LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 31st, 2016 • Xtant Medical Holdings, Inc. • Biological products, (no disgnostic substances) • Ohio
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of May 25, 2016 (the “Effective Date”) between (i) SILICON VALLEY BANK, a California corporation (“Bank”), and (ii) XTANT MEDICAL HOLDINGS, INC., a Delaware corporation (“Holdings”), BACTERIN INTERNATIONAL, INC., a Nevada corporation (“Bacterin”), X-SPINE SYSTEMS, INC., an Ohio corporation (“X-spine”), and XTANT MEDICAL, INC., a Delaware corporation (“Xtant”, and together with Holdings, Bacterin and X-spine, individually and collectively, jointly and severally, the “Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
INTELLECTUAL PROPERTY SECURITY AGREEMENTIntellectual Property Security Agreement • May 31st, 2016 • Xtant Medical Holdings, Inc. • Biological products, (no disgnostic substances)
This Intellectual Property Security Agreement (this “Agreement”) is entered into as of May 25, 2016 by and among (i) SILICON VALLEY BANK (“Bank”) and (ii) XTANT MEDICAL HOLDINGS, INC., a Delaware corporation (“Holdings”), BACTERIN INTERNATIONAL, INC., a Nevada corporation (“Bacterin”), X-SPINE SYSTEMS, INC., an Ohio corporation (“X-spine”), and XTANT MEDICAL, INC., a Delaware corporation (“Xtant”, and together with Holdings, Bacterin and X-spine, individually and collectively, jointly and severally, the “Grantor”).
