AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 23rd, 2017 • Cancer Genetics, Inc • Services-medical laboratories
THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of March 22, 2017 (the “Effective Date”) by and among (a) SILICON VALLEY BANK, a California corporation (“Bank”), and (b) (i) CANCER GENETICS, INC., a Delaware corporation (“Parent”) and (ii) GENTRIS, LLC, a Delaware limited liability company (“Delaware Subsidiary”; and together with Parent, individually and collectively, jointly and severally, “Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. This Agreement amends and restates in its entirety, and replaces, the terms of (and obligations outstanding under) that certain Loan and Security Agreement among Borrower and Bank dated as of May 7, 2015, as amended by that certain Consent and First Amendment to Loan and Security Agreement between Borrower and Bank dated as of February 9, 2016, and as further amended by that certain Waiver and Second Amendment to Loan and Security Agreement between Borrower and Bank
Loan and Security AgreementLoan and Security Agreement • March 23rd, 2017 • Cancer Genetics, Inc • Services-medical laboratories • California
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) is entered into on the above date (the “Effective Date”) between PARTNERS FOR GROWTH IV, L.P. (“PFG”), whose address is 1660 Tiburon Blvd., Suite D, Tiburon, CA 94920 and Parent and Gentris (collectively, jointly and severally, “Borrower”), whose chief executive offices are located at the addresses set forth below their respective names above (with respect to each Borrower, such “Borrower’s Address”). The Schedule to this Agreement (the “Schedule”) being signed by the parties concurrently with the execution and delivery of this Agreement is an integral part of this Agreement. Definitions of certain terms used in this Agreement are set forth in Section 7 below.
WARRANTWarrant Agreement • March 23rd, 2017 • Cancer Genetics, Inc • Services-medical laboratories • Delaware
THIS WARRANT ("WARRANT") TO PURCHASE SHARES IN THE CAPITAL OF CANCER GENETICS, INC., A DELAWARE CORPORATION (THE “COMPANY”) IS ISSUED ON THE ISSUE DATE PURSUANT TO THE TERMS OF THAT CERTAIN LOAN AND SECURITY AGREEMENT BETWEEN THE COMPANY AND PARTNERS FOR GROWTH IV, L.P. (“PFG” AND SUCH AGREEMENT, THE “LOAN AGREEMENT”). THIS WARRANT AND THE UNDERLYING SHARES ARE SOLD IN A PRIVATE TRANSACTION, WITHOUT REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND REGULATIONS PROMULGATED THEREUNDER (THE "SECURITIES ACT") OR THE SECURITIES LAWS OF ANY STATE, AND MAY BE OFFERED OR SOLD ONLY IF REGISTERED UNDER THE SECURITIES ACT AND SUCH LAWS OR IF AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT AND SUCH LAWS IS AVAILABLE.
