SECOND AMENDED AND RESTATED DELAYED DRAW TERM NOTE 1AIntest Corp • January 6th, 2022 • Instruments for meas & testing of electricity & elec signals • Delaware
FOR VALUE RECEIVED AND INTENDING TO BE LEGALLY BOUND, INTEST CORPORATION, a Delaware corporation (the “Borrower”), hereby promises to pay to the order of M&T BANK (“Bank”), the principal sum of Four Million Five Hundred Thousand Dollars ($4,500,000), together with interest thereon upon the following terms:
SECOND AMENDED AND RESTATED SURETY AGREEMENTSurety Agreement • January 6th, 2022 • Intest Corp • Instruments for meas & testing of electricity & elec signals • Pennsylvania
THIS SECOND AMENDED AND RESTATED SURETY AGREEMENT (“Surety Agreement”) is made effective as of December 30, 2021 by AMBRELL CORPORATION, a Delaware corporation, INTEST SILICON VALLEY CORPORATION, a Delaware corporation, INTEST EMS, LLC, a Delaware limited liability company, TEMPTRONIC CORPORATION, a Delaware corporation, VIDEOLOGY IMAGING CORPORATION, a Delaware corporation (individually and collectively, jointly and severally, the “Existing Guarantors”) ACCULOGIC LTD., a Delaware corporation (“Acculogic” and the Existing Guarantors, individually and collectively, jointly and severally, the “Guarantor”) in favor of M&T BANK (together with its successors and assigns, “Bank”).
SECOND AMENDED AND RESTATED PATENTS, TRADEMARKS, COPYRIGHTS AND LICENSES SECURITY AGREEMENTCopyrights and Licenses Security Agreement • January 6th, 2022 • Intest Corp • Instruments for meas & testing of electricity & elec signals • Pennsylvania
THIS SECOND AMENDED AND RESTATED PATENTS, TRADEMARKS, COPYRIGHTS AND LICENSES SECURITY AGREEMENT (this “Security Agreement”) is made effective as of the 30th day of December, 2021 by and between INTEST CORPORATION, a Delaware corporation, (“Borrower”), AMBRELL CORPORATION, a Delaware corporation, INTEST SILICON VALLEY CORPORATION, a Delaware corporation, INTEST EMS, LLC, a Delaware limited liability company, TEMPTRONIC CORPORATION, a Delaware corporation, VIDEOLOGY IMAGING CORPORATION, a Delaware corporation (collectively, the “Existing Guarantors”), ACCULOGIC LTD., a Delaware corporation (“Acculogic” and together with the Existing Guarantors, individually and collectively, the “Guarantors” and together with Borrower, individually and collectively, jointly and severally, the “Assignor”) and M&T Bank (“Assignee”).
JOINDER AND SECOND AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • January 6th, 2022 • Intest Corp • Instruments for meas & testing of electricity & elec signals • Pennsylvania
THIS JOINDER AND SECOND AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (the “Amendment”) is effective as of December 30, 2021 (“Effective Date”), by and between INTEST CORPORATION, a Delaware corporation, (“Borrower”), AMBRELL CORPORATION, a Delaware corporation, INTEST SILICON VALLEY CORPORATION, a Delaware corporation, INTEST EMS, LLC, a Delaware limited liability company, TEMPTRONIC CORPORATION, a Delaware corporation, VIDEOLOGY IMAGING CORPORATION, a Delaware corporation (individually and collectively, jointly and severally, the “Original Guarantors”), ACCULOGIC LTD., a Delaware corporation (“Acculogic US”) and ACCULOGIC INC., an Ontario corporation (“Acculogic CAN” and together with Acculogic US and Original Guarantors, individually and collectively, jointly and severally, the “Guarantors”) and M&T Bank (together with its successors and assigns, “Bank”).
GENERAL SECURITY AGREEMENTGeneral Security Agreement • January 6th, 2022 • Intest Corp • Instruments for meas & testing of electricity & elec signals • Ontario
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Debtor, the Debtor hereby agrees as follows:
GUARANTEE AND INDEMNITY AGREEMENTGuarantee and Indemnity Agreement • January 6th, 2022 • Intest Corp • Instruments for meas & testing of electricity & elec signals • Ontario
WHEREAS INTEST CORPORATION (the "Borrower") is now indebted or liable and may hereafter become further indebted or liable to M&T BANK (the "Bank") pursuant to an amended and restated loan and security agreement dated as of October 15, 2021 between the Borrower and the Bank, as it may be amended, supplemented, otherwise modified, restated or replaced from time to time (the “Credit Agreement”);
PLEDGE AGREEMENTPledge Agreement • January 6th, 2022 • Intest Corp • Instruments for meas & testing of electricity & elec signals • Pennsylvania
THIS PLEDGE AGREEMENT (the “Pledge”) is made this 30th day of December, 2021, by INTEST CORPORATION, a Delaware corporation (the “Pledgor”) for benefit of M&T BANK (together with its successors and assigns, the “Lender”). Pledgor, intending to be legally bound, agrees as follows:
