THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT DATED AS OF APRIL 26, 2017 by and among SQUADRON CAPITAL LLC as Lender, ORTHOPEDIATRICS CORP., ORTHOPEDIATRICS US DISTRIBUTION CORP., ORTHOPEDIATRICS EU LIMITED, ORTHOPEDIATRICS AUS PTY LTD, and...Loan and Security Agreement • August 10th, 2017 • Orthopediatrics Corp • Surgical & medical instruments & apparatus • Illinois
THIS THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT is dated as of April 26, 2017 and is made by and among Squadron Capital LLC, a Delaware limited liability company with its principal place of business located at 18 Hartford Avenue, Granby, Connecticut 06035 (“Lender”), OrthoPediatrics Corp., a Delaware corporation (“OrthoPediatrics”), OrthoPediatrics US Distribution Corp., a Delaware corporation (“OrthoPediatrics US Distribution”), OrthoPediatrics EU Limited, a company incorporated and registered in England and Wales (“OrthoPediatrics EU”), OrthoPediatrics Aus Pty Ltd., a company organized under the laws of Australia (“OrthoPediatrics Aus”) and OrthoPediatrics NZ Ltd., a company organized under the laws of New Zealand (“OrthoPediatrics NZ” and together with OrthoPediatrics, OrthoPediatrics US Distribution, OrthoPediatrics EU and OrthoPediatrics Aus, “Borrowers” and individually a “Borrower”, and each having its principal place of business at 2850 Frontier Drive, Warsaw, India
TERM NOTE BTerm Note • August 10th, 2017 • Orthopediatrics Corp • Surgical & medical instruments & apparatus
FOR VALUE RECEIVED, the undersigned, OrthoPediatrics Corp., a Delaware corporation (“OrthoPediatrics”), OrthoPediatrics US Distribution Corp., a Delaware corporation, (“OrthoPediatrics US Distribution”), OrthoPediatrics EU Limited, a company incorporated and registered in England and Wales (“OrthoPediatrics EU”), OrthoPediatrics Aus Pty Ltd., a company organized under the laws of Australia (“OrthoPediatrics Aus”) and OrthoPediatrics NZ Ltd., a company organized under the laws of New Zealand (“OrthoPediatrics NZ” and together with OrthoPediatics, OrthoPediatrics US Distribution, OrthoPediatrics EU and OrthoPediatrics Aus, “Borrowers” and individually a “Borrower”), jointly and severally promise to pay to the order of Squadron Capital LLC, a Delaware limited liability company (the “Lender”), at the place and times provided in the Third Amended and Restated Loan and Security Agreement referred to below, the principal sum of $16,000,000, together with all accrued and unpaid interest under
AMENDED AND RESTATED TERM NOTE ATerm Note • August 10th, 2017 • Orthopediatrics Corp • Surgical & medical instruments & apparatus
FOR VALUE RECEIVED, the undersigned, OrthoPediatrics Corp., a Delaware corporation (“OrthoPediatrics”), OrthoPediatrics US Distribution Corp., a Delaware corporation, (“OrthoPediatrics US Distribution”), OrthoPediatrics EU Limited, a company incorporated and registered in England and Wales (“OrthoPediatrics EU”), OrthoPediatrics Aus Pty Ltd., a company organized under the laws of Australia (“OrthoPediatrics Aus”) and OrthoPediatrics NZ Ltd., a company organized under the laws of New Zealand (“OrthoPediatrics NZ” and together with OrthoPediatics, OrthoPediatrics US Distribution, OrthoPediatrics EU and OrthoPediatrics Aus, “Borrowers” and individually a “Borrower”), jointly and severally promise to pay to the order of Squadron Capital LLC, a Delaware limited liability company (the “Lender”), at the place and times provided in the Third Amended and Restated Loan and Security Agreement referred to below, the principal sum of $18,400,743.38, together with all accrued and unpaid interest und
