CREDIT, GUARANTY AND SECURITY AGREEMENT dated as of May 2, 2019 by and among GB001, Inc., as Borrower and any additional borrower that hereafter becomes party hereto, GOSSAMER BIO, INC., as Guarantor and the Guarantors from time to time party hereto,...Credit, Guaranty and Security Agreement • May 3rd, 2019 • Gossamer Bio, Inc. • Pharmaceutical preparations • New York
This CREDIT, GUARANTY AND SECURITY AGREEMENT (this “Agreement”), dated as of May 2, 2019 (the “Closing Date”) by and among MIDCAP FINANCIAL TRUST, a Delaware statutory trust (“MidCap”), as administrative agent, the Lenders listed on the Credit Facility Schedule attached hereto and otherwise party hereto from time to time (each a “Lender”, and collectively the “Lenders”), GB001, INC., a Delaware corporation (“Gossamer”), and the other entities from time to time party to this Agreement as borrowers (collectively in the singular, “Borrower”), GOSSAMER BIO, INC., Delaware corporation, (“Parent”) and the Subsidiaries of Parent shown as signatories hereto and the other entities from time to time party to this Agreement as guarantors, each as a Guarantor (collectively, with Parent, the “Guarantors”), provides the terms on which Lenders agree to lend to Borrower and Borrower shall repay the Lenders. The parties agree as follows:
Exhibit 10.37 SECOND AMENDMENT TO CREDIT, GUARANTY AND SECURITY AGREEMENT THIS SECOND AMENDMENT TO CREDIT, GUARANTY AND SECURITY AGREEMENT, dated as of August 15, 2003 (this "Second Amendment"), by and among Evergreen International Aviation, Inc., an...Credit, Guaranty and Security Agreement • October 14th, 2003 • Evergreen International Aviation Inc • Air transportation, nonscheduled • New York
THIRD AMENDMENT AND WAIVER TO CREDIT, GUARANTY AND SECURITY AGREEMENTCredit, Guaranty and Security Agreement • December 17th, 2003 • Evergreen International Aviation Inc • Air transportation, nonscheduled • New York
THIS THIRD AMENDMENT AND WAIVER TO CREDIT, GUARANTY AND SECURITY AGREEMENT, dated as of October 14, 2003 (this “Third Amendment”), by and among Evergreen International Aviation, Inc., an Oregon corporation (“Borrower”), the various Subsidiaries (direct and indirect) of Borrower (other than Boomer Air, Inc., a Delaware corporation, a former Subsidiary of Borrower, which was dissolved on September 13, 2003) whose names appear on the signature pages to the Credit Agreement (as defined below) or who may thereafter become parties thereto by executing and delivering an Instrument of Joinder (the “Subsidiary Parties”), Evergreen Holdings, Inc., an Oregon corporation (“Parent Company”), a Delaware common law trust created pursuant to that certain Trust Agreement, dated as of February 25, 1986, as amended and restated pursuant to the Amended and Restated Trust Agreement, dated as of August 31, 1987, as amended on August 31, 1988, and as amended and restated pursuant to the Second Amended and Re
AMENDED AND RESTATED CREDIT, GUARANTY AND SECURITY AGREEMENT dated as of February 1, 2022 by and among TRANSFIX, INC. and its other Affiliates from time to time party hereto, as a Borrower, and collectively as Borrowers, and its other Affiliates from...Credit, Guaranty and Security Agreement • February 7th, 2022 • Transfix Holdings, Inc. • Arrangement of transportation of freight & cargo • New York
AMENDED AND RESTATED CREDIT, SECURITY AND GUARANTY AGREEMENT, dated as of August 3, 2015, by and amongCredit, Guaranty and Security Agreement • November 4th, 2015 • Quotient LTD • In vitro & in vivo diagnostic substances • Maryland
This AMENDED AND RESTATED CREDIT, GUARANTY AND SECURITY AGREEMENT (this “Agreement”), dated as of August 3, 2015 (the “Closing Date”), by and among MIDCAP FINANCIAL TRUST, a Delaware statutory trust (“MidCap”), as administrative agent (together with its successors and assigns, “Agent”), the Lenders listed on the Credit Facility Schedule attached hereto and otherwise party hereto from time to time (each a “Lender”, and collectively the “Lenders”), Quotient Biodiagnostics, Inc., a Delaware corporation (“Borrower”), and the other Credit Parties listed on the signature pages hereof, provides the terms on which Lenders shall lend to Borrower and Borrower shall repay Lenders.
