Credit and Security Agreement (Term Loan) Sample Contracts

AMENDMENT NO. 3 TO CREDIT AND SECURITY AGREEMENT (TERM LOAN)
Credit and Security Agreement (Term Loan) • March 7th, 2023 • Akoya Biosciences, Inc. • Laboratory analytical instruments • New York

This CREDIT AND SECURITY AGREEMENT (TERM LOAN) (as the same may be amended, supplemented, restated or otherwise modified from time to time, the “Agreement”) is dated as of October 27, 2020 by and among AKOYA BIOSCIENCES, INC., a Delaware corporation, and each additional borrower that may hereafter be added to this Agreement (each individually as a “Borrower”, and collectively with any entities that become party hereto as Borrower and each of their successors and permitted assigns, the “Borrowers”), MIDCAP FINANCIAL TRUST, a Delaware statutory trust, individually as a Lender, and as Agent, and the financial institutions or other entities from time to time parties hereto, each as a Lender.

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AMENDMENT NO. 2 TO AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT (TERM LOAN)
Credit and Security Agreement (Term Loan) • March 8th, 2022 • Aziyo Biologics, Inc. • Biological products, (no disgnostic substances) • New York

This AMENDMENT NO. 2 TO AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT (TERM LOAN) (this “Agreement”) is made as of January 21, 2022, by and among AZIYO BIOLOGICS, INC., a Delaware corporation (“Aziyo”), AZIYO MED, LLC, a Delaware limited liability company (“Aziyo Med”, and Aziyo Med, together with Aziyo, each individually, a “Borrower” and collectively, the “Borrowers”), MIDCAP FINANCIAL TRUST, a Delaware statutory trust, as Agent (in such capacity, together with its successors and assigns, “Agent”) and the other financial institutions or other entities from time to time parties to the Credit Agreement referenced below, each as a Lender.

amendment No. 2 to CREDIT AND SECURITY AGREEMENT (TERM LOAN)
Credit and Security Agreement (Term Loan) • February 27th, 2020 • HTG Molecular Diagnostics, Inc • Laboratory analytical instruments

This AMENDMENT NO. 2 TO CREDIT AND SECURITY AGREEMENT (TERM LOAN) (this “Agreement”) is made as of this 26th day of February, 2020, by and among HTG MOLECULAR DIAGNOSTICS, INC., a Delaware corporation (“HTG”), MIDCAP FINANCIAL TRUST, as Agent for the Lenders (in such capacity, together with its successors and assigns, “Agent”), and the other financial institutions party hereto, each as a Lender.

AMENDMENT NO. 1 TO CREDIT AND SECURITY AGREEMENT (TERM LOAN)
Credit and Security Agreement (Term Loan) • April 20th, 2018 • Sientra, Inc. • Orthopedic, prosthetic & surgical appliances & supplies • Maryland

This AMENDMENT NO. 1 TO CREDIT AND SECURITY AGREEMENT (TERM LOAN) (this “Agreement”) is made as April 18, 2018, by and among SIENTRA, INC., a Delaware corporation, MIRADRY HOLDINGS, INC., a Delaware corporation (formerly known as Miramar Labs, Inc.), MIRADRY, INC., a Delaware corporation (formerly known as Miramar Technologies, Inc.), MIDCAP FINANCIAL TRUST, as Agent (in such capacity, together with its successors and assigns, “Agent”) and the other financial institutions or other entities from time to time parties to the Credit Agreement referenced below, each as a Lender.

amendment No. 1 to CREDIT AND SECURITY AGREEMENT (TERM LOAN)
Credit and Security Agreement (Term Loan) • March 30th, 2020 • Radius Health, Inc. • Pharmaceutical preparations • New York

This AMENDMENT NO. 1 TO CREDIT AND SECURITY AGREEMENT (TERM LOAN) (this “Agreement”) is made as of 27th day of March, 2020, by and among RADIUS HEALTH, INC., a Delaware corporation (“Radius Health”), RADIUS PHARMACEUTICALS, INC., a Delaware corporation (“Radius Pharma” and, together with Radius Health, collectively, “Borrowers”, and each individually a “Borrower”), MidCap Financial Trust, a Delaware statutory trust, as Agent (in such capacity, together with its successors and assigns, “Agent”) and the other financial institutions or other entities from time to time parties to the Credit Agreement referenced below, each as a Lender.

