LOAN AND SECURITY AGREEMENT Dated as of June 15, 2023 among BEYOND AIR, INC., a Delaware corporation, as “Borrower”,Loan and Security Agreement • June 20th, 2023 • Beyond Air, Inc. • Surgical & medical instruments & apparatus • New York
Borrower, Israeli Guarantor, Lenders and Agent have entered or anticipate entering into one or more transactions pursuant to which each Lender agrees to make available to Borrower a loan facility governed by the terms and conditions set forth in this document and one or more Supplements executed by Borrower, Lenders and Agent which incorporate this document by reference. Each Supplement constitutes a supplement to and forms part of this document, and will be read and construed as one with this document, so that this document and the Supplement constitute a single agreement between the parties (collectively referred to as this “Agreement”).
WARRANT TO PURCHASE SHARES OF COMMON STOCK OF BEYOND AIR, INC. (Void after June 15, 2028)Beyond Air, Inc. • June 20th, 2023 • Surgical & medical instruments & apparatus • Delaware
This certifies that AVENUE VENTURE OPPORTUNITIES FUND, LP, a Delaware limited partnership, or permitted assigns (“Holder”), for value received, is entitled to purchase from BEYOND AIR, INC., a Delaware corporation (“Company”), the Applicable Number (hereinafter defined) of fully paid and nonassessable shares of the Company’s Common Stock (the “Common Stock”), for cash, at a purchase price per share equal to the Exercise Price (hereinafter defined). Holder may also exercise this Warrant on a cashless or “net issuance” basis as described in Section 1(b) below, and this Warrant shall be deemed to have been exercised in full on such basis on the Expiration Date (hereinafter defined), to the extent not fully exercised prior to such date. This Warrant is issued in connection with that certain Loan and Security Agreement and Supplement thereto, both of even date herewith (as amended, restated and supplemented from time to time, the “Loan Agreement” and the “Supplement”, respectively), between
SUPPLEMENT to the Loan and Security Agreement dated as of June 15, 2023 among BEYOND AIR, INC. (“Borrower”) andLoan and Security Agreement • June 20th, 2023 • Beyond Air, Inc. • Surgical & medical instruments & apparatus
This is a Supplement identified in the document entitled Loan and Security Agreement, dated as of June 15, 2023 (as amended, restated, supplemented and modified from time to time, the “Loan and Security Agreement”), by and among Borrower, Lenders and Agent. All capitalized terms used in this Supplement and not otherwise defined in this Supplement have the meanings ascribed to them in Article 10 of the Loan and Security Agreement, which is incorporated in its entirety into this Supplement. In the event of any inconsistency between the provisions of the Loan and Security Agreement and this Supplement, this Supplement is controlling.
