LOAN AND SECURITY AGREEMENT by and among HORIZON CREDIT III LLC as Borrower, THE LENDERS THAT ARE SIGNATORIES HERETO as the Lenders, and FORTRESS CREDIT CO LLC as Administrative Agent, Dated as of August 23, 2012Loan and Security Agreement • August 23rd, 2012 • Horizon Technology Finance Corp • New York
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”), is entered into as of August 23, 2012, between and among, on the one hand, the lenders identified on the signature pages hereof (such lenders, together with their respective successors and assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), FORTRESS CREDIT CO LLC, as administrative agent for the Lenders (in such capacity, “Agent”) and as arranger, and, on the other hand, HORIZON CREDIT III LLC, a Delaware limited liability company (“Borrower”) and joined by HORIZON TECHNOLOGY FINANCE CORPORATION, a Delaware corporation (“Horizon”), and HORIZON TECHNOLOGY FINANCE MANAGEMENT LLC, a Delaware limited liability company (“Horizon Management”) solely for the limited purpose of agreeing to and being bound by Section 11.3(b) and making the representations specifically applicable to them in Section 5 and the negative covenants specifically applicable to them in Section 7.
SALE AND SERVICING AGREEMENT Among HORIZON CREDIT III LLC, as the Buyer, And HORIZON TECHNOLOGY FINANCE CORPORATION, as the Originator, And HORIZON TECHNOLOGY FINANCE MANAGEMENT LLC, as the Servicer, And U.S. BANK NATIONAL ASSOCIATION, as the...Sale and Servicing Agreement • August 23rd, 2012 • Horizon Technology Finance Corp • New York
This Sale and Servicing Agreement is entered into as of August 23, 2012, by and among Horizon Credit III LLC, a Delaware limited liability company, as the Buyer, Horizon Technology Finance Corporation, a Delaware corporation, as the Originator, Horizon Technology Finance Management LLC, a Delaware limited liability company, as the Servicer, U.S. Bank National Association, a national banking association, as the Collateral Custodian and as Back-up Servicer, and Fortress Credit Co LLC, a Delaware limited liability company, as the Agent for Lenders under the Loan Agreement (as hereinafter defined).
