LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 9th, 2012 • Biolase, Inc • Dental equipment & supplies • California
This Loan and Security Agreement (this “Agreement”) is entered into as of May 24, 2012, by and between Comerica Bank (“Bank”) and Biolase, Inc., a Delaware corporation (“Borrower”).
EXPORT-IMPORT BANK OF THE UNITED STATES WORKING CAPITAL GUARANTEE PROGRAM BORROWER AGREEMENTBorrower Agreement • August 9th, 2012 • Biolase, Inc • Dental equipment & supplies
THIS BORROWER AGREEMENT (this “Agreement”) is made and entered into by the entity identified as Borrower on the signature page hereof (“Borrower”) in favor of the Export- Import Bank of the United States (“Ex-Im Bank”) and the institution identified as Lender on the signature page hereof (“Lender”).
ContractWarrant Agreement • August 9th, 2012 • Biolase, Inc • Dental equipment & supplies • Delaware
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR ANY APPLICABLE STATE SECURITIES LAWS, AND, EXCEPT AND PURSUANT TO THE PROVISIONS OF ARTICLE 4 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED WITHOUT AN EFFECTIVE REGISTRATION THEREOF UNDER THE ACT AND ANY APPLICABLE STATE SECURITIES LAWS, OR PURSUANT TO RULE 144 OR AN EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE ACT AND ANY APPLICABLE STATE SECURITIES LAWS.
AMENDMENT NO. 1 TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 9th, 2012 • Biolase, Inc • Dental equipment & supplies • California
This Amendment No. 1 to Loan and Security Agreement (“Amendment”) is made on August 6, 2012 (“Amendment No. 1 Effective Date”) between Biolase, Inc., a Delaware corporation (“Borrower”) and Comerica Bank, a Texas banking association, (“Bank”).
AMENDMENT NO. 1 TO WARRANT TO PURCHASE COMMON STOCKWarrant to Purchase Common Stock • August 9th, 2012 • Biolase, Inc • Dental equipment & supplies
This Amendment No. 1 to Warrant to Purchase Common Stock (“Amendment”) is made, delivered, and effective as of August 6, 2012, by and between Biolase, Inc., a Delaware corporation (“Company”) and Comerica Ventures Incorporated, a California corporation (“Comerica Ventures”) in order to amend the Warrant to Purchase Common Stock dated May 24, 2012, issued by Company to Comerica Bank, a Texas banking association (“Warrant”), which Warrant has been transferred to Comerica Ventures.
