LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 3rd, 2013 • Baxano Surgical, Inc. • Surgical & medical instruments & apparatus
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of March 15, 2012 (the “Effective Date”) among OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 133 North Fairfax Street, Alexandria, Virginia 22314 (“Oxford”), as collateral agent (in such capacity, “Collateral Agent”), the Lenders listed on Schedule 1.1 hereof or otherwise a party hereto from time to time including Oxford in its capacity as a Lender and SILICON VALLEY BANK, a California corporation with an office located at 3003 Tasman Drive, Santa Clara, CA 95054 (“Bank” or “SVB”) (each a “Lender” and collectively, the “Lenders”), and BAXANO, INC., a Delaware corporation with offices located at 655 River Oaks Parkway, San Jose, CA 95143 (“Borrower”), provides the terms on which the Lenders shall lend to Borrower and Borrower shall repay the Lenders. The parties agree as follows:
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 3rd, 2013 • Baxano Surgical, Inc. • Surgical & medical instruments & apparatus
THIS FIRST AMENDMENT to Loan and Security Agreement (this “Amendment”) is entered into as of May 31, 2013, by and among OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 133 North Fairfax Street, Alexandria, Virginia 22314 (“Oxford”), as collateral agent (in such capacity, “Collateral Agent”), the Lenders listed on Schedule 1.1 of the Loan Agreement (as defined below) or otherwise party thereto from time to time (each a “Lender” and collectively, the “Lenders”) including Oxford in its capacity as a Lender and SILICON VALLEY BANK, a California corporation with an office located at 3003 Tasman Drive, Santa Clara, CA 95054 (“Bank” or “SVB”), and BAXANO SURGICAL, INC. (“New Borrower”) (formerly known as TRANS1 INC.), a Delaware corporation with offices located at 110 Horizon Drive, Raleigh, NC 27615, as successor by merger to BAXANO, INC., a Delaware corporation with offices located at 655 River Oaks Parkway, San Jose, CA 95143 (“Original Borrower”).
EMPLOYMENT AGREEMENTEmployment Agreement • June 3rd, 2013 • Baxano Surgical, Inc. • Surgical & medical instruments & apparatus • North Carolina
This Employment Agreement (the “Agreement”) is made and entered into effective as of the Effective Date (as defined in Section 4 below) (the “Effective Date”), by and between Greg Welsh (the “Employee”) and TranS1 Inc., a Delaware Corporation (the “Company”).
