ContractWarrant Agreement • October 25th, 2013 • InspireMD, Inc. • Surgical & medical instruments & apparatus • California
THESE SECURITIES HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR ANY STATE SECURITIES LAWS. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT RELATED THERETO OR AN OPINION OF COUNSEL (WHICH MAY BE COMPANY COUNSEL) REASONABLY SATISFACTORY TO THE COMPANY THAT SUCH REGISTRATION IS NOT REQUIRED UNDER THE ACT, OR ANY APPLICABLE STATE SECURITIES LAWS.
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • October 25th, 2013 • InspireMD, Inc. • Surgical & medical instruments & apparatus • California
THIS LOAN AND SECURITY AGREEMENT is made and dated as of October 23, 2013 and is entered into by and among (a) INSPIREMD, INC., a Delaware corporation (“US Borrower”), and INSPIRE M.D LTD, a company organized under the laws of the State of Israel (“ISR Borrower”) (US Borrower and ISR Borrower are hereinafter jointly and severally, individually and collectively, referred to as “Borrower”), and (b) HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation (“Lender”).
DEPOSIT ACCOUNT CONTROL AGREEMENTDeposit Account Control Agreement • October 25th, 2013 • InspireMD, Inc. • Surgical & medical instruments & apparatus • New York
Customer has granted Creditor a security interest in a deposit account maintained by Bank for Customer and in all funds heretofore or hereafter deposited into that account, including any interest earned thereon. The Parties are entering into this agreement to perfect Creditor’s security interest in that account.
