Credit, Security and Guaranty Agreement Sample Contracts

Amendment No. 1 to CREDIT, SECURITY AND GUARANTY AGREEMENT
Credit, Security and Guaranty Agreement • October 30th, 2024 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York

This Amendment No. 1 TO CREDIT, SECURITY AND GUARANTY AGREEMENT (this “Agreement”) is made as of this 29th day of October, 2024, by and among ALPHATEC HOLDINGS, INC., a Delaware corporation (the “Borrower”), the Guarantors party hereto (the “Guarantors”), WILMINGTON TRUST, NATIONAL ASSOCIATION, in its capacity as administrative agent and collateral agent (in such capacities and together with its permitted successors and assigns, the “Agent”), and the Lenders party hereto.

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CREDIT, SECURITY AND GUARANTY AGREEMENT, dated as of November 6, 2018, by and among ALPHATEC HOLDINGS, INC., ALPHATEC SPINE, INC., and SAFEOP SURGICAL, INC. each as a Borrower, and collectively as Borrowers, the other Credit Parties party hereto, and...
Credit, Security and Guaranty Agreement • March 29th, 2019 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York

THIS CREDIT, SECURITY AND GUARANTY AGREEMENT (as the same may be amended, supplemented, restated or otherwise modified from time to time, the “Agreement”) is dated as of November 6, 2018, by and among ALPHATEC HOLDINGS, INC., a Delaware corporation, ALPHATEC SPINE, INC., a California corporation, SAFEOP SURGICAL, INC., a Delaware corporation, and each additional borrower that may hereafter be added to this Agreement (each individually as a “Borrower”, and collectively as “Borrowers”), the other Credit Parties listed on the signature pages hereof, and SQUADRON MEDICAL FINANCE SOLUTIONS LLC, a Delaware limited liability company as lender (“Lender”).

EX-10.2 3 qtnt-ex102_329.htm EX-10.2 Execution Version AMENDMENT NO. 1 AND JOINDER TO CREDIT, SECURITY AND GUARANTY AGREEMENT
Credit, Security and Guaranty Agreement • May 5th, 2020

This AMENDMENT NO. 1 AND JOINDER TO CREDIT, SECURITY AND GUARANTY AGREEMENT (this “Agreement”) is made as of this 10th day of September, 2015 (the “Effective Date”), by and among quotient biodiagnostics, inc., a Delaware corporation (the “Borrower”), the other Credit Parties listed on the signature pages hereof, MIDCAP FINANCIAL TRUST, a Delaware statutory trust, as administrative agent (together with its 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, SECURITY AND GUARANTY AGREEMENT dated as of March 27, 2023 by and among SHIMMICK CONSTRUCTION COMPANY, INC., RUST CONSTRUCTORS INC., THE LEASING CORPORATION, and the other entities shown on the signature pages hereto and any additional...
Credit, Security and Guaranty Agreement • October 27th, 2023 • Shimmick Corp • Heavy construction other than bldg const - contractors • New York

THIS CREDIT, SECURITY AND GUARANTY AGREEMENT (as the same may be amended, supplemented, restated or otherwise modified from time to time, the “Agreement”) is dated as of March 27, 2023 by and among SHIMMICK CONSTRUCTION COMPANY, INC., a California corporation (“Shimmick”), RUST CONSTRUCTORS INC., a Delaware corporation, THE LEASING CORPORATION, a Nevada corporation, and each additional borrower that may hereafter be added to this Agreement (collectively, together with each of their successors and permitted assigns, each individually as a “Borrower”, and collectively as “Borrowers”), SCCI NATIONAL HOLDINGS, INC., a Delaware corporation (“Holdings”), and any entities that become party hereto as Guarantors (together with each of their successors and permitted assigns, each individually as a “Guarantor”, and collectively as “Guarantors”), MIDCAP FUNDING IV TRUST, a Delaware statutory trust, as Agent, and the financial institutions or other entities from time to time parties hereto, each as

