SECOND AMENDED AND RESTATED SECURITY AGREEMENTSecurity Agreement • September 4th, 2020 • Flux Power Holdings, Inc. • Miscellaneous electrical machinery, equipment & supplies • California
THIS SECOND AMENDED AND RESTATED SECURITY AGREEMENT (this “Agreement”), dated as of August 31, 2020, is by and among Flux Power, Inc., a California corporation (the “Company”), Esenjay Investments, LLC, Cleveland Capital, L.P., Otto Candies, Jr., Paul Candies, Brett Candies, Winn Interest, Ltd., and Tabone Family Partnership (as assignee to the interests, rights and obligations of Helen M. Tabone*), and additional parties that join this Agreement as a secured party pursuant to Section 17(k) (each a “Secured Party,” and collectively, the “Secured Parties”), and Esenjay Investments, LLC, in its capacity as the “Collateral Agent” (as defined in Section 1 herein below).
AMENDED AND RESTATED SECURED PROMISSORY NOTESecured Promissory Note • September 4th, 2020 • Flux Power Holdings, Inc. • Miscellaneous electrical machinery, equipment & supplies • California
This Note is made and delivered by Company to Holder pursuant to the terms of the Credit Facility Agreement. Under the Credit Facility Agreement, Holder, at its sole discretion and along with other Lenders (as defined in the Credit Facility Agreement), agreed to advance funds up to a maximum of Twelve Million Dollars ($12,000,000) to Company, from time to time, to be used by Company to purchase inventory and related operational support expenses. All capitalized terms used and not defined herein shall have the meanings ascribed to them in the Credit Facility Agreement. Pursuant to the Credit Facility Agreement, this Note supersedes in its entirety the Secured Promissory Note issued to Holder, in its entirety as amended thereafter from time to time in connection with the LOC (the “Original Note”).
THIRD AMENDED AND RESTATED CREDIT FACILITY AGREEMENTCredit Facility Agreement • September 4th, 2020 • Flux Power Holdings, Inc. • Miscellaneous electrical machinery, equipment & supplies • California
THIS THIRD AMENDED AND RESTATED CREDIT FACILITY AGREEMENT (this “Agreement”), dated as of August 31, 2020, by and among Flux Power, Inc., a California corporation (“Borrower”), Esenjay Investments, LLC, Cleveland Capital, L.P., Otto Candies, Jr., Paul Candies, Brett Candies, Winn Interest, Ltd., and Tabone Family Partnership (as assignee to the interests, rights and obligations of Helen M. Tabone*)(collectively, the “Other Lenders”), and additional parties who may subsequently become a party to this Agreement as a lender pursuant to Section 15 hereof (“Additional Lenders,” and together with Esenjay and Other Lenders, the “Lenders”).
