CONSENT AND SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 12th, 2019 • AtriCure, Inc. • Surgical & medical instruments & apparatus
This Consent and Second Amendment to Loan and Security Agreement (this “Amendment”) is entered into this 12th day of August, 2019, among (a) SILICON VALLEY BANK, a California corporation (“SVB”), in its capacity as Administrative Agent (“Agent”), (b) SVB, and each other lender and other financial institutions party to the Loan Agreement (as defined below) from time to time (each, a “Lender” and collectively, the “Lenders”), and (c) (i) ATRICURE, INC., a Delaware corporation with its chief executive office located at 7555 Innovation Way, Mason, Ohio 45040 (“AtriCure”), (ii) ATRICURE, LLC, a Delaware limited liability company (“AtriCure LLC”), (iii) ENDOSCOPIC TECHNOLOGIES, LLC, a Delaware limited liability company (“Endoscopic”), and (iv) nCONTACT SURGICAL, LLC, a Delaware limited liability company (“nContact”, and together with AtriCure, AtriCure LLC and Endoscopic, individually and collectively, jointly and severally, the “Borrower”).
AGREEMENT AND PLAN OF MERGER BY AND AMONG SENTREHEART, INC., ATRICURE, INC., STETSON MERGER SUB, INC. SECOND STETSON MERGER SUB, LLC AND SHAREHOLDER REPRESENTATIVE SERVICES LLC, AS SECURITYHOLDER REPRESENTATIVE Dated as of August 11, 2019Agreement and Plan of Merger • August 12th, 2019 • AtriCure, Inc. • Surgical & medical instruments & apparatus • Delaware
THIS AGREEMENT AND PLAN OF MERGER (including any amendment hereto, this “Agreement”), dated as of August 11, 2019, is entered into by and among SentreHEART, Inc., a Delaware corporation (the “Company”), AtriCure, Inc., a Delaware corporation (“Parent”), Stetson Merger Sub, Inc., a Delaware corporation and wholly owned direct subsidiary of Parent (“Merger Sub 1”), Second Stetson Merger Sub, LLC, a Delaware limited liability company and wholly owned direct subsidiary of Parent (“Merger Sub 2”), and Shareholder Representative Services LLC, a Colorado limited liability company, solely in its capacity as representative, agent and attorney-in-fact of the Company Securityholders (the “Securityholder Representative,” with Parent, the Company, Merger Sub 1 and Merger Sub 2 sometimes being hereinafter referred to individually as a “Party” and collectively referred to as the “Parties”).
