CREDIT AND SECURITY AGREEMENT dated as of April 23, 2012 by and among BACTERIN INTERNATIONAL HOLDINGS, INC., and BACTERIN INTERNATIONAL, INC., each individually, as a Borrower and collectively, as the Borrowers, and MIDCAP FINANCIAL, LLC, as...Credit and Security Agreement • April 24th, 2012 • Bacterin International Holdings, Inc. • Biological products, (no disgnostic substances) • Maryland
THIS CREDIT AND SECURITY AGREEMENT (as the same may be amended, supplemented, restated or otherwise modified from time to time, the “Agreement”) is dated as of April 23, 2012, by and among BACTERIN INTERNATIONAL HOLDINGS, INC., a Delaware corporation, and BACTERIN INTERNATIONAL, INC., a Nevada corporation, and any additional borrower that may hereafter be added to this Agreement (each individually as a “Borrower”, and collectively as “Borrowers”), MIDCAP FINANCIAL, LLC, a Delaware limited liability company, individually as a Lender, and as Agent, and the financial institutions or other entities from time to time parties hereto, each as a Lender.
First LOAN MODIFICATION AGREEMENTFirst Loan Modification Agreement • April 24th, 2012 • Bacterin International Holdings, Inc. • Biological products, (no disgnostic substances) • Maryland
This First Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of April 23, 2012 (the “First Loan Modification Closing Date”), by and among (i) MIDCAP FUNDING III, LLC, a Delaware limited liability company with an office located at 7255 Woodmont Avenue, Suite 200, Bethesda, Maryland 20814 (“MidCap”), as administrative agent (“Agent”); (ii) MidCap as a “Lender”; (iii) SILICON VALLEY BANK, a California corporation with a loan production office located at 380 Interlocken Crescent, Suite 600, Broomfield, Colorado 80021 (“SVB”), as a “Lender” (MidCap and SVB in their capacities as a “Lender” are each referred to herein as a “Lender”, and are collectively referred to herein as the “Lenders”); and (iv) BACTERIN INTERNATIONAL HOLDINGS, INC., a Delaware corporation (“Bacterin International Holdings”) and BACTERIN INTERNATIONAL, INC., a Nevada corporation (“Bacterin International”; Bacterin International and Bacterin International Holdings are referred to herein i
