SECURITY AGREEMENTSecurity Agreement • January 4th, 2019 • Ecoark Holdings, Inc. • Plastics products, nec • New York
This SECURITY AGREEMENT (as the same may be amended, restated or otherwise modified, this “Agreement”) is made this 28th day of December, 2018, between ZEST LABS, INC., a Delaware corporation, with offices at 2349 Bering Drive, San Jose, CA 95131 (“Grantor”), and TREND DISCOVERY SPV I, LLC, a Delaware limited liability company, with offices at 7 Wells Street, Suite 302D, Saratoga Springs, NY 12866, and its successors and assigns (“Lender”).
Demand NoteDemand Note • January 4th, 2019 • Ecoark Holdings, Inc. • Plastics products, nec • Nevada
As used herein, “Loan Agreement” means the Loan and Security Agreement dated as of December 27, 2018, between Borrower and Lender, as the same may from time to time be amended, restated or otherwise modified. Each capitalized term used herein that is defined in the Loan Agreement and not otherwise defined herein shall have the meaning ascribed to it in the Loan Agreement.
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • January 4th, 2019 • Ecoark Holdings, Inc. • Plastics products, nec • New York
This LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of December 28, 2018 (the “Effective Date”) is between TREND DISCOVERY SPV I, LLC, a Delaware limited liability company (“Lender”), and ECOARK HOLDINGS, INC., a Nevada corporation (“Borrower”), and provides the terms on which Lender shall lend to Borrower, and Borrower shall repay Lender. The parties agree as follows:
