULA BANK BUSINESS FUNDING, A DIVISION OF THE PRIVATE BANK OF THE PENINSULA LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 11th, 2009 • Orchard Enterprises, Inc. • Patent owners & lessors • California
Contract Type FiledFebruary 11th, 2009 Company Industry JurisdictionThis Loan And Security Agreement is entered into as of February 5, 2009, by and between Peninsula Bank Business Funding, a division of The Private Bank of the Peninsula (“Bank”) and The Orchard Enterprises, Inc. (“Orchard” or “Lead Borrower”), a corporation formed under the laws of the State of Delaware, Digital Rights Agency, Inc. (“Digital”), a corporation formed under the laws of the State of California and a wholly owned subsidiary of Orchard, and Orchard Enterprises NY, Inc. (“Orchard NY” and collectively with Digital and Orchard, “Borrowers” and each a “Borrower”), a corporation formed under the laws of the State of New York and a wholly owned subsidiary of Orchard.