LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 30th, 2011 • Complete Genomics Inc • Services-commercial physical & biological research • California
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of March 25, 2011 (the “Effective Date”) between (i) OXFORD FINANCE CORPORATION, a Delaware corporation (“Lender”), and (ii) COMPLETE GENOMICS, INC., a Delaware corporation (“Borrower”), provides the terms on which Lender shall lend to Borrower and Borrower shall repay Lender. The parties agree as follows:
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT NO. COMPXLoan and Security Agreement • March 30th, 2011 • Complete Genomics Inc • Services-commercial physical & biological research • California
This FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT NO. COMPX (this “Amendment”), dated as of March 25, 2011, amends and provides Lender’s consent under the Loan and Security Agreement No. Compx, dated as of December 17, 2010 (as amended, supplemented, restated or modified from time to time, the “ATEL Loan Agreement”), between COMPLETE GENOMICS, INC., a Delaware corporation (“Borrower”), and ATEL VENTURES, INC., a California corporation (“Lender”). Capitalized terms used herein but not defined herein have the meanings given in the ATEL Loan Agreement and the rules of interpretation set forth therein shall apply hereto. Unless otherwise noted, all section references used herein are to provisions of the ATEL Loan Agreement.
WARRANT TO PURCHASE COMMON STOCK Warrant No. 2010-[42]Complete Genomics Inc • March 30th, 2011 • Services-commercial physical & biological research • California
THIS WARRANT CERTIFIES THAT, for the agreed upon purchase price of $ 1.00 and for other good and valuable consideration, including the execution and delivery of that certain Loan and Security Agreement dated as of December 17, 2010 (the “Loan Agreement”), this Warrant is issued to ATEL VENTURES, INC., in its capacity as Trustee for its assignee affiliated funds identified in that certain Amendment and Restatement of Inter-Company Trust Agreement for Warrants dated as of January 1, 2007, as amended by Amendment No. 1 dated as of March 15, 2010, and as may be further amended and restated from time to time, and deemed effective as of July 20, 2004, (“Holder”) by COMPLETE GENOMICS, INC., a Delaware corporation (the “Company”).
ContractLoan and Security Agreement • March 30th, 2011 • Complete Genomics Inc • Services-commercial physical & biological research • California
This LOAN AND SECURITY AGREEMENT is entered into as of December 15, 2010, by and between COMERICA BANK (“Bank”) and COMPLETE GENOMICS, INC. (“Borrower”).
COMPLETE GENOMICS, INC. LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 30th, 2011 • Complete Genomics Inc • Services-commercial physical & biological research • California
This LOAN AND SECURITY AGREEMENT NO. COMPX (“Agreement”) is entered into as of December 17, 2010, by and between ATEL VENTURES, INC., (“Lender”) and COMPLETE GENOMICS, INC. (“Borrower”).
ContractComplete Genomics Inc • March 30th, 2011 • Services-commercial physical & biological research • 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, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAWS OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE, PLEDGE, HYPOTHECATION OR OTHER TRANSFER IS EXEMPT FROM REGISTRATION.
