CytoSorbents Corporation, A DELAWARE CORPORATION CytoSorbEnts Medical, Inc., a delaware corporation WESTERN ALLIANCE BANK, an arizona corporation AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 4th, 2018 • Cytosorbents Corp • Surgical & medical instruments & apparatus • California
This Amended and Restated Loan And Security Agreement (as the same may from time to time be amended, modified, supplemented or restated, this “Agreement”) is entered into as of March 29, 2018, by and between Western Alliance Bank, an Arizona corporation (“Bank”), and CytoSorbents Corporation, a Delaware corporation and CytoSorbents Medical, Inc., a Delaware corporation (individually and collectively, jointly and severally “Borrower”) and amends and restates in its entirety that certain Loan and Security Agreement dated as of June 30, 2016 by and between Bank and Borrower (the “Old Agreement”).
Success Fee Letter CytoSorbents CorporationCytosorbents Corp • April 4th, 2018 • Surgical & medical instruments & apparatus
Reference is herein made to that certain Amended and Restated Loan and Security Agreement (the “Loan Agreement”), dated as of even date herewith, by and between Western Alliance Bank, an Arizona corporation (“Bank”), and CytoSorbents Corporation, a Delaware corporation and CytoSorbents Medical, Inc., a Delaware corporation (individually and collectively, jointly and severally “Borrower”). CytoSorbents Corporation may be referred to herein as “Parent.” Capitalized terms used but not otherwise defined herein shall have the respective meanings given to them in the Loan Agreement. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Borrower hereby agrees to pay to the Bank, an amount equal to 6.37% of the original aggregate amount of Term B Loans made under the Loan Agreement (“Success Fee”), promptly upon the occurrence of the first Liquidity Event (as defined herein) after the date hereof in accordance with the payment instructions that th