FOURTH AMENDMENT AND CONSENT TO CREDIT, GUARANTY AND SECURITY AGREEMENTCredit, Guaranty and Security Agreement • February 27th, 2004 • Evergreen International Aviation Inc • Air transportation, nonscheduled • New York
THIS FOURTH AMENDMENT AND CONSENT TO CREDIT, GUARANTY AND SECURITY AGREEMENT, dated as of February 24, 2004 (this “Fourth Amendment”), by and among Evergreen International Aviation, Inc., an Oregon corporation (“Borrower”), the various Subsidiaries (direct and indirect) of Borrower whose names appear on the signature pages to the Credit Agreement (as defined below) or who may thereafter become parties thereto by executing and delivering an Instrument of Joinder (the “Subsidiary Parties”), Evergreen Holdings, Inc., an Oregon corporation (“Parent Company”), a Delaware common law trust created pursuant to that certain Trust Agreement, dated as of February 25, 1986, as amended and restated pursuant to the Amended and Restated Trust Agreement, dated as of August 31, 1987, as amended on August 31, 1988, and as amended and restated pursuant to the Second Amended and Restated Trust Agreement, dated as of September 29, 1995, as amended as of May 8, 2003, among the Borrower (an assignee of the P
THIRD AMENDMENT TO CREDIT, GUARANTY AND SECURITY AGREEMENTCredit, Guaranty and Security Agreement • March 17th, 2023 • Gossamer Bio, Inc. • Pharmaceutical preparations
(this “Agreement”) is made as of this 7th day of December, 2022 (“Effective Date”), by and among GB001, INC., a Delaware corporation (“GB001”), GOSSAMER BIO, INC., Delaware corporation (“Parent”), GB002, INC., a Delaware corporation (“GB002”), GB004, INC., a Delaware corporation (“GB004” and GB004 together with Parent, GB001 and GB002, collectively, the “Borrower”) and the Subsidiaries of Parent shown as signatories hereto as Guarantors (collectively, the “Guarantors”), 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.
SENIOR SECURED CREDIT, GUARANTY AND SECURITY AGREEMENT BY AND AMONG ENJOY TECHNOLOGY, INC., ENJOY TECHNOLOGY OPERATING CORP., ENJOY TECHNOLOGY LLC, THE OTHER PERSONS FROM TIME TO TIME PARTY HERETO AS BORROWERS, THE OTHER PERSONS FROM TIME TO TIME...Credit, Guaranty and Security Agreement • June 30th, 2022 • Enjoy Technology, Inc./De • Services-business services, nec • Tennessee
THIS SENIOR SECURED CREDIT, GUARANTY AND SECURITY AGREEMENT (the “Agreement”), is made and entered into as of the 29th day of June, 2022 (the “Closing Date”), by and between Enjoy Technology, Inc., a Delaware corporation (“Enjoy”), Enjoy Technology Operating Corp., a Delaware corporation (“Enjoy Operating”), Enjoy Technology LLC, a Delaware limited liability company (“Enjoy LLC” and together with Enjoy, Enjoy Operating and each other Person who joins in the execution hereof after the Closing Date as a borrower pursuant to the terms hereunder, each individually a “Borrower” and collectively “Borrowers”), the other Loan Parties party hereto, and Asurion, LLC, a Delaware limited liability company (“Asurion” or “Lender”).
SECOND aMENDMENT TO CREDIT, GUARANTY AND SECURITY AGREEMENTCredit, Guaranty and Security Agreement • July 2nd, 2020 • Gossamer Bio, Inc. • Pharmaceutical preparations • New York
This SECOND AMENDMENT TO CREDIT, GUARANTY AND SECURITY AGREEMENT (this “Agreement”) is made as of this 2nd day of July, 2020 (“Effective Date”), by and among GB001, INC., a Delaware corporation (“GB001”), GOSSAMER BIO, INC., Delaware corporation (“Parent”), GB002, INC., a Delaware corporation (“GB002”), GB004, INC., a Delaware corporation (“GB004” and GB004 together with Parent and GB002, each a “New Borrower” and collectively, the “New Borrowers” and the New Borrowers together with GB001, collectively, the “Borrower”) and the Subsidiaries of Parent shown as signatories hereto as Guarantors (collectively, the “Guarantors”), 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.
FOURTH AMENDMENT TO REVOLVING CREDIT, GUARANTY AND SECURITY AGREEMENTCredit, Guaranty and Security Agreement • June 30th, 2023 • Babcock & Wilcox Enterprises, Inc. • Heating equipment, except electric & warm air furnaces
THIS FOURTH AMENDMENT TO REVOLVING CREDIT, GUARANTY AND SECURITY AGREEMENT (this “Amendment”), dated as of June 26, 2023, is entered into by and among BABCOCK & WILCOX ENTERPRISES, INC. (the “Borrower”), certain Guarantors from time to time party to the Credit Agreement referred to below (the “Guarantors” and, together with the Borrower, the “Loan Parties” and each, a “Loan Party”), certain financial institutions from time to time party to the Credit Agreement referred to below (collectively, the “Lenders”), and PNC BANK, NATIONAL ASSOCIATION, a national banking association, as agent for Lenders under the Credit Agreement referred to below (in such capacity, the “Agent”). Terms used herein without definition shall have the meanings ascribed to them in the Credit Agreement defined below.
CREDIT, GUARANTY AND SECURITY AGREEMENTCredit, Guaranty and Security Agreement • March 7th, 2014 • Quotient LTD • In vitro & in vivo diagnostic substances • Maryland
THIS CREDIT, GUARANTY AND SECURITY AGREEMENT (this “Agreement”), dated as of December 6, 2013 (the “Closing Date”), by and among MIDCAP FUNDING V, LLC, a Delaware limited liability company (“MidCap”), as administrative agent (together with its successors and assigns, “Agent”), the Lenders listed on the Credit Facility Schedule attached hereto and otherwise party hereto from time to time (each a “Lender”, and collectively the “Lenders”), QUOTIENT BIODIAGNOSTICS, INC., a Delaware corporation (“Borrower”), the other Credit Parties listed on the signature pages hereof, provides the terms on which Lenders shall lend to Borrower and Borrower shall repay Lenders. The parties agree as follows:
