ACKNOWLEDGMENT, CONSENT AND AFFIRMATION OF GUARANTORSOmnibus Amendment to Promissory Notes • August 26th, 2020 • ASTROTECH Corp • Laboratory analytical instruments
The undersigned Guarantors hereby (i) acknowledge and consent to the terms and conditions of the Omnibus Amendment to Promissory Notes (the “Agreement”) to which this Acknowledgment, Consent and Affirmation is attached, (ii) affirm their obligations under their respective guaranty, pledge, and/or indemnity in favor of the Lender and/or under any agreement under which any of the Guarantors has granted to the Lender a lien or security interest in any of its real or personal property, (iii) acknowledge and consent to the Agreement and agree to be bound by and hereby join in the general release in favor of Lender set forth in Paragraph 6 of the Agreement, which is hereby incorporated by this reference as though fully set forth herein, and agree that each of the Guarantors shall be Releasing Parties thereunder, and (iv) confirm that such guaranty and other agreements, including but not limited to any jury trial waivers and judicial reference provisions contained in the Loan Documents, remai
OMNIBUS AMENDMENT TO SECURITY AGREEMENTSOmnibus Amendment to Security Agreements • August 26th, 2020 • ASTROTECH Corp • Laboratory analytical instruments
This Omnibus Amendment to Security Agreements (this “Amendment”) is made effective as of September 5, 2020 (the “Amendment Effective Date”), by and among Astrotech Corporation, a Delaware corporation (the “Company”), certain Subsidiaries of the Company signatory hereto (such subsidiaries, the “Guarantors” and together with the Company, the “Debtors”) and the holder of (1) the Company’s Secured Promissory Note, dated September 5, 2019, in the original aggregate principal amount of One Million Five Hundred Thousand Dollars ($1,500,000) and (2) the Company’s Secured Promissory Note, dated February 13, 2020, in the original aggregate principal amount of One Million Dollars ($1,000,000.00) (collectively, the “Notes”), signatory hereto, his endorsee(s), transferee(s) and assign(s) (the “Secured Party”). Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in (1) that certain Security Agreement, by and among the parties, dated as of September 5, 2019 (the “2
OMNIBUS AMENDMENT TO SECURED PROMISSORY NOTESSecured Promissory Notes • August 26th, 2020 • ASTROTECH Corp • Laboratory analytical instruments
This Omnibus Amendment to Secured Promissory Notes (this “Amendment” or “Agreement”) is entered into as of September 5, 2020 by and between Astrotech Corporation, a Delaware corporation (“Maker”) and Thomas B. Pickens III (“Lender”), with reference to (1) that certain Secured Promissory Note, dated September 5, 2019, in the amount of One Million Five Hundred Thousand Dollars ($1,500,000.00) made by Maker in favor of Lender (the “2019 Note”) and (2) that certain Secured Promissory Note, dated February 13, 2020, in the amount of One Million Dollars ($1,000,000.00) made by Maker in favor of Lender (the “2020 Note,” and, together with the 2019 Note, the “Notes”). Undefined terms herein have the same definitions set forth in the Note.