CREDIT, SECURITY AND GUARANTY AGREEMENT
Credit, Security and Guaranty Agreement • February 28th, 2023 • ViewRay, Inc. • Electromedical & electrotherapeutic apparatus • New York
AMENDMENT NO. 1 TO CREDIT, SECURITY AND GUARANTY AGREEMENT
Credit, Security and Guaranty Agreement • October 27th, 2023 • Shimmick Corp • Heavy construction other than bldg const - contractors • New York

This AMENDMENT NO. 1 TO CREDIT, SECURITY AND GUARANTY AGREEMENT (this “Agreement”) is made as of this 30th day of June 2023 (the “First Amendment Effective Date”), by and among SHIMMICK CONSTRUCTION COMPANY, INC., a California corporation (“Shimmick”), RUST CONSTRUCTORS INC., a Delaware corporation, THE LEASING CORPORATION, a Nevada corporation, (collectively, the “Borrowers” and each individually, a “Borrower”), SCCI NATIONAL HOLDINGS, INC., a Delaware corporation (“Holdings”), MIDCAP FUNDING IV TRUST, a Delaware statutory trust, as Agent, and the financial institutions or other entities parties hereto, each as a Lender.

amendment No. 2 to CREDIT, SECURITY AND GUARANTY AGREEMENT
Credit, Security and Guaranty Agreement • May 7th, 2024 • Rubicon Technologies, Inc. • Services-prepackaged software • New York

This AMENDMENT NO. 2 TO CREDIT, SECURITY AND GUARANTY AGREEMENT (this “Agreement”) is made as of May 7, 2024, by and among RUBICON TECHNOLOGIES HOLDINGS, LLC, a Delaware limited liability company (“Holdings”), RUBICON TECHNOLOGIES INTERNATIONAL, INC., a Delaware corporation, RUBICON GLOBAL, LLC, a Delaware limited liability company, CLEANCO LLC, a New Jersey limited liability company, CHARTER WASTE MANAGEMENT, INC., a Delaware corporation, RIVERROAD WASTE SOLUTIONS, INC., a New Jersey corporation (each individually as a “Borrower”, and collectively as “Borrowers”), RUBICON TECHNOLOGIES, INC., a Delaware corporation (“Parent”), ACQUIOM AGENCY SERVICES LLC, 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, constituting the Required Lenders.

EX-10.15F 2 wwe-20170630xex10_15f.htm EX-10.15F AMENDMENT NO. 2 TO THE CREDIT, SECURITY AND GUARANTY AGREEMENT
Credit, Security and Guaranty Agreement • May 5th, 2020

This Amendment No. 2 to the Credit, Security and Guaranty Agreement (“Amendment”), is being entered into as of April 30, 2017, among WWE Studios Finance Corp., a Delaware corporation (the “Borrower”), the Guarantors (as defined in the Credit Agreement), the Lenders (as defined in the Credit Agreement), and Bank of America, N.A., as Administrative Agent (as defined in the Credit Agreement) and L/C Issuer.

AMENDMENT NO. 2 TO CREDIT, SECURITY AND GUARANTY AGREEMENT
Credit, Security and Guaranty Agreement • October 27th, 2023 • Shimmick Corp • Heavy construction other than bldg const - contractors • New York

This AMENDMENT NO. 2 TO CREDIT, SECURITY AND GUARANTY AGREEMENT (this “Agreement”) is made as of this 22nd day of September, 2023 (the “Second Amendment Effective Date”), by and among SHIMMICK CONSTRUCTION COMPANY, INC., a California corporation (“Shimmick”), RUST CONSTRUCTORS INC., a Delaware corporation, THE LEASING CORPORATION, a Nevada corporation, (collectively, the “Borrowers” and each individually, a “Borrower”), SHIMMICK CORPORATION (f/k/a SCCI National Holdings, Inc.), a Delaware corporation (“Holdings”), MIDCAP FUNDING IV TRUST, a Delaware statutory trust, as Agent, and the financial institutions or other entities parties hereto, each as a Lender.

