SECOND AMENDMENT TO CREDIT AGREEMENT AND GUARANTY AND TERMINATION OF REVENUE INTEREST FINANCING AGREEMENTCredit Agreement and Guaranty • February 8th, 2024 • BioXcel Therapeutics, Inc. • Pharmaceutical preparations • New York
CREDIT AGREEMENT AND GUARANTY, dated as of April 19, 2022, and amended as of November 13, 2023 and December 5, 2023 (this “Agreement”), among BIOXCEL THERAPEUTICS, INC., a Delaware corporation (the “Borrower”), certain Subsidiaries of the Borrower that may be required to provide Guarantees from time to time hereunder (each a “Guarantor” and collectively, the “Guarantors”), the lenders from time to time party hereto (each a “Lender” and collectively, the “Lenders”), and OAKTREE FUND ADMINISTRATION, LLC, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).
1 Exhibit 10.4(vii) FIFTH AMENDMENT TO CREDIT AGREEMENT AND GUARANTY FIFTH AMENDMENT TO CREDIT AGREEMENT AND GUARANTY dated as of September 30, 1999 (the "Fifth Amendment") among HEALTH MANAGEMENT SYSTEMS, INC. (the "Borrower"), ACCELERATED CLAIMS...Credit Agreement and Guaranty • January 27th, 2000 • Health Management Systems Inc • Services-computer processing & data preparation • New York
CREDIT AGREEMENT AND GUARANTYCredit Agreement and Guaranty • March 21st, 2011 • Hampshire Group LTD • Knit outerwear mills • New York
Exhibit A.........Form of Pledge Agreement Exhibit B.........Form of Security Agreement Exhibit C.........Form of Trademark Security Agreement Exhibit D.........Form of Borrowing Notice Exhibit E.........Form of Borrowing Base Certificate Exhibit F.........Form of Note Exhibit G.........Form of Assignment and Acceptance Exhibit H.........Form of Intercompany Demand Note
EXHIBIT 10(n) SECOND AMENDED AND RESTATED CREDIT AGREEMENT AND GUARANTY dated as of May 25, 2000Credit Agreement and Guaranty • April 17th, 2001 • Boundless Corp • Computer terminals • New York
CREDIT AGREEMENT AND GUARANTY dated as of May 29, 2015 by and among ALLIQUA BIOMEDICAL, INC., as the Borrower, THE GUARANTORS PARTY HERETO, and PERCEPTIVE CREDIT OPPORTUNITIES FUND, LP, as the LenderCredit Agreement and Guaranty • June 1st, 2015 • Alliqua BioMedical, Inc. • Surgical & medical instruments & apparatus • New York
THIS CREDIT AGREEMENT AND GUARANTY dated as of May 29, 2015 (as amended, supplemented or otherwise modified from time to time, this “Agreement”), is by and among ALLIQUA BIOMEDICAL, INC., a Delaware corporation (the “Borrower”), each Guarantor (as defined below) party hereto and PERCEPTIVE CREDIT OPPORTUNITIES FUND, LP (together with its Affiliates, successors, permitted transferees and permitted assignees, the “Lender”).
CREDIT AGREEMENT AND GUARANTY dated as of October 14, 2009 among HOSPIRA, INC., as the Borrower and the Guarantor, THE SUBSIDIARY BORROWERS FROM TIME TO TIME PARTY HERETO, THE BANKS AND FINANCIAL INSTITUTIONS LISTED HEREIN, as Lenders, CITIGROUP...Credit Agreement and Guaranty • October 27th, 2009 • Hospira Inc • Pharmaceutical preparations • New York
This CREDIT AGREEMENT AND GUARANTY is dated as of October 14, 2009 and entered into by and among Hospira, Inc., a Delaware corporation (the “Borrower”), the Subsidiary Borrowers from time to time party hereto, the banks and financial institutions listed on the signature pages hereof (collectively, the “Initial Lenders”), Citigroup Global Markets, Inc. (“CGMI”), RBS Securities Inc. (“RBS Securities”) and Morgan Stanley Senior Funding, Inc. (“MSSF”) as joint lead bookrunners and joint lead arrangers (in such capacity, the “Lead Arrangers”), The Royal Bank of Scotland plc (“RBS”) and MSSF as joint syndication agents (in such capacity, the “Syndication Agents”), BANK OF AMERICA, N.A. and WACHOVIA BANK, N.A., A WELLS FARGO COMPANY, as co-documentation agents (in such capacity, the “Documentation Agents”), and Citibank, N.A. as administrative agent for the Lenders (“Citibank” and in such capacity, the “Administrative Agent”).
