FIRST AMENDMENT TO MEMBERSHIP INTEREST PURCHASE AGREEMENTMembership Interest Purchase Agreement • August 5th, 2020 • Nephros Inc • Surgical & medical instruments & apparatus
THIS FIRST AMENDMENT TO MEMBERSHIP INTEREST PURCHASE AGREEMENT (this “Amendment”) is entered into as of June 24, 2020, by and between Nephros, Inc. (“Purchaser”) and Gregory Lucas (the “Member”). Capitalized terms used but not defined in this Amendment will have the meanings ascribed to them pursuant to the MIPA (defined below).
AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 5th, 2020 • Nephros Inc • Surgical & medical instruments & apparatus • California
This Amended and Loan and Security Agreement (as amended hereafter, this “Agreement”) is entered into as of May 26th, 2020 and confirms the understanding and agreement by and between TECH CAPITAL, LLC, a California limited liability company (“Lender”), with its headquarters at 2010 North First Street, Suite 300, San Jose, California 95131 (Facsimile No. 408-467-2393), and NEPHROS, INC., a Delaware corporation (“Borrower”), with its headquarters at 380 Lackawanna Place, South Orange, NJ 07079 (its “Chief Executive Office”) (Facsimile No. 202-343-5207), regarding the loans to be made by Lender and Lender’s terms and conditions.
SBA Loan #: [omitted]Nephros Inc • August 5th, 2020 • Surgical & medical instruments & apparatus • California
This Note represents the Loan (as defined below) made by Lender pursuant to the Paycheck Protection Program (the “PPP”). Borrower confirms and agrees that the Loan is subject in all respects to the Coronavirus Aid, Relief, and Economic Security Act and the requirements, rules, regulations, procedures and guidance concerning the PPP in effect as of the date of this Note and as may be promulgated from time to time after the date of this Note by the U.S. Department of Treasury and/or SBA (collectively, the “PPP Regulations”), including, without limitation, all PPP Regulations applicable to permitted uses of loan proceeds and loan forgiveness.