AMENDMENT NO. 1 to CREDIT, SECURITY AND GUARANTY AGREEMENT
Credit, Security and Guaranty Agreement • May 4th, 2017 • Wright Medical Group N.V. • Orthopedic, prosthetic & surgical appliances & supplies

This AMENDMENT No. 1 TO CREDIT, SECURITY AND GUARANTY AGREEMENT (this “Amendment”) is made as of this 2nd day of February, 2017, by and among WRIGHT MEDICAL GROUP N.V., a public limited liability company organized and existing under the laws of the Netherlands with its corporate seat (statutaire zetel) in Amsterdam and registered with the Dutch trade register under number 34250781, as a Guarantor (“Parent”), WRIGHT MEDICAL GROUP, INC., a Delaware corporation (“Wright”), each of the direct and indirect Subsidiaries of Parent set forth on the signature pages hereto (individually as a “Borrower”, and collectively with Wright, the “Borrowers”), MIDCAP FUNDING IV TRUST, a Delaware statutory trust, individually as a Lender, and 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, SECURITY AND GUARANTY AGREEMENT
Credit, Security and Guaranty Agreement • September 26th, 2024 • Shimmick Corp • Heavy construction other than bldg const - contractors • New York

This AMENDMENT NO. 1 TO CREDIT, SECURITY AND GUARANTY AGREEMENT (this “Agreement”) is made as of this 25th day of September, 2024 (the “First Amendment Effective Date”), by and among SHIMMICK CONSTRUCTION COMPANY, INC., a California corporation (“Shimmick”), RUST CONSTRUCTORS INC., a Delaware corporation, THE LEASING CORPORATION, a Nevada corporation, (collectively, the “Borrowers” and each individually, a “Borrower”), SHIMMICK CORPORATION (f/k/a SCCI National Holdings, Inc.), a Delaware corporation (“Holdings”), ALTER DOMUS (US) LLC, a Delaware limited liability company, as Agent, and the financial institutions or other entities parties hereto, each as a Lender.

FIRST AMENDMENT TO CREDIT, SECURITY AND GUARANTY AGREEMENT
Credit, Security and Guaranty Agreement • May 10th, 2019 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York

This FIRST AMENDMENT TO CREDIT, SECURITY AND GUARANTY AGREEMENT (this “Amendment”) is entered into as of March 27, 2019, by and among ALPHATEC HOLDINGS, INC., a Delaware corporation, ALPHATEC SPINE, INC., a California corporation and SAFEOP SURGICAL, INC., a Delaware corporation (each individually as a “Borrower” and collectively, as “Borrowers”) and SQUADRON MEDICAL FINANCE SOLUTIONS LLC, a Delaware limited liability company as lender (“Lender”).

LIMITED WAIVER AND amendment No. 1 to CREDIT, SECURITY AND GUARANTY AGREEMENT
Credit, Security and Guaranty Agreement • September 21st, 2023 • Rubicon Technologies, Inc. • Services-prepackaged software • New York

This LIMITED WAIVER AND AMENDMENT NO. 1 TO CREDIT, SECURITY AND GUARANTY AGREEMENT (this “Agreement”) is made as of September 17, 2023, by and among RUBICON TECHNOLOGIES HOLDINGS, LLC, a Delaware limited liability company (“Holdings”), RUBICON TECHNOLOGIES INTERNATIONAL, INC., a Delaware corporation, RUBICON GLOBAL, LLC, a Delaware limited liability company, CLEANCO LLC, a New Jersey limited liability company, CHARTER WASTE MANAGEMENT, INC., a Delaware corporation, RIVERROAD WASTE SOLUTIONS, INC., a New Jersey corporation (each individually as a “Borrower”, and collectively as “Borrowers”), RUBICON TECHNOLOGIES, INC., a Delaware corporation (“Parent”), ACQUIOM AGENCY SERVICES LLC, 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, constituting the Required Lenders.