EXECUTION VERSION 4886-8105-0172 7027014 FOURTH AMENDMENT TO CREDIT AGREEMENT AND GUARANTY This Fourth Amendment to Credit Agreement and Guaranty (herein, this “Agreement”) is entered into as of December 28, 2022 (the “Fourth Amendment Effective...Credit Agreement and Guaranty • March 2nd, 2023 • IsoPlexis Corp • Laboratory analytical instruments • New York
SECOND AMENDED AND RESTATED CREDIT AGREEMENT AND GUARANTY dated as of August 7, 2009 among HAMPSHIRE GROUP, LIMITED, as Borrower, HAMPSHIRE GROUP, LIMITED, HAMPSHIRE DESIGNERS, INC., and ITEM-EYES, INC., as Letter of Credit Account Parties, HAMPSHIRE...Credit Agreement and Guaranty • March 21st, 2011 • Hampshire Group LTD • Knit outerwear mills • New York
SECOND AMENDED AND RESTATED CREDIT AGREEMENT AND GUARANTY dated as of August 7, 2009, among HAMPSHIRE GROUP, LIMITED, (“Borrower”), HAMPSHIRE DESIGNERS, INC., (“Designers”) and ITEM-EYES, INC. (“Item-Eyes”), HSBC BANK USA, NATIONAL ASSOCIATION, (“HSBC”), and the other financial institutions which are now or which hereafter become a party hereto (individually a “Bank” and collectively the “Banks”), HSBC as Letter of Credit Issuing Bank for all Letters of Credit, and HSBC, as administrative agent and sole lead arranger for the Banks (in such capacity, together with any successors in such capacity, the “Agent”).
SECOND AMENDED AND RESTATED CREDIT AGREEMENT AND GUARANTY dated as of August 7, 2009 among HAMPSHIRE GROUP, LIMITED, as Borrower, HAMPSHIRE GROUP, LIMITED, HAMPSHIRE DESIGNERS, INC., and ITEM-EYES, INC., as Letter of Credit Account Parties, HAMPSHIRE...Credit Agreement and Guaranty • August 10th, 2009 • Hampshire Group LTD • Knit outerwear mills • New York
SECOND AMENDED AND RESTATED CREDIT AGREEMENT AND GUARANTY dated as of August 7, 2009, among HAMPSHIRE GROUP, LIMITED, (“Borrower”), HAMPSHIRE DESIGNERS, INC., (“Designers”) and ITEM-EYES, INC. (“Item-Eyes”), HSBC BANK USA, NATIONAL ASSOCIATION, (“HSBC”), and the other financial institutions which are now or which hereafter become a party hereto (individually a “Bank” and collectively the “Banks”), HSBC as Letter of Credit Issuing Bank for all Letters of Credit, and HSBC, as administrative agent and sole lead arranger for the Banks (in such capacity, together with any successors in such capacity, the “Agent”).
CREDIT AGREEMENT AND GUARANTY dated as of June 19, 2020 by and among ATHENEX, INC., as the Borrower, THE SUBSIDIARY GUARANTORS FROM TIME TO TIME PARTY HERETO, as the Guarantors, THE LENDERS FROM TIME TO TIME PARTY HERETO as the Lenders, and OAKTREE...Credit Agreement and Guaranty • June 22nd, 2020 • Athenex, Inc. • Pharmaceutical preparations • New York
CREDIT AGREEMENT AND GUARANTY, dated as of June 19, 2020 (this “Agreement”), among ATHENEX, INC., a Delaware corporation (the “Borrower”), certain Subsidiaries of the Borrower that may be required to provide Guarantees from time to time hereunder (each a “Guarantor” and collectively, the “Guarantors”), the lenders from time to time party hereto (each a “Lender” and collectively, the “Lenders”), and OAKTREE FUND ADMINISTRATION, LLC, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).
