Credit, Guaranty and Security Agreement Sample Contracts

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:

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THIRD AMENDMENT AND WAIVER TO CREDIT, GUARANTY AND SECURITY AGREEMENT
Credit, 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

OMNIBUS FIRST aMENDMENT TO CREDIT, GUARANTY AND SECURITY AGREEMENT and FIRST AMENDMENT TO PLEDGE AGREEMENT
Credit, Guaranty and Security Agreement • November 12th, 2019 • Gossamer Bio, Inc. • Pharmaceutical preparations • New York

This OMNIBUS FIRST AMENDMENT TO CREDIT, GUARANTY AND SECURITY AGREEMENT AND FIRST AMENDMENT TO PLEDGE AGREEMENT (this “Agreement”) is made as of this 18th day of September, 2019 (“Effective Date”), by and among GB001, INC., a Delaware corporation (“Borrower”), GOSSAMER BIO, INC., Delaware corporation (“Parent”), and the Subsidiaries of Parent shown as signatories hereto, each as a Guarantor (collectively, with Parent, 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 AND CONSENT TO CREDIT, GUARANTY AND SECURITY AGREEMENT
Credit, 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 AGREEMENT
Credit, 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.

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Credit, Guaranty and Security Agreement • October 14th, 2003 • Evergreen International Aviation Inc • Air transportation, nonscheduled • New York
DEBTOR-IN-POSSESSION CREDIT, GUARANTY AND SECURITY AGREEMENT dated as of December 5, 2012 among K-V PHARMACEUTICAL COMPANY, as Borrower, CERTAIN SUBSIDIARIES OF THE BORROWER, as Guarantors, VARIOUS DIP LENDERS, and SILVER POINT FINANCE, LLC, as DIP...
Credit, Guaranty and Security Agreement • December 17th, 2012 • Kv Pharmaceutical Co /De/ • Pharmaceutical preparations • New York

This DEBTOR-IN-POSSESSION CREDIT, GUARANTY AND SECURITY AGREEMENT, dated as of December 5, 2012, is entered into by and among K-V PHARMACEUTICAL COMPANY, a Delaware corporation (the “Borrower”), CERTAIN SUBSIDIARIES OF THE BORROWER, as Guarantors, the DIP Lenders party hereto from time to time, and SILVER POINT FINANCE, LLC (“Silver Point”), as administrative agent and collateral agent (in such capacities, together with any successors and assigns, collectively, “DIP Agent”).

SECOND aMENDMENT TO CREDIT, GUARANTY AND SECURITY AGREEMENT
Credit, 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.

CREDIT, GUARANTY AND SECURITY AGREEMENT
Credit, 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:

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