THIRD AMENDED AND RESTATED CREDIT, SECURITY AND GUARANTY AGREEMENT Dated as of September 8, 2004 among VENTAS REALTY, LIMITED PARTNERSHIP as Borrower and THE GUARANTORS REFERRED TO HEREIN and THE LENDERS REFERRED TO HEREIN and BANK OF AMERICA, N.A. as...
Credit, Security and Guaranty Agreement • September 13th, 2004 • Ventas Inc • Real estate investment trusts

THIRD AMENDED AND RESTATED CREDIT, SECURITY AND GUARANTY AGREEMENT, dated as of September 8, 2004 (as amended, modified, extended, supplemented or otherwise modified, renewed or replaced from time to time, this “Credit Agreement”), among VENTAS REALTY, LIMITED PARTNERSHIP, a Delaware limited partnership (the “Borrower”), as borrower, VENTAS, INC., a Delaware corporation (“Ventas”), and certain subsidiaries of Ventas identified herein, as guarantors, the lenders identified herein, including Bank of America, N.A., as Issuing Bank for the Letters of Credit hereunder, Bank of America, N.A. as Administrative Agent, Merrill Lynch & Co., Merrill Lynch Pierce Fenner & Smith Incorporated and UBS Securities LLC, as Co-Syndication Agents, and Calyon New York Branch, JPMorgan Chase Bank and Citicorp North America, Inc., as Co-Documentation Agents.

AMENDMENT NO. 5 TO CREDIT, SECURITY AND GUARANTY AGREEMENT
Credit, Security and Guaranty Agreement • September 26th, 2024 • Shimmick Corp • Heavy construction other than bldg const - contractors • New York

This AMENDMENT NO. 5 TO CREDIT, SECURITY AND GUARANTY AGREEMENT (this “Agreement”) is made as of September 25, 2024 (the “Fifth Amendment Effective Date”), by and among SHIMMICK CONSTRUCTION COMPANY, INC., a California corporation (“Shimmick”), RUST CONSTRUCTORS INC., a Delaware corporation, THE LEASING CORPORATION, a Nevada corporation, (collectively, the “Borrowers” and each individually, a “Borrower”), SHIMMICK CORPORATION (f/k/a SCCI National Holdings, Inc.), a Delaware corporation (“Holdings”), MIDCAP FUNDING IV TRUST, a Delaware statutory trust, as Agent, and the financial institutions or other entities parties hereto, each as a Lender.

amendment No. 2 to CREDIT, SECURITY AND GUARANTY AGREEMENT
Credit, Security and Guaranty Agreement • December 11th, 2023 • Rubicon Technologies, Inc. • Services-prepackaged software • New York

This AMENDMENT NO. 2 TO CREDIT, SECURITY AND GUARANTY AGREEMENT (this “Agreement”) is made as of December 5, 2023, by and among RUBICON TECHNOLOGIES HOLDINGS, LLC, a Delaware limited liability company (“Holdings”), RUBICON TECHNOLOGIES INTERNATIONAL, INC., a Delaware corporation, RUBICON GLOBAL, LLC, a Delaware limited liability company, CLEANCO LLC, a New Jersey limited liability company, CHARTER WASTE MANAGEMENT, INC., a Delaware corporation, RIVERROAD WASTE SOLUTIONS, INC., a New Jersey corporation (each individually as a “Borrower”, and collectively as “Borrowers”), RUBICON TECHNOLOGIES, INC., a Delaware corporation (“Parent”), MidCap Funding IV 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, constituting the Required Lenders.

