OPTEX SYSTEMS, INC. PENINSULA BANK BUSINESS FUNDING, A DIVISION OF THE PRIVATE BANK OF THE PENINSULA LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 14th, 2010 • Optex Systems Holdings Inc • Optical instruments & lenses • California
This Loan And Security Agreement is entered into as of March 4, 2010, by and between Peninsula Bank Business Funding, a division of The Private Bank of the Peninsula (“Bank”) and OPTEX SYSTEMS, INC. a Delaware corporation (“Borrower”).
ALLONGE TO PROMISSORY NOTEPromissory Note • June 14th, 2010 • Optex Systems Holdings Inc • Optical instruments & lenses
This Allonge (“Allonge”) to Promissory Note (“Note”), dated October 27, 2009, by Optex Systems Holdings, Inc. (“Debtor”) in favor of Longview Fund, L.P. (Lender”).
ContractWarrant Agreement • June 14th, 2010 • Optex Systems Holdings Inc • Optical instruments & lenses • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND MAY NOT BE SOLD, PLEDGED OR OTHERWISE TRANSFERRED WITHOUT AN EFFECTIVE REGISTRATION THEREOF OR IN ACCORDANCE WITH APPLICABLE LAW.
UNCONDITIONAL GUARANTYUnconditional Guaranty • June 14th, 2010 • Optex Systems Holdings Inc • Optical instruments & lenses • California
For and in consideration of the loan by Peninsula Bank Business Funding, a division of The Private Bank of the Peninsula (“Bank”), to Optex Systems, Inc., a Delaware corporation (“Borrower”), which loan is made pursuant to a Loan and Security Agreement between Borrower and Bank dated of even date (the “Agreement”), and acknowledging that Bank would not enter into the Agreement without the benefit of this Guaranty, the undersigned guarantor (“Guarantor”) hereby unconditionally and irrevocably guarantees the prompt and complete payment of all amounts that Borrower owes to Bank and performance by Borrower of the Agreement and any other agreements between Borrower and Bank, as amended from time to time (collectively referred to as the “Agreements”), in strict accordance with their respective terms, including without limitation all debt, principal, interest, Bank Expenses and other amounts owed to Bank by Borrower pursuant to the Agreements, whether absolute or contingent, due or to become
THIRD AMENDMENT TO LEASELease • June 14th, 2010 • Optex Systems Holdings Inc • Optical instruments & lenses • Texas
This THIRD AMENDMENT TO LEASE (this “Amendment”) is entered on and to be effective as of, although not necessarily executed on, 2010 (the “Effective Date”), by and between ACQUIPORT DFWLP, INC., a Delaware corporation, as landlord (“Landlord”), and OPTEX SYSTEMS INC., a Delaware corporation (“Tenant”).
APPENDIX B SOLICITATION RESPONSE CONTRACT ATTACHEDContract • June 14th, 2010 • Optex Systems Holdings Inc • Optical instruments & lenses
INVESTOR RELATIONS AGREEMENTInvestor Relations Agreement • June 14th, 2010 • Optex Systems Holdings Inc • Optical instruments & lenses • Delaware
This Agreement is made as of this 1st day of April 2009, by and between Optex Systems (the “Company” or “OPTX”), a corporation duly organized and existing under the laws of the State of Delaware, having its principal place of business at 1420 Presidential Drive, Richardson, TX. 75081 and American Capital Ventures, Inc. (the “Consultant”), a corporation duly organized and existing under the laws of the State of Florida, with offices at 2875 N.E. 191st Street, Suite 904, Aventura, Florida 33180.
