GUARANTY AGREEMENTGuaranty Agreement • March 1st, 2019 • Lightpath Technologies Inc • Semiconductors & related devices • Florida
FOR VALUE RECEIVED, this 26th day of February, 2019, and to induce BANKUNITED, N.A., a national banking association ("Lender"), whose address is 7815 NW 148th Street, Miami Lakes, Florida 33016, to make loans or advances or to extend credit or other financial accommodations or benefits, with or without security, to or for the account of LIGHTPATH TECHNOLOGIES, INC., a Delaware corporation (the "Borrower"), each of the undersigned guarantors (collectively "Guarantor"), whose address is 2603 Challenger Tech Court, Suite 100, Orlando, Florida 32826, hereby irrevocably guarantees, to Lender the full and prompt payment when due, whether by acceleration or otherwise, of any of the Guaranteed Obligations (as hereinafter defined).
GUIDANCE LINE NOTELoan Agreement • March 1st, 2019 • Lightpath Technologies Inc • Semiconductors & related devices
FOR VALUE RECEIVED and intending to be legally bound, the undersigned, LIGHTPATH TECHNOLOGIES, INC., a Delaware corporation (“Borrower”), jointly and severally, promise to pay, in lawful money of the United States of America, to the order of BANKUNITED, N.A., a national banking association (“Lender”), at the address set forth in Section 2.5(a) of the Loan Agreement, the maximum aggregate principal sum of Ten Million and No/100 Dollars ($10,000,000.00) or such lesser sum which represents the principal balance outstanding under the Guidance Line Facility established pursuant to the provisions of that certain Loan Agreement dated of even date herewith, between Borrower and Lender (as it may be supplemented, restated, superseded, amended or replaced from time to time, “Loan Agreement”). The outstanding principal balance hereunder shall be payable in accordance with the terms of the Loan Agreement. The outstanding principal balance of this Note, plus all accrued but unpaid interest, shall b
LOAN AGREEMENT LIGHTPATH TECHNOLOGIES, INC., a Delaware corporation and BANKUNITED, N.A., a national banking association Dated as of February 26, 2019Loan Agreement • March 1st, 2019 • Lightpath Technologies Inc • Semiconductors & related devices • Florida
THIS LOAN AGREEMENT (“Agreement”) is dated as of February 26, 2019, by and between LIGHTPATH TECHNOLOGIES, INC., a Delaware corporation, (“Borrower”), and BANKUNITED, N.A., a national banking association (“Lender”).
REVOLVING CREDIT NOTERevolving Credit Note • March 1st, 2019 • Lightpath Technologies Inc • Semiconductors & related devices
FOR VALUE RECEIVED and intending to be legally bound, the undersigned, LIGHTPATH TECHNOLOGIES, INC., a Delaware corporation (“Borrower”), jointly and severally, promise to pay, in lawful money of the United States of America, to the order of BANKUNITED, N.A., a national banking association (“Lender”), at the address set forth in Section 2.5(a) of the Loan Agreement, the maximum aggregate principal sum of Two Million and No/100 Dollars ($2,000,000.00) or such lesser sum which represents the principal balance outstanding under the Revolving Credit Facility established pursuant to the provisions of that certain Loan Agreement dated of even date herewith, between Borrower and Lender (as it may be supplemented, restated, superseded, amended or replaced from time to time, “Loan Agreement”). The outstanding principal balance hereunder shall be payable in accordance with the terms of the Loan Agreement. The outstanding principal balance of this Note, plus all accrued but unpaid interest, shall
SECURITY AGREEMENTSecurity Agreement • March 1st, 2019 • Lightpath Technologies Inc • Semiconductors & related devices • Florida
THIS SECURITY AGREEMENT (this “Agreement”) is made as of the 26th day of February, 2019, by LIGHTPATH TECHNOLOGIES, INC., a Delaware corporation (“Debtor”), in favor of BANKUNITED, N.A., a national banking association (“Bank”), and is joined in by GELTECH, INC. , a Delaware corporation and ISP OPTICS CORPORATION, a New York corporation (collectively “Guarantor”).
TERM LOAN NOTETerm Loan Note • March 1st, 2019 • Lightpath Technologies Inc • Semiconductors & related devices
FOR VALUE RECEIVED and intending to be legally bound, the undersigned, LIGHTPATH TECHNOLOGIES, INC., a Delaware corporation (“Borrower”), jointly and severally, promise to pay, in lawful money of the United States of America, to the order of BANKUNITED, N.A., a national banking association (“Lender”), at the address set forth in Section 2.5(a) of the Loan Agreement, the maximum aggregate principal sum of up to Five Million Eight Hundred Thirteen Thousand Five Hundred and No/100 Dollars ($5,813,500.00) or such lesser sum which represents the principal balance outstanding under the Term Loan Facility established pursuant to the provisions of that certain Loan Agreement dated of even date herewith, between Borrower and Lender (as it may be supplemented, restated, superseded, amended or replaced from time to time, “Loan Agreement”). The outstanding principal balance hereunder shall be payable in accordance with the terms of the Loan Agreement. The outstanding principal balance of this Note