FIRST Amendment to CREDIT, SECURITY AND GUARANTY AGREEMENT
Credit, Security and Guaranty Agreement • May 12th, 2017 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus

FIRST AMENDMENT TO CREDIT, SECURITY AND GUARANTY AGREEMENT (this “Agreement”) is made as of this 30th day of March, 2017 (the “First Amendment Effective Date”), by and among ALPHATEC HOLDINGS, INC., a Delaware corporation and ALPHATEC SPINE, INC., a California corporation (each individually as a “Borrower”, and collectively as “Borrowers”), the other Credit Parties listed on the signature pages hereof, and GLOBUS MEDICAL, INC., a Delaware corporation, being referred to herein individually as “Lender”.

CREDIT, SECURITY AND GUARANTY AGREEMENT (REVOLVING LOAN) dated as of March 29, 2019 by and among CERUS CORPORATION, and any additional borrower that hereafter becomes party hereto, each as Borrower, and collectively as Borrowers, any guarantor that...
Credit, Security and Guaranty Agreement • May 7th, 2019 • Cerus Corp • Surgical & medical instruments & apparatus • New York

This CREDIT, SECURITY AND GUARANTY AGREEMENT (REVOLVING LOAN) (as the same may be amended, supplemented, restated or otherwise modified from time to time, the “Agreement”) is dated as of March 29, 2019 by and among Cerus corporation, a Delaware corporation, and any additional borrower that may hereafter be added to this Agreement (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”), the guarantors from time to time party hereto, 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.

AMENDED AND RESTATED CREDIT, SECURITY AND GUARANTY AGREEMENT, dated as of August 3, 2015, by and among
Credit, Security and Guaranty 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.

FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT, SECURITY AND GUARANTY AGREEMENT
Credit, Security and Guaranty Agreement • March 19th, 2014 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus

THIS FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT, SECURITY AND GUARANTY AGREEMENT (this “Agreement”) is made as of this 17 day of March, 2014, by and among ALPHATEC HOLDINGS, INC., a Delaware corporation (“Alphatec Holdings”), ALPHATEC SPINE, INC., a California corporation (“Alphatec Spine”), ALPHATEC INTERNATIONAL LLC, a Delaware limited liability company (“Alphatec International”), and ALPHATEC PACIFIC, INC. (also known as Kabushiki-Kaisha Alphatec Pacific), a Japanese company (“Alphatec Pacific” and together with Alphatec Holdings, Alphatec Spine, and Alphatec International, each being referred to herein individually as a “Borrower”, and collectively as “Borrowers”), and MIDCAP FUNDING IV, LLC, a Delaware limited liability company, (as Agent for Lenders, “Agent”, and individually, as a Lender), and the other financial institutions or other entities from time to time parties to the Credit Agreement referenced below, each as a Lender.

CREDIT, SECURITY AND GUARANTY AGREEMENT
Credit, Security and Guaranty Agreement • July 29th, 2014 • Cardiome Pharma Corp • Pharmaceutical preparations

THIS CREDIT, SECURITY AND GUARANTY AGREEMENT (this “Agreement”), dated as of July 18, 2014 (the “Closing Date”) by and among MIDCAP FUNDING V, LLC, a Delaware limited liability company (“MidCap”), as administrative agent (“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”), and CARDIOME PHARMA CORP., an amalgamated corporation validly existing under the Canada Business Corporations Act and extraprovincially registered in the Province of British Columbia (“Parent”), and the other entities shown as signatories hereto as a Borrower (together with Parent, collectively in the singular, “Borrower”), provides the terms on which Lenders agree to lend to Borrower and Borrower shall repay Lenders. The parties agree as follows:

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CERTAIN INFORMATION INDICATED BY [***] HAS BEEN DELETED FROM THIS EXHIBIT AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT UNDER RULE 24B-2. CONSENT, JOINDER AND SECOND AMENDMENT TO...
Credit, Security and Guaranty Agreement • March 12th, 2018 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus

