THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT, WAIVER AND FIRST AMENDMENT TO FEE LETTERLoan and Security Agreement • October 30th, 2019 • Apollo Endosurgery, Inc. • Surgical & medical instruments & apparatus
THIS THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT, WAIVER AND FIRST AMENDMENT TO FEE LETTER (this “Amendment”), dated as of October 25, 2019 (the “Amendment Effective Date”), is made by and among Apollo Endosurgery, Inc., a Delaware corporation (“Parent”), Apollo Endosurgery US, Inc., a Delaware corporation (“Apollo Endo”), Apollo Endosurgery International LLC, a Delaware limited liability company (“Apollo International”), Lpath Therapeutics Inc., a Delaware corporation (“Lpath”; together with Parent, Apollo Endo and Apollo International, individually and collectively, jointly and severally, “Borrower”), Solar Capital Ltd., a Maryland corporation (“Solar”), in its capacity as collateral agent (in such capacity, together with its successors and assigns in such capacity, “Collateral Agent”) and the Lenders listed on Schedule 1.1 of the Loan and Security Agreement (as defined below) or otherwise a party hereto from time to time including Solar in its capacity as a Lender (each a “Lender