AMENDMENT NO. 4 TO CREDIT AND SECURITY AGREEMENT (TERM LOAN)
Credit and Security Agreement (Term Loan) • November 14th, 2024 • Akoya Biosciences, Inc. • Laboratory analytical instruments • New York

This AMENDMENT NO. 4 TO CREDIT AND SECURITY AGREEMENT (TERM LOAN) (this “Agreement”) is made as of the 31st day of July, 2024, by and among AKOYA BIOSCIENCES, INC., a Delaware corporation (“Borrower”), MIDCAP FINANCIAL TRUST, a Delaware statutory trust, as Agent (in such capacity, together with its successors and assigns, “Agent”) and the Lenders (as defined in the Credit Agreement referenced below) party hereto.

Fourth aMENDMENT to AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT (term LOAN)
Credit and Security Agreement (Term Loan) • November 7th, 2023 • Sight Sciences, Inc. • Surgical & medical instruments & apparatus

This FOURTH AMENDMENT TO AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT (TERM LOAN) (this “Agreement”) is made as of this 6th day of November, 2023 (“Effective Date”), by and among SIGHT SCIENCES, INC., a Delaware corporation (“Borrower”), MIDCAP FINANCIAL TRUST, as Agent for Lenders (in such capacity and together with its permitted successors and assigns, the “Agent”) and the other financial institutions or other entities from time to time parties to the Credit Agreement referenced below, each as a Lender.

amendment No. 1 to CREDIT AND SECURITY AGREEMENT (TERM LOAN)
Credit and Security Agreement (Term Loan) • March 25th, 2020 • HTG Molecular Diagnostics, Inc • Laboratory analytical instruments • New York

This AMENDMENT NO. 1 TO CREDIT AND SECURITY AGREEMENT (TERM LOAN) (this “Agreement”) is made as of this 28th day of November, 2018, by and among HTG MOLECULAR DIAGNOSTICS, INC., a Delaware corporation (“HTG”), MIDCAP FINANCIAL TRUST, as Agent for the Lenders (in such capacity, together with its successors and assigns, “Agent”), and the other financial institutions party hereto, each as a Lender.

LIMITED CONSENT and first amendment TO AMENDED AND RESTATED to CREDIT AND SECURITY AGREEMENT (TERM LOAN)
Credit and Security Agreement (Term Loan) • March 16th, 2020 • Sientra, Inc. • Orthopedic, prosthetic & surgical appliances & supplies • Maryland

This LIMITED CONSENT AND FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT (TERM LOAN) (this “Agreement”) is made as November [●], 2019, by and among SIENTRA, INC., a Delaware corporation, MIRADRY HOLDINGS, INC., a Delaware corporation (formerly known as Miramar Labs, Inc.), MIRADRY, INC., a Delaware corporation (formerly known as Miramar Technologies, Inc.), MIRADRY INTERNATIONAL, INC., a Delaware corporation, MIDCAP FINANCIAL TRUST, as Agent (in such capacity, together with its successors and assigns, “Agent”), and the other financial institutions or other entities from time to time parties to the Credit Agreement referenced below, each as a Lender.

AMENDMENT NO. 2 TO CREDIT AND SECURITY AGREEMENT (TERM LOAN)
Credit and Security Agreement (Term Loan) • May 4th, 2018 • Invuity, Inc. • Surgical & medical instruments & apparatus • New York

This AMENDMENT NO. 2 TO CREDIT AND SECURITY AGREEMENT (TERM LOAN) (this “Agreement”) is made as of this 30th day of April, 2018, by and among INVUITY, INC., a Delaware corporation (“Invuity”), MIDCAP FINANCIAL TRUST, as Agent (in such capacity, together with its successors and assigns, “Agent”), and the other financial institutions party hereto, each as a Lender.

FIRST aMENDMENT TO AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT (term LOAN)
Credit and Security Agreement (Term Loan) • November 10th, 2021 • Sight Sciences, Inc. • Surgical & medical instruments & apparatus • New York

This FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT (TERM LOAN) (this “Agreement”) is made as of this 5th day of October, 2021 (“Effective Date”), by and among SIGHT SCIENCES, INC., a Delaware corporation (“Borrower”), MIDCAP FINANCIAL TRUST, as Agent for Lenders (in such capacity and together with its permitted successors and assigns, the “Agent”) and the other financial institutions or other entities from time to time parties to the Credit Agreement referenced below, each as a Lender.

Second aMENDMENT to AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT (term LOAN)
Credit and Security Agreement (Term Loan) • March 24th, 2022 • Sight Sciences, Inc. • Surgical & medical instruments & apparatus • New York

This SECOND AMENDMENT TO AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT (TERM LOAN) (this “Agreement”) is made as of this 15th day of October, 2021 (“Effective Date”), by and among SIGHT SCIENCES, INC., a Delaware corporation (“Borrower”), MIDCAP FINANCIAL TRUST, as Agent for Lenders (in such capacity and together with its permitted successors and assigns, the “Agent”) and the other financial institutions or other entities from time to time parties to the Credit Agreement referenced below, each as a Lender.