AMENDMENT NO. 1 TO CREDIT AGREEMENT AND GUARANTYCredit Agreement and Guaranty • June 5th, 2020 • ArcherDX, Inc. • In vitro & in vivo diagnostic substances • New York
This AMENDMENT NO. 1 TO CREDIT AGREEMENT AND GUARANTY, dated as of April 27, 2020 (this “Amendment”), is among ArcherDX, Inc., a Delaware corporation (the “Borrower”), the Lenders party hereto (the “Lenders”), and Perceptive Credit Holdings II, LP, a Delaware limited partnership, as the administrative agent and collateral agent for the Lenders (in such capacity, together with its successors and assigns, the “Administrative Agent”). Reference is made to the Credit Agreement and Guaranty, dated as of May 10, 2019 (as amended or otherwise modified, the “Credit Agreement”), among the Borrower, the Subsidiary Guarantors party thereto, the Lenders party thereto and the Administrative Agent. Capitalized terms used herein without definition shall have the same meanings as set forth in the Credit Agreement, as amended hereby.
CREDIT AGREEMENT AND GUARANTYCredit Agreement and Guaranty • November 4th, 2021 • Oyster Point Pharma, Inc. • Biological products, (no disgnostic substances) • New York
CREDIT AGREEMENT AND GUARANTY, dated as of August 5, 2021 (this “Agreement”), by and among Oyster Point Pharma, Inc., a Delaware corporation (the “Borrower”), certain of the Subsidiaries of the Borrower that may be required to provide Guaranties from time to time hereunder, OrbiMed Royalty & Credit Opportunities III, LP (the “Initial Lender”) and each other lender that may from time to time become a party hereto (each, including the Initial Lender, a “Lender” and collectively, the “Lenders”), and OrbiMed Royalty & Credit Opportunities III, LP, as administrative agent for the Lenders (in such capacity, the “Agent”).
ARTICLE ICredit Agreement and Guaranty • May 2nd, 2023 • Adma Biologics, Inc. • Biological products, (no disgnostic substances) • New York
CREDIT AGREEMENT AND GUARANTY dated as of March 23, 2022 (as amended, supplemented or otherwise modified from time to time, this “Agreement”), by and among ADMA BIOLOGICS, INC., a Delaware corporation (the “Borrower”), the Subsidiaries of the Borrower from time to party hereto, as guarantors, the lenders from time to time party hereto (the “Lenders”) and HAYFIN SERVICES LLP, as Agent for the Lenders hereunder (in such capacity, together with its successors and assigns in such capacity, the “Agent”).
SECOND AMENDMENT TO CREDIT AGREEMENT AND GUARANTYCredit Agreement and Guaranty • December 14th, 2023 • Fractyl Health, Inc. • Surgical & medical instruments & apparatus
This SECOND AMENDMENT TO CREDIT AGREEMENT AND GUARANTY (this “Amendment”) is entered into as of December 9, 2023, by and among FRACTYL HEALTH, INC., a Delaware corporation (the “Borrower”), the lenders party hereto, and SYMBIOTIC CAPITAL AGENCY LLC, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).
Execution Version AMENDMENT NO. 1 TO CREDIT AGREEMENT AND GUARANTYCredit Agreement and Guaranty • May 5th, 2020 • New York
This AMENDMENT NO. 1 TO CREDIT AGREEMENT AND GUARANTY, dated as of May 3, 2019 (this “Amendment”), is among ADMA Biologics, Inc., a Delaware corporation (the “Borrower”), the Lenders party hereto (the “Lenders”), Perceptive Credit Holdings II, LP, a Delaware limited partnership, as administrative agent (in such capacity, together with its successors and assigns, “Administrative Agent”). Reference is made to the Credit Agreement and Guaranty, dated as of February 11, 2019 (as amended or otherwise modified, the “Credit Agreement”), among the Borrower, the Guarantors party thereto, the Lenders party thereto and the Administrative Agent. Capitalized terms used herein without definition shall have the same meanings as set forth in the Credit Agreement, as amended by this Amendment.