This CONSENT, JOINDER AND SECOND AMENDMENT TO CREDIT, SECURITY AND GUARANTY AGREEMENT (this “Agreement”) is made as of this 8th day of March, 2018 (the “Second Amendment Effective Date”), by and among ALPHATEC HOLDINGS, INC., a Delaware corporation (“Alphatec Holdings”), ALPHATEC SPINE, INC., a California corporation (“Alphatec Spine”; together with Alphatec Holdings, each being referred to herein individually as an “Original Borrower”, and collectively as “Original Borrowers”), SAFEOP SURGICAL, INC., a Delaware corporation (“New Borrower”, and New Borrower together with the Original Borrowers, the “Borrowers”), and GLOBUS MEDICAL, INC., a Delaware corporation, being referred to herein individually as “Lender.”

GUARANTY AGREEMENT
Credit, Security and Guaranty Agreement • February 28th, 2018 • Wright Medical Group N.V. • Orthopedic, prosthetic & surgical appliances & supplies

This LIMITED CONSENT AND AMENDMENT No. 2 TO CREDIT, SECURITY AND GUARANTY AGREEMENT (this “Amendment”) is made as of this 14th day of December, 2017, by and among WRIGHT MEDICAL GROUP N.V., a public limited liability company organized and existing under the laws of the Netherlands with its corporate seat (statutaire zetel) in Amsterdam and registered with the Dutch trade register under number 34250781, as a Guarantor (“Parent”), WRIGHT MEDICAL GROUP, INC., a Delaware corporation (“Wright”), each of the direct and indirect Subsidiaries of Parent set forth on the signature pages hereto (individually as a “Borrower”, and collectively with Wright, the “Borrowers”), MIDCAP FUNDING IV TRUST, a Delaware statutory trust, individually as a Lender, and 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 AMENDED AND RESTATED CREDIT, SECURITY AND GUARANTY AGREEMENT (REVOLVING LOAN)
Credit, Security and Guaranty Agreement • May 15th, 2024 • Xtant Medical Holdings, Inc. • Biological products, (no disgnostic substances) • New York

This AMENDMENT NO. 1 TO AMENDED AND RESTATED CREDIT, SECURITY AND GUARANTY AGREEMENT (REVOLVING LOAN) (this “Agreement”) is made as of May 14, 2024, by and among XTANT MEDICAL, INC., a Delaware corporation (“Xtant”), BACTERIN INTERNATIONAL, INC., a Nevada corporation, X-SPINE SYSTEMS, INC., an Ohio corporation, SURGALIGN SPV, INC., a Delaware corporation, and any 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”), XTANT MEDICAL HOLDINGS, INC., a Delaware corporation (“Holdings”), as a Guarantor, MidCap Funding IV 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.

SECOND AMENDMENT TO CREDIT, SECURITY AND GUARANTY AGREEMENT
Credit, Security and Guaranty Agreement • June 4th, 2020 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York

This SECOND AMENDMENT TO CREDIT, SECURITY AND GUARANTY AGREEMENT (this “Amendment”) is entered into as of May 29, 2020, by and among ALPHATEC HOLDINGS, INC., a Delaware corporation, ALPHATEC SPINE, INC., a California corporation and SAFEOP SURGICAL, INC., a Delaware corporation (each individually as a “Borrower” and collectively, as “Borrowers”) and SQUADRON MEDICAL FINANCE SOLUTIONS LLC, a Delaware limited liability company as lender (“Lender”).

Amendment No. 3 to CREDIT, SECURITY AND GUARANTY AGREEMENT
Credit, Security and Guaranty Agreement • October 30th, 2024 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York

This Amendment No. 3 TO CREDIT, SECURITY AND GUARANTY AGREEMENT (this “Agreement”) is made as of this 9th of September, 2024, by and among ALPHATEC HOLDINGS, INC., a Delaware corporation (“Holdings”), ALPHATEC SPINE, INC., a California corporation (“ATEC”), SAFEOP SURGICAL, INC., a Delaware corporation (“Safeop”, and each of Holdings, ATEC and Safeop being referred to herein individually as a “Borrower”, and collectively as “Borrowers”), MIDCAP FUNDING IV TRUST, a Delaware statutory trust, as agent (in such capacity and together with its permitted successors and assigns, the “Agent”), and the Lenders party hereto constituting the Required Lenders.

