LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 22nd, 2007 • Cryocor Inc • Surgical & medical instruments & apparatus • California
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of June 21, 2007 (the “Effective Date”) between SILICON VALLEY BANK, a California corporation and with a loan production office located at 4445 Eastgate Mall Boulevard, Suite 110, San Diego, California 92121 (“SVB”), as agent (the “Agent”), and the Lenders listed on Schedule 1.1 thereof and otherwise party hereto, including without limitation, SVB, OXFORD FINANCE CORPORATION, (“Oxford”), ATEL VENTURES, INC. (“ATEL”) and CRYOCOR, INC., a Delaware corporation (“Borrower”), provides the terms on which Lenders shall lend to Borrower and Borrower shall repay Lenders. The parties agree as follows:
ContractWarrant Agreement • June 22nd, 2007 • Cryocor Inc • Surgical & medical instruments & apparatus • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.