CREDIT AGREEMENT AND GUARANTY dated as of June 23, 2017 between SONENDO, INC. as the Borrower, The Subsidiary Guarantors from Time to Time Party Hereto, and PERCEPTIVE CREDIT HOLDINGS, LP, as the Lender and the Collateral Agent U.S. $20,000,000Credit Agreement and Guaranty • October 8th, 2021 • Sonendo, Inc. • Dental equipment & supplies • New York
Credit Agreement and Guaranty, dated as of June 23, 2017 (this “Agreement”), among Sonendo, Inc., a Delaware corporation (the “Borrower”), the Subsidiary Guarantors from time to time parties hereto, and Perceptive Credit Holdings, LP, a Delaware limited partnership, in both its capacity as a Lender (defined below) hereunder and as the collateral agent for the Secured Parties (defined below) (in such capacity, together with its successors and assigns, the “Collateral Agent”).
CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT HAVE BEEN OMITTED AND REPLACED WITH “[***]”. SUCH IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THIS EXHIBIT BECAUSE IT IS (I) NOT MATERIAL AND (II) WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF...Credit Agreement and Guaranty • September 10th, 2020 • C4 Therapeutics, Inc. • Biological products, (no disgnostic substances) • New York
CREDIT AGREEMENT AND GUARANTY, dated as of June 5, 2020 (this “Agreement”), among C4 THERAPEUTICS, INC., a Delaware corporation (the “Borrower”), certain Guarantors from time to time parties hereto, PERCEPTIVE CREDIT HOLDINGS III, LP, a Delaware limited partnership (“Perceptive”), as a lender (together with its successors and assigns party hereto pursuant to Section 13.05, the “Lenders” and each a “Lender”) and as administrative agent for the Lenders (in such capacity, together with its successors and assigns, the “Administrative Agent”).
BRIDGING AGREEMENTCredit Agreement and Guaranty • February 9th, 2023 • Compute Health Acquisition Corp. • Blank checks • New York
CREDIT AGREEMENT AND GUARANTY, dated as of [_], 2023 (this “ Agreement”), by and among [__], a Delaware limited liability company (the “Borrower”), [__], a Delaware corporation (“Parent”), certain Subsidiaries of Parent that may be required to provide Guaranties from time to time hereunder, each lender from time to time party hereto (each, a “Lender” and collectively, the “Lenders”), and Fortress Credit Corp., as administrative agent for the Lenders (in such capacity, the “Agent”).
OMNIBUS AMENDMENT TO CREDIT AGREEMENT AND GUARANTY dated as of February 8, 2005 among SPINNAKER EXPLORATION COMPANY, L.L.C., AS BORROWER and SPINNAKER EXPLORATION COMPANY, AS GUARANTOR and CERTAIN FINANCIAL INSTITUTIONS, AS LENDERS and TORONTO...Credit Agreement and Guaranty • March 15th, 2005 • Spinnaker Exploration Co • Crude petroleum & natural gas • Texas
THIS OMNIBUS AMENDMENT TO CREDIT AGREEMENT AND GUARANTY (this “Amendment”), dated as of February 8, 2005 (the “Amendment Effective Date”) is among SPINNAKER EXPLORATION COMPANY, L.L.C., a Delaware limited liability company (the “Borrower”), SPINNAKER EXPLORATION COMPANY, a Delaware corporation (the “Guarantor”), each of the Lenders (as defined below) party hereto, Toronto Dominion (Texas) LLC (successor to Toronto Dominion (Texas), Inc.), as administrative agent (in such capacity together with its successors in such capacity, the “Administrative Agent”) for the Lenders (as defined in the Guaranty (as defined below)) party hereto.
