CREDIT AGREEMENTCredit Agreement • November 14th, 2018 • Biolase, Inc • Dental equipment & supplies
This CREDIT AGREEMENT (as may be amended, restated, supplemented, or otherwise modified from time to time, this “Agreement”) dated as of November 9, 2018 (the “Closing Date”), among BIOLASE, INC., a Delaware corporation (“Borrower”), the financial institutions party hereto from time to time as lenders (each a “Lender” and collectively, the “Lenders”) and SWK FUNDING LLC (in its individual capacity, “SWK”), as Agent for all Lenders.
ContractWarrant Agreement • November 14th, 2018 • Biolase, Inc • Dental equipment & supplies • Delaware
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES OR BLUE SKY LAWS OF ANY STATE AND MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER THE ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER OF THESE SECURITIES (SUBJECT TO THE PROVISIONS OF ARTICLE 5 BELOW), SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.
ContractWarrant Agreement • November 14th, 2018 • Biolase, Inc • Dental equipment & supplies • Arizona
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), AND MAY NOT BE SOLD, PLEDGED, OR OTHERWISE TRANSFERRED WITHOUT AN EFFECTIVE REGISTRATION THEREOF UNDER SUCH ACT OR PURSUANT TO RULE 144 OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO THE COMPANY AND ITS COUNSEL, THAT SUCH REGISTRATION IS NOT REQUIRED.
BUSINESS FINANCING MODIFICATION AGREEMENT (Second Amendment to Business Financing Agreement)Business Financing Modification Agreement • November 14th, 2018 • Biolase, Inc • Dental equipment & supplies
This Business Financing Modification Agreement (this “Modification Agreement”) is entered into as of September 27, 2018, by and between Biolase, Inc., a Delaware corporation (“Parent”), BL Acquisition Corp., a Delaware corporation (“BL Acquisition”), and BL Acquisition II Inc., a Delaware corporation (“BL Acquisition II” and together with Parent and BL Acquisition, individually and collectively, jointly and severally, “Borrower”) and Western Alliance Bank, an Arizona corporation (“Lender”).
WAWER AND BUSINESS FINANCING MODIFICATION AGREEMENTBusiness Financing Modification Agreement • November 14th, 2018 • Biolase, Inc • Dental equipment & supplies
This Waiver and Business Financing Modification Agreement (this "Modification Agreement'') is entered into as of August 13, 2018, by and between Biolase, Inc., a Delaware corporation ("Parent''), BL Acquisition Corp., a Delaware corporation (''BL Acquisition''), and BL Acquisition II Inc., a Delaware corporation (''BL Acquisition II'' and together with Parent and BL Acquisition, individually and collectively, jointly and severally, "Borrower") and Western Alliance Banlc, an Arizona corporation ("Lender").
BUSINESS FINANCING MODIFICATION AGREEMENT (Third Amendment to Business Financing Agreement)Business Financing Modification Agreement • November 14th, 2018 • Biolase, Inc • Dental equipment & supplies
This Business Financing Modification Agreement (this “Modification Agreement”) is entered into as of October 22, 2018, by and between Biolase, Inc., a Delaware corporation (“Parent”), BL Acquisition Corp., a Delaware corporation (“BL Acquisition”), and BL Acquisition II Inc., a Delaware corporation (“BL Acquisition II” and together with Parent and BL Acquisition, individually and collectively, jointly and severally, “Borrower”) and Western Alliance Bank, an Arizona corporation (“Lender”).