SIXTH Amendment to AMENDED AND RESTATED CREDIT, SECURITY AND GUARANTY AGREEMENT
Credit, Security and Guaranty Agreement • May 12th, 2017 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus

SIXTH AMENDMENT TO AMENDED AND RESTATED CREDIT, SECURITY AND GUARANTY AGREEMENT (this “Agreement”) is made as of this 30th day of March, 2017 (the “Sixth Amendment Effective Date”), by and among ALPHATEC HOLDINGS, INC., a Delaware corporation (“Alphatec Holdings”) and ALPHATEC SPINE, INC., a California corporation (“Alphatec Spine”; together with Alphatec Holdings, each being referred to herein individually as a “Borrower”, and collectively as “Borrowers”), MIDCAP FUNDING IV TRUST (as Agent for Lenders, “Agent”), and MIDCAP FUNDING IV TRUST, individually, as a Lender, and the other financial institutions or other entities from time to time parties to the Credit Agreement referenced below, each as a Lender.

OMNIBUS NINTH Amendment to AMENDED AND RESTATED CREDIT, SECURITY AND GUARANTY AGREEMENT AND LIMITED CONSENT UNDER INTERCREDITOR AGREEMENT
Credit, Security and Guaranty Agreement • May 10th, 2019 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • Maryland

This NINTH AMENDMENT TO AMENDED AND RESTATED CREDIT, SECURITY AND GUARANTY AGREEMENT (this “Agreement”) is made as of this 27th day of March, 2019, by and among ALPHATEC HOLDINGS, INC., a Delaware corporation (“Alphatec Holdings”), ALPHATEC SPINE, INC., a California corporation (“Alphatec Spine”), SafeOp Surgical, Inc., a Delaware corporation (“SafeOp”; together with Alphatec Holdings and Alphatec Spine, each being referred to herein individually as a “Borrower”, and collectively as “Borrowers”), MIDCAP FUNDING IV TRUST (as Agent for Lenders, “Agent”), and MIDCAP FUNDING IV TRUST, individually, as a Lender, and the other financial institutions or other entities from time to time parties to the Credit Agreement referenced below, each as a Lender.

COMPOSITE CONFORMED COPY CREDIT, SECURITY AND GUARANTY AGREEMENT Dated as of November 1, 1995
Credit, Security and Guaranty Agreement • November 15th, 1995 • Actava Group Inc • Services-photofinishing laboratories • New York
AMENDMENT NO. 1 TO AMENDED AND RESTATED CREDIT, SECURITY AND GUARANTY AGREEMENT (REVOLVING LOAN)
Credit, Security and Guaranty Agreement • March 5th, 2024 • Cerus Corp • Surgical & medical instruments & apparatus • New York

AND GUARANTY AGREEMENT (REVOLVING LOAN) (this “Agreement”) is made as of the 5th day of January, 2024, by and among CERUS CORPORATION, a Delaware corporation (“Borrower”), MIDCAP FUNDING IV 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.

Attn: Tara Semb Re: Credit, Security and Guaranty Agreement with Apyx Medical Corporation and Apyx China Holding Corp. Ladies and Gentlemen:
Credit, Security and Guaranty Agreement • February 24th, 2023 • Apyx Medical Corp • Surgical & medical instruments & apparatus