ASSIGNMENT, ASSUMPTION AND AMENDMENT NO. 5 TO CREDIT AGREEMENT AND GUARANTYCredit Agreement and Guaranty • September 17th, 2021 • Sonendo, Inc. • Dental equipment & supplies • New York
THIS ASSIGNMENT, ASSUMPTION AND AMENDMENT NO. 5 TO CREDIT AGREEMENT AND GUARANTY, dated as of August 23, 2021 (this “Agreement”), is made by and among the Borrower, the Subsidiary Guarantors, the Original Lender, the Original Collateral Agent, Perceptive Credit Holdings III, LP, a Delaware limited partnership (the “New Lender”) and Perceptive Credit Holdings III, LP, a Delaware limited partnership (in such capacity, together with its successors and assigns, the “New Collateral Agent”).
CREDIT AGREEMENT AND GUARANTY dated as of October 2, 2020 by and among INVITAE CORPORATION, as the Borrower, THE SUBSIDIARY GUARANTORS FROM TIME TO TIME PARTY HERETO, as the Subsidiary Guarantors, THE LENDERS FROM TIME TO TIME PARTY HERETO, as the...Credit Agreement and Guaranty • October 5th, 2020 • Invitae Corp • Services-medical laboratories • New York
CREDIT AGREEMENT AND GUARANTY, dated as of October 2, 2020 (this “Agreement”), by and among Invitae Corporation, a Delaware corporation (the “Borrower”), certain Subsidiaries of the Borrower that may be required to provide Guarantees from time to time hereunder, Perceptive Credit Holdings III, LP (the “Closing Date Lender”) and each other lender that may from time to time become a party hereto (each, including the Closing Date Lender together with their permitted successors and assigns, a “Lender” and collectively, the “Lenders”), and Perceptive Credit Holdings III, LP, as administrative agent for the Lenders (in such capacity, together with its permitted successors and assigns, the “Administrative Agent”).
AMENDMENT NO. 1 to SECOND AMENDED AND RESTATED CREDIT AGREEMENT AND GUARANTYCredit Agreement and Guaranty • May 12th, 2010 • Hampshire Group LTD • Knit outerwear mills • New York
This AMENDMENT NO. 1 dated as of May 7, 2010 (this “Amendment”) is by and among HAMPSHIRE GROUP, LIMITED (“Borrower”), HAMPSHIRE DESIGNERS, INC. (“Designers”), ITEM-EYES, INC. (“Item-Eyes”, together with Designers, the “Guarantors”), the financial institutions party hereto (the “Banks”) and HSBC Bank USA, National Association, as the Agent for the Banks (the “Agent”).
ContractCredit Agreement and Guaranty • March 23rd, 2023 • Adma Biologics, Inc. • Biological products, (no disgnostic substances) • New York
AMENDMENT NO. 1 TO CREDIT AGREEMENT AND GUARANTY, dated as of March 22, 2023 (this “Amendment”), by and among ADMA BIOLOGICS, INC., a Delaware corporation (the “Borrower”), the other Credit Parties party hereto, the lenders party hereto (the “Lenders”) and HAYFIN SERVICES LLP, as administrative agent for the Lenders hereunder (in such capacity, together with its successors and assigns in such capacity, the “Agent”).
WITNESSETH:Credit Agreement and Guaranty • August 13th, 1999 • Hampshire Group LTD • Knit outerwear mills • New York
AMENDED AND RESTATED CREDIT AGREEMENT AND GUARANTY dated as of March 9, 2020 by and among FOAMIX PHARMACEUTICALS INC., as the Borrower, MENLO THERAPEUTICS INC., as the Parent Guarantor, FOAMIX PHARMACEUTICALS LTD., as the Israeli Guarantor, THE...Credit Agreement and Guaranty • May 11th, 2020 • Menlo Therapeutics Inc. • Pharmaceutical preparations • New York
AMENDED AND RESTATED Credit Agreement and Guaranty, dated as of March 9, 2020 (this “Agreement”), by and among Foamix Pharmaceuticals Inc., a Delaware corporation (the “Borrower”), Foamix Pharmaceuticals Ltd., an Israeli limited liability company (the “Israeli Guarantor”), Menlo Therapeutics Inc., a Delaware corporation (the “Parent Guarantor”), certain Subsidiaries of the Parent Guarantor from time to time party hereto, Perceptive Credit Holdings II, LP, OrbiMed Royalty & Credit Opportunities III, LP, and each other lender that may from time to time become a party hereto (each a “Lender” and collectively, the “Lenders”), and Perceptive Credit Holdings II, LP, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).