AMENDMENT NO. 1 TO CREDIT AND SECURITY AGREEMENT (TERM LOAN)
Credit and Security Agreement (Term Loan) • September 27th, 2017 • Invuity, Inc. • Surgical & medical instruments & apparatus • New York

This AMENDMENT NO. 1 TO CREDIT AND SECURITY AGREEMENT (TERM LOAN) (this “Agreement”) is made as of this 26th day of September, 2017, by and among INVUITY, INC., a Delaware corporation (“Invuity”), MidCap Financial Trust, as Agent (in such capacity, together with its successors and assigns, “Agent”), and the other financial institutions party hereto, each as a Lender.

AMENDMENT NO. 1 TO CREDIT AND SECURITY AGREEMENT (TERM LOAN)
Credit and Security Agreement (Term Loan) • November 7th, 2016 • EndoChoice Holdings, Inc. • Surgical & medical instruments & apparatus

This AMENDMENT NO. 1 TO CREDIT AND SECURITY AGREEMENT (TERM LOAN) (this “Agreement”) is made as of this 2nd day of August, 2016, by and among ENDOCHOICE HOLDINGS, INC. (“Holdings”), ENDOCHOICE, INC. (“Endochoice”), ROBERT S. SMITH, M.D., INC. (together with Holdings and Endochoice, collectively in the singular, “Borrower”), MidCap Financial Trust, as Agent (in such capacity, together with its successors and assigns, “Agent”) and the other financial institutions party hereto, each as a Lender.

AMENDMENT NO. 2 TO CREDIT AND SECURITY AGREEMENT (TERM LOAN)
Credit and Security Agreement (Term Loan) • May 9th, 2022 • Paragon 28, Inc. • Surgical & medical instruments & apparatus • New York

This AMENDMENT NO. 2 TO CREDIT AND SECURITY AGREEMENT (TERM LOAN) (this “Agreement”) is made as of the 24th day of March, 2022, by and among PARAGON 28, INC., a Delaware corporation (“Paragon 28”), PARAGON ADVANCED TECHNOLOGIES, INC., a Delaware corporation (“Paragon Advanced Technologies”, and Paragon Advanced Technologies, together with Paragon 28, each a “Borrower” and collectively, the “Borrowers”), MIDCAP FINANCIAL TRUST, a Delaware statutory trust, as Agent (in such capacity, together with its successors and assigns, “Agent”) and the Lenders (as defined in the Credit Agreement referenced below) party hereto.

Third aMENDMENT to AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT (term LOAN)
Credit and Security Agreement (Term Loan) • March 16th, 2023 • Sight Sciences, Inc. • Surgical & medical instruments & apparatus

This THIRD AMENDMENT TO AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT (TERM LOAN) (this “Agreement”) is made as of this 28th day of December, 2022 (“Effective Date”), by and among SIGHT SCIENCES, INC., a Delaware corporation (“Borrower”), MIDCAP FINANCIAL TRUST, as Agent for Lenders (in such capacity and together with its permitted successors and assigns, the “Agent”) and the other financial institutions or other entities from time to time parties to the Credit Agreement referenced below, each as a Lender.

amendment No. 3 to AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT (TERM LOAN)
Credit and Security Agreement (Term Loan) • August 11th, 2023 • Alpha Teknova, Inc. • In vitro & in vivo diagnostic substances • New York

This AMENDMENT NO. 3 TO Amended and Restated CREDIT AND SECURITY AGREEMENT (term Loan) (this “Agreement”) is made as of July 13, 2023, by and among Alpha teknova, inc., a Delaware corporation (“Borrower”), MIDCAP FINANCIAL TRUST, a Delaware statutory trust, as Agent (in such capacity, together with its successors and assigns, “Agent”) and the other financial institutions or other entities from time to time parties to the Credit Agreement referenced below, each as a Lender.

AMENDMENT NO. 3 TO CREDIT AND SECURITY AGREEMENT (TERM LOAN)
Credit and Security Agreement (Term Loan) • August 3rd, 2018 • Invuity, Inc. • Surgical & medical instruments & apparatus • New York

This AMENDMENT NO. 3 TO CREDIT AND SECURITY AGREEMENT (TERM LOAN) (this “Agreement”) is made as of this 31st day of July, 2018, by and among INVUITY, INC., a Delaware corporation (“Invuity”), MIDCAP FINANCIAL TRUST, as Agent (in such capacity, together with its successors and assigns, “Agent”), and the other financial institutions party hereto, each as a Lender.

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