SECOND LIEN LETTER OF CREDIT, LOAN AND SECURITY AGREEMENT by and among LIGHTING SCIENCE GROUP CORPORATION as Borrower BIOLOGICAL ILLUMINATION, LLC and LSGC, LLC as Guarantors THE LENDERS FROM TIME TO TIME PARTY HERETO and ARES CAPITAL CORPORATION as...Loan and Security Agreement • September 27th, 2011 • Lighting Science Group Corp • Electric lighting & wiring equipment • New York
This Second Lien Letter of Credit, Loan and Security Agreement, dated September 20, 2011 (this “Agreement” as hereinafter further defined), is entered into by and among LIGHTING SCIENCE GROUP CORPORATION, a Delaware corporation (“Borrower” as hereinafter further defined), BIOLOGICAL ILLUMINATION, LLC, a Delaware limited liability company (“Biological”), LSGC, LLC, a Delaware limited liability company (“LSGC”, and together with Biological and any other Person that at any time after the date hereof becomes a party hereto as a Guarantor, each individually a “Guarantor” and collectively, the “Guarantors” as hereinafter further defined), the parties hereto from time to time as lenders, whether by execution of this Agreement or by assignment in accordance with the provisions of Section 13.7 hereof (each individually, a “Lender” and collectively, the “Lenders” as hereinafter further defined), and ARES CAPITAL CORPORATION, a Maryland corporation (“Ares Capital”), in its capacity as agent for I
AMENDMENT NO. 4 TO LOAN AND SECURITY AGREEMENT, CONSENT AND WAIVERLoan and Security Agreement • September 27th, 2011 • Lighting Science Group Corp • Electric lighting & wiring equipment • New York
WELLS FARGO BANK, NATIONAL ASSOCIATION, in its capacity as agent (in such capacity, “Agent”) pursuant to the Loan Agreement (as hereinafter defined) acting for and on behalf of the Secured Parties (as defined in the Loan Agreement), and the parties to the Loan Agreement as lenders (individually, each a “Lender” and collectively, “Lenders”) have entered into financing arrangements pursuant to which Agent and Lenders may make loans and advances and provide other financial accommodations to LIGHTING SCIENCE GROUP CORPORATION, a Delaware corporation (“Lighting Science”), as set forth in the Loan and Security Agreement, dated November 22, 2010, by and among Lighting Science, the other Borrowers (as defined in the Loan Agreement), BIOLOGICAL ILLUMINATION, LLC, a Delaware limited liability company (“Biological”), LSGC, LLC, a Delaware limited liability company (“LSGC”, and together with Biological and any other Person that at any time after the date hereof becomes a Guarantor, each individual