CREDIT AGREEMENT AND GUARANTY dated as of August 15, 2023 among RETAILCO, LLC, TXEX ENERGY INVESTMENTS, LLC, and NUDEVCO RETAIL, LLC, as Borrowers, WILLIAM KEITH MAXWELL III, ELECTRIC HOLDCO, LLC, and NUDEVCO RETAIL HOLDINGS, LLC as Guarantors, THE...Credit Agreement and Guaranty • January 4th, 2024 • Maxwell W Keith III • Electric & other services combined • Texas
THIS CREDIT AGREEMENT AND GUARANTY (as the same may be amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”), dated as of August 15, 2023, is among RETAILCO, LLC, a Texas limited liability company (“Retailco”), TXEX ENERGY INVESTMENTS, LLC, a Texas limited liability company (“TxEx”), NUDEVCO RETAIL, LLC, a Texas limited liability company (“NuDevco” and together with Retailco and TxEx collectively, the “Borrowers” and each a “Borrower”), WILLIAM KEITH MAXWELL III, an individual (“Maxwell”), ELECTRIC HOLDCO, LLC, a Texas limited liability company (“Electric HoldCo”), NUDEVCO RETAIL HOLDINGS, LLC, a Texas limited liability company (“NuDevco Holdings”) and each of the other Guarantors from time to time party hereto, the lenders from time to time party hereto (collectively, the “Lenders” and each, individually, a “Lender”), and WOODFOREST NATIONAL BANK, a national banking association, as Administrative Agent.
CREDIT AGREEMENT AND GUARANTY dated as of August 16, 2016 between MONOSOL RX, LLC as Borrower, The Subsidiary Guarantors from Time to Time Party Hereto, The Lenders from Time to Time Party Hereto, and PERCEPTIVE CREDIT HOLDINGS, LP, as Administrative...Credit Agreement and Guaranty • June 27th, 2018 • Aquestive Therapeutics, Inc. • Pharmaceutical preparations • New York
Credit Agreement and Guaranty, dated as of August 16, 2016 (this “Agreement”), among MonoSol Rx, LLC, a Delaware limited liability company (“Borrower”), the Subsidiary Guarantors from time to time parties hereto, the Lenders from time to time parties hereto and Perceptive Credit Holdings, LP, a Delaware limited partnership, as administrative agent and collateral agent for the Lenders (in such capacity, together with its successors and assigns, “Administrative Agent” ).
CREDIT AGREEMENT AND GUARANTY dated as of July 29, 2019 by and among FOAMIX PHARMACEUTICALS INC., as the Borrower, FOAMIX PHARMACEUTICALS LTD., as the Parent Guarantor, THE SUBSIDIARY GUARANTORS FROM TIME TO TIME PARTY HERETO, as the Subsidiary...Credit Agreement and Guaranty • November 12th, 2019 • Foamix Pharmaceuticals Ltd. • Medicinal chemicals & botanical products • New York
Exhibit D-1 - Form of U.S. Tax Compliance Certificate (For Foreign Lenders That Are Not Partnerships for U.S. Federal Income Tax Purposes)
AMENDMENT NO. 2 TO CREDIT AGREEMENT AND GUARANTYCredit Agreement and Guaranty • March 22nd, 2019 • Vapotherm Inc • Surgical & medical instruments & apparatus • New York
This AMENDMENT NO. 2 TO CREDIT AGREEMENT AND GUARANTY, dated as of March 22, 2019 (this “Amendment”), is made by and among VAPOTHERM, INC., a Delaware corporation (the “Borrower”), certain Subsidiaries of the Borrower that are signatories hereto, the Lenders signatories hereto and PERCEPTIVE CREDIT HOLDINGS II, LP, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein or the context otherwise requires, terms used in this Amendment, including its preamble and recitals, have the meanings provided in the Credit Agreement (defined below).