This fee letter (“Fee Letter”) is a “Fee Letter” referred to in that certain Credit, Security and Guaranty Agreement, dated as of the date hereof (as amended, restated, supplemented, amended and restated or otherwise modified from time to time, the “Credit Agreement”), by and among APYX MEDICAL CORPORATION, a Delaware corporation and the other entities from time to time party thereto, as borrowers (collectively in the singular, “Borrower”), APYX CHINA HOLDING CORP., a Delaware corporation and any other entities that may become party thereto as a guarantor (collectively in the singular, “Guarantor”), the financial institutions or other entities from time to time parties thereto as lenders (the “Lenders”), MIDCAP FUNDING IV TRUST, a Delaware statutory trust, as administrative agent (in such capacity, together with its successors and assigns, “Agent”) and MIDCAP FINANCIAL TRUST, a Delaware statutory trust, as Term Loan Servicer (in such capacity, together with its successors and assigns,

CONSENT AND FIFTH AMENDMENT TO AMENDED AND RESTATED CREDIT, SECURITY AND GUARANTY AGREEMENT
Credit, Security and Guaranty Agreement • November 9th, 2016 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus

CONSENT AND FIFTH AMENDMENT TO AMENDED AND RESTATED CREDIT, SECURITY AND GUARANTY AGREEMENT (this “Agreement”) is made as of this 1st day of September, 2016 (the “Fifth Amendment Effective Date”), by and among ALPHATEC HOLDINGS, INC., a Delaware corporation (“Alphatec Holdings”), ALPHATEC SPINE, INC., a California corporation (“Alphatec Spine”; together with Alphatec Holdings, each being referred to herein individually as a “Borrower”, and collectively as “Borrowers”), and ALPHATEC PACIFIC, INC. (also known as Kabushiki-Kaisha Alphatec Pacific), a Japanese company (“Alphatec Pacific”), ALPHATEC INTERNATIONAL LLC, a Delaware limited liability company (“Alphatec International”; each of Alphatec International and Alphatec Pacific, also being referred to herein individually as “Former Borrower” and collectively as “Former Borrowers”), and MIDCAP FUNDING IV TRUST (formerly known as MidCap Funding IV, LLC, as Agent for Lenders, “Agent”), and MIDCAP FUNDING IV TRUST, individually, as a Lender

amendment No. 3 to CREDIT, SECURITY AND GUARANTY AGREEMENT
Credit, Security and Guaranty Agreement • January 30th, 2024 • Rubicon Technologies, Inc. • Services-prepackaged software • New York

This AMENDMENT NO. 3 TO CREDIT, SECURITY AND GUARANTY AGREEMENT (this “Agreement”) is made as of January 24, 2024, by and among RUBICON TECHNOLOGIES HOLDINGS, LLC, a Delaware limited liability company (“Holdings”), RUBICON TECHNOLOGIES INTERNATIONAL, INC., a Delaware corporation, RUBICON GLOBAL, LLC, a Delaware limited liability company, CLEANCO LLC, a New Jersey limited liability company, CHARTER WASTE MANAGEMENT, INC., a Delaware corporation, RIVERROAD WASTE SOLUTIONS, INC., a New Jersey corporation (each individually as a “Borrower”, and collectively as “Borrowers”), RUBICON TECHNOLOGIES, INC., a Delaware corporation (“Parent”), MidCap Funding IV 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, constituting the Required Lenders.

CREDIT, SECURITY AND GUARANTY AGREEMENT Dated as of May 13, 2015 Among WWE STUDIOS FINANCE CORP., as the Borrower, THE GUARANTORS PARTY HERETO, THE LENDERS PARTY HERETO and BANK OF AMERICA, N.A., as Administrative Agent and L/C Issuer MERRILL LYNCH,...
Credit, Security and Guaranty Agreement • July 31st, 2015 • World Wrestling Entertainmentinc • Services-motion picture & video tape production • New York

This CREDIT, SECURITY AND GUARANTY AGREEMENT (“Agreement”) is entered into as of May 13, 2015, among WWE STUDIOS FINANCE CORP., a Delaware corporation (the “Borrower”), the Guarantors referred herein, each lender from time to time that is or becomes a party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent and L/C Issuer.

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