ContractSubordinated Unsecured Promissory Note • November 3rd, 2023 • Flux Power Holdings, Inc. • Miscellaneous electrical machinery, equipment & supplies • California
IN ACCORDANCE WITH THE TERMS OF A SUBORDINATION AGREEMENT, DATED AS OF NOVEMBER 2, 2023 (THE “SUBORDINATION AGREEMENT”), BY AND AMONG THE COMPANY (AS DEFINED HEREIN), THE LENDER (AS DEFINED HEREIN), CERTAIN OTHER PARTIES TO THE SUBORDINATION AGREEMENT, AND GIBRALTAR BUSINESS CAPITAL, LLC (THE “SENIOR LENDER”), THE LENDER HAS SUBORDINATED THE INDEBTEDNESS EVIDENCED BY THIS SUBORDINATED UNSECURED PROMISSORY NOTE (AND ALL PAYMENT AND ENFORCEMENT PROVISIONS HEREIN)(THE “NOTE”) AND ANY SECURITY INTEREST OR LIEN THAT THE LENDER MAY HAVE IN ANY PROPERTY OF THE COMPANY TO THE INDEBTEDNESS OWED BY THE COMPANY TO SENIOR LENDER AND THE SECURITY INTEREST OF SENIOR LENDER IN THE ASSETS OF THE COMPANY, NOTWITHSTANDING THE RESPECTIVE DATES OF ATTACHMENT OR PERFECTION OF THE SECURITY INTEREST OF THE LENDER AND SENIOR LENDER. IN THE EVENT OF ANY INCONSISTENCY BETWEEN THE NOTE AND THE SUBORDINATION AGREEMENT, THE TERMS OF THE SUBORDINATION AGREEMENT SHALL CONTROL.
CREDIT FACILITY AGREEMENTCredit Facility Agreement • November 3rd, 2023 • Flux Power Holdings, Inc. • Miscellaneous electrical machinery, equipment & supplies • California
CREDIT FACILITY AGREEMENT (this “Agreement”), dated as of November 2, 2023 (“Effective Date”), by and among Flux Power Holdings, Inc., a Nevada corporation (the “Borrower”), and Cleveland Capital, L.P., a Delaware limited partnership (“Cleveland” or the “Lender”).
