FIFTH AMENDED SECURITY AGREEMENTFifth Amended Security Agreement • August 20th, 2007 • Sutura, Inc. • Surgical & medical instruments & apparatus • Minnesota
THIS FIFTH AMENDED SECURITY AGREEMENT (this “Agreement”) is made as of June 1, 2007, by and among Sutura, Inc., a Delaware corporation (“Sutura”), Pandora Select Partners, L.P., a British Virgin Islands limited partnership (“Pandora”), Whitebox Hedged High Yield Partners, L.P., a British Virgin Islands limited partnership (“WHHY”), Whitebox Convertible Arbitrage Partners, L.P., a British Virgin Islands limited partnership (“WCAP”), Whitebox Intermarket Partners, L.P., a British Virgin Islands limited partnership (“WIP”), Gary S. Kohler (“Kohler”) and Scot W. Malloy (“Malloy”), each residents of the State of Minnesota, and Synapse Capital, LLC, a California limited liability company, as agent (“Synapse Secured Party”). Pandora, WHHY, WCAP, WIP, Kohler and Malloy are referred to herein individually as a “Whitebox Secured Party” and together as the "Whitebox Secured Parties.” Synapse Secured Party and the Whitebox Secured Parties are referred to herein individually as a “Secured Party” an
