LOAN AND SECURITY AGREEMENT Dated as of September 5, 2007 between EMPHASYS MEDICAL, INC. a Delaware corporation, as “Borrower”, and VENTURE LENDING & LEASING IV, INC., a Maryland corporation, and VENTURE LENDING & LEASING V, INC., a Maryland...Loan and Security Agreement • October 29th, 2007 • Emphasys Medical, Inc. • Surgical & medical instruments & apparatus • California
The Borrower and each of Venture Lending & Leasing IV, Inc. (“VLL4”) and Venture Lending & Leasing V, Inc. (“VLL5”) have entered or anticipate entering into one or more transactions pursuant to which each Lender severally and not jointly agrees to make available to Borrower a loan facility governed by the terms and conditions set forth in this document and one or more Supplements executed by Borrower and Lender which incorporate this document by reference. Each Supplement constitutes a supplement to and forms part of this document, and will be read and construed as one with this document, so that this document and the Supplement constitute a single agreement between the parties (collectively referred to as this “Agreement”).
CROSS-LICENSE AGREEMENTCross-License Agreement • October 29th, 2007 • Emphasys Medical, Inc. • Surgical & medical instruments & apparatus • Delaware
This cross-license agreement is effective this 21st day of January, 2005 (“Effective Date”), by and between SPIRATION, Inc., a Delaware corporation with principal offices in Redmond, Washington, (hereinafter “Spiration”), and EMPHASYS MEDICAL, INC., a Delaware corporation with principal offices in Redwood City, California (hereinafter “Emphasys”).
