ContractWarrant Agreement • July 14th, 2006 • Babyuniverse, Inc. • Retail-nonstore retailers • California
THIS WARRANT AND THE SECURITIES ISSUABLE ON EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 AS AMENDED, OR ANY STATE SECURITIES LAWS. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT RELATED THERETO OR AN OPINION OF COUNSEL (WHICH MAY BE COMPANY COUNSEL) REASONABLY SATISFACTORY TO THE COMPANY THAT SUCH REGISTRATION IS NOT REQUIRED UNDER THE SECURITIES ACT OF 1933 ACT AS AMENDED, OR ANY APPLICABLE STATE SECURITIES LAWS.
SENIOR LOAN AND SECURITY AGREEMENTSenior Loan and Security Agreement • July 14th, 2006 • Babyuniverse, Inc. • Retail-nonstore retailers • California
THIS SENIOR LOAN AND SECURITY AGREEMENT is made and dated as of July 11, 2006 (the “Closing Date”) and is entered into by and between BabyUniverse, Inc., a Florida corporation, and each of its subsidiaries, (hereinafter collectively referred to as the “Borrower”), with its chief executive office and principal place of business located at 150 South U.S. Highway One, Suite 500, Jupiter, Florida, 33477and HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation (“Lender”), with its principal place of business located at 525 University Avenue, Suite 700, Palo Alto, CA 94301. In consideration of the mutual agreements contained herein, the parties hereto agree as follows:
