Loan and Security AgreementLoan and Security Agreement • February 14th, 2013 • Advanced Photonix Inc • Semiconductors & related devices • California
THIS LOAN AND SECURITY AGREEMENT (“Agreement”) is entered into on the above date (the “Effective Date”) between PARTNERS FOR GROWTH III, L.P. (“PFG”), whose address is 150 Pacific Avenue, San Francisco, CA 94111 and the borrower(s) named above (jointly and severally, the “Borrower”), whose chief executive offices are located at the above addresses (“Borrower’s Address”). The Schedule to this Agreement (the “Schedule”) being signed by the parties concurrently, is an integral part of this Agreement. (Definitions of certain terms used in this Agreement are set forth in Section 7 below.)
WARRANTAdvanced Photonix Inc • February 14th, 2013 • Semiconductors & related devices • Delaware
THIS WARRANT (“WARRANT”) WAS SOLD IN A PRIVATE TRANSACTION, WITHOUT REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”) OR THE SECURITIES LAWS OF ANY STATE. THESE SECURITIES MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED EXCEPT AS PERMITTED UNDER THE SECURITIES ACT AND APPLICABLE STATE SECURITIES LAWS IN ACCORDANCE WITH APPLICABLE REGISTRATION REQUIREMENTS OR AN EXEMPTION THEREFROM. THE ISSUER OF THESE SECURITIES MAY REQUIRE AN OPINION OF COUNSEL IN CUSTOMARY FORM TO THE ISSUER THAT SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION OTHERWISE COMPLIES WITH THE ACT AND ANY APPLICABLE STATE SECURITIES LAWS.
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 14th, 2013 • Advanced Photonix Inc • Semiconductors & related devices
THIS SECOND AMENDMENT to Loan and Security Agreement (this “Amendment”) is entered into as of February __, 2013, by and between Silicon Valley Bank (“Bank”) and ADVANCED PHOTONIX, INC., and PICOMETRIX, LLC (individually, a “Borrower” and, collectively, the “Borrowers”).
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (EX-IM LOAN FACILITY)Loan and Security Agreement • February 14th, 2013 • Advanced Photonix Inc • Semiconductors & related devices
THIS SECOND AMENDMENT to Loan and Security Agreement (Ex-Im Loan Facility) (this “Amendment”) is entered into as of February __, 2013, by and among Silicon Valley Bank (“Bank”) and ADVANCED PHOTONIX, INC. and PICOMETRIX, LLC (individually, a “Borrower” and, collectively, the “Borrowers”).