AMENDMENT NO. 1 TO CREDIT AGREEMENT AND GUARANTYCredit Agreement and Guaranty • December 29th, 2023 • Allurion Technologies, Inc. • Surgical & medical instruments & apparatus • New York
This AMENDMENT NO. 1 TO CREDIT AGREEMENT AND GUARANTY, dated as of December 29, 2023 (this “Amendment”), is by and among ALLURION TECHNOLOGIES, LLC, a Delaware limited liability company (the “Borrower”), ALLURION TECHNOLOGIES, INC., a Delaware corporation (the “Parent”), certain Subsidiaries of the Parent party hereto, the Lenders party hereto, and FORTRESS CREDIT CORP., as administrative agent for the Lenders (in such capacity, together with its successors and assigns, the “Agent”). Reference is made to the Credit Agreement and Guaranty, dated as of August 1, 2023, among the Borrower, the Parent, certain Subsidiaries of the Parent from time to time party thereto, the Lenders (as defined therein) from time to time party thereto and the Agent (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”). Capitalized terms used herein without definition shall have the same meanings as set forth in the Credit Agreement, as amended by this Amendment.
Third Amendment to Credit Agreement and GuarantyCredit Agreement and Guaranty • March 1st, 2024 • Biodesix Inc • Services-medical laboratories • New York
This Third Amendment to Credit Agreement and Guaranty (herein, this “Agreement”) is entered into as of February 29, 2024 (the “Third Amendment Effective Date”), by and among Biodesix, Inc., a Delaware corporation (the “Borrower”), the Lenders party hereto constituting Majority Lenders and Perceptive Credit Holdings IV, LP, a Delaware limited partnership, as administrative agent for the Lenders (in such capacity, together with its successors and assigns, the “Administrative Agent”).
THIRD AMENDMENT TO Credit agreement AND guarantyCredit Agreement and Guaranty • February 12th, 2024 • BioXcel Therapeutics, Inc. • Pharmaceutical preparations
This Third Amendment to Credit Agreement and Guaranty (this “Amendment”) is made as of February 12, 2024, by and among BIOXCEL THERAPEUTICS, INC., a Delaware corporation (the “Borrower”), the lenders party hereto (collectively, the “Lenders” and individually, a “Lender”), and OAKTREE FUND ADMINISTRATION, LLC, as administrative agent on behalf of the Lenders (in such capacity, together with its successors and assigns, the “Administrative Agent”).
AMENDMENT AGREEMENT TO CREDIT AGREEMENT AND GUARANTYCredit Agreement and Guaranty • May 4th, 2020 • CURO Group Holdings Corp. • Finance services • Ontario
AMENDMENT NO. 3 AND WAIVER TO CREDIT AGREEMENT AND GUARANTYCredit Agreement and Guaranty • September 17th, 2021 • Sonendo, Inc. • Dental equipment & supplies • New York
This AMENDMENT NO. 3 AND WAIVER TO CREDIT AGREEMENT AND GUARANTY, dated as of May 15, 2020 (this “Amendment”), is among Sonendo, Inc., a Delaware corporation (the “Borrower”), the Subsidiary Guarantors party hereto, the Lenders party hereto and Perceptive Credit Holdings, LP, a Delaware limited partnership, as the collateral agent for the Secured Parties (in such capacity, together with its successors and assigns, the “Collateral Agent”). Reference is made to the Credit Agreement and Guaranty, dated as of June 23, 2017 (as amended by Amendment No. 1 to Credit Agreement and Guaranty, dated as of October 3, 2018 and Amendment No. 2 to Credit Agreement and Guaranty, dated as of October 7, 2019 and as further amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, the Subsidiary Guarantors party thereto, the Lenders party thereto and the Collateral Agent. Capitalized terms used herein without definition shall have the same meanings as set
CREDIT AGREEMENT AND GUARANTYCredit Agreement and Guaranty • February 12th, 2024 • Via Renewables, Inc. • Electric & other services combined • Texas
