LOAN AND GUARANTY AGREEMENTLoan and Guaranty Agreement • February 4th, 2015 • Pangaea Logistics Solutions Ltd. • Deep sea foreign transportation of freight • New York
THIS LOAN AND GUARANTY AGREEMENT (“Agreement”) is entered into as of the 25th day of February, 2011, between GATX CORPORATION, a New York corporation (“Lender”), and BULK DISCOVERY (BERMUDA) LTD., a Bermuda company (“Borrower”), BULK PARTNERS (BERMUDA) LTD., a Bermuda company (“Holding Company”), and AMERICAS BULK TRANSPORT (BVI) LIMITED, a British Virgin Islands business company (“Charterer”), with respect to the following facts:
Exhibit 10.6 LOAN AND GUARANTY AGREEMENT THIS AGREEMENT, dated this 11th day of January 2001 is by and between Z-Tel Technologies, Inc. ("Z-Tel"), a Delaware corporation having its principal place of business at 601 South Harbour Island Boulevard,...Loan and Guaranty Agreement • March 30th, 2001 • Z Tel Technologies Inc • Telephone communications (no radiotelephone) • Florida
LOAN AND guaranty AGREEMENTLoan and Guaranty Agreement • December 15th, 2023 • Ault Alliance, Inc. • Electronic components, nec • New York
This LOAN AND guaranty AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) dated as December 14, 2023 (the “Closing Date”), is entered into among AULT & COMPANY, INC., a Delaware corporation (“Borrower Representative” and each other Person from time to time party hereto as a borrower, collectively, “Borrowers”, and each, a “Borrower”), Third Avenue APARTMENTS LLC, a Delaware limited liability company (the “Florida Property Owner”), Alliance Cloud Services, LLC, Delaware limited liability company (the “Michigan Property Owner”), SENTINUM, Inc., a Nevada corporation (“Sentinum”), AULT ALLIANCE, INC., a Delaware corporation (“Ault Alliance”), Ault AVIATION, LLC, a Nevada limited liability company (“Aviation”), BNI MONTANTA, LLC, a Delaware limited liability company (“BNI”), AULT Lending, LLC, a California limited liability company (“Ault Lending”), AULT GLOBAL REAL ESTATE EQUITIES, INC., a Nevada corporation (“AG”), Milton “Todd” Ault,
SECOND AMENDED AND RESTATED LOAN AND GUARANTY AGREEMENT BY AND AMONG SENECA FOODS CORPORATION SENECA FOODS, LLC SENECA SNACK COMPANY and GREEN VALLEY FOODS, LLC as Borrowers and Certain Subsidiaries of Borrowers as Guarantors AND FARM CREDIT EAST, ACA...Loan and Guaranty Agreement • January 26th, 2023 • Seneca Foods Corp • Canned, fruits, veg, preserves, jams & jellies • New York
SENECA FOODS CORPORATION, a New York corporation (“Parent”), SENECA FOODS, LLC, a Delaware limited liability company (“Seneca LLC”), SENECA SNACK COMPANY, a Washington corporation (“Seneca Snack”), and GREEN VALLEY FOODS, LLC, a Delaware limited liability company (“Green Valley”, and together with Parent, Seneca LLC and Seneca Snack, collectively, the “Borrowers”),
EX-10.32 20 dex1032.htm LOAN AND GUARANTY AGREEMENT LOAN AND GUARANTY AGREEMENTLoan and Guaranty Agreement • May 5th, 2020 • California
THIS LOAN AND GUARANTY AGREEMENT is made and dated as of December 28, 2010 and is entered into by and among BRIGHTSOURCE ENERGY, INC., a Delaware corporation (the “Borrower”), certain wholly-owned Domestic Subsidiaries of Borrower, as Guarantors, and HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation (“HTGC”) and HERCULES TECHNOLOGY II, L.P., a Delaware limited partnership (“Hercules II”) (HTGC and Hercules II, collectively, the “Lender”).
AMONGLoan and Guaranty Agreement • April 19th, 1999 • Northpoint Communications Group Inc • Telephone communications (no radiotelephone) • New York
SECOND AMENDMENT TO LOAN AND GUARANTY AGREEMENT AND LIEN REAFFIRMATION AGREEMENTLoan and Guaranty Agreement • May 14th, 2018 • Safeguard Scientifics Inc • Investors, nec • New York
THIS SECOND AMENDMENT TO LOAN AND GUARANTY AGREEMENT AND LIEN REAFFIRMATION AGREEMENT, dated as of May 11, 2018 (this “Amendment”), is by and among SAFEGUARD SCIENTIFICS, INC. (“Borrower”), each Person listed as a “Guarantor” on the signature pages hereto (each a “Guarantor” and together with Borrower, the “Reaffirming Parties”), the Lenders under the Loan Agreement (as defined below) as of the effectiveness of this Amendment, HPS INVESTMENT PARTNERS, LLC, in its capacity as administrative agent (together with its successors in such capacity, the “Administrative Agent”) and in its capacity as administrative agent (together with its successors in such capacity, the “Collateral Agent”). Capitalized terms used in this Amendment and not otherwise defined herein have the respective meanings assigned thereto in the Loan Agreement.
LOAN AND GUARANTY AGREEMENT between The Mississippi Business Finance Corporation and ENVIVA INC. and CERTAIN SUBSIDIARIES OF ENVIVA INC. Dated as of November 1, 2022 Effective as of November 22, 2022Loan and Guaranty Agreement • November 22nd, 2022 • Enviva Inc. • Lumber & wood products (no furniture)
THIS LOAN AND GUARANTY AGREEMENT is dated as of November 1, 2022 and effective as of November 22, 2022 by and between the Mississippi Business Finance Corporation (the “Issuer”), a public corporation organized under the laws of the State of Mississippi (the “State”), and ENVIVA INC. (the “Company”), a corporation organized under the laws of the State of Delaware, and by (collectively, the following being the “Initial Guarantors”) Enviva Holdings GP, LLC, Enviva Holdings, LP, Enviva Management Company, LLC, Enviva Shipping Holdings, LLC, Enviva GP, LLC, Enviva Aircraft Holdings Corp., Enviva Partners Finance Corp., Enviva, LP, Enviva Energy Services, LLC, Enviva Development Finance Company, LLC, Enviva Pellets Waycross, LLC, Enviva Pellets Lucedale, LLC, Enviva Port of Pascagoula, LLC, Enviva Pellets, LLC, Enviva Pellets Bond, LLC, and Enviva Pellets Greenwood, LLC.
LOAN AND GUARANTY AGREEMENT Dated as of August 6, 2013 Among GATX CORPORATION, as Lender, BULK LIBERTY LTD., as Borrower, BULK PARTNERS (BERMUDA) LTD., as Holding Company, and AMERICAS BULK TRANSPORT (BVI) LIMITED, as ChartererLoan and Guaranty Agreement • February 4th, 2015 • Pangaea Logistics Solutions Ltd. • Deep sea foreign transportation of freight • New York
THIS LOAN AND GUARANTY AGREEMENT ("Agreement") is entered into as of the 6th day of August, 2013, between GATX CORPORATION, a New York corporation ("Lender"), and BULK LIBERTY LTD., a Bermuda company ("Borrower"), BULK PARTNERS (BERMUDA) LTD., a Bermuda company ("Holding Company"), and AMERICAS BULK TRANSPORT (BVI) LIMITED, a British Virgin Islands business company ("Charterer"), with respect to the following facts:
LOAN AND GUARANTY AGREEMENTLoan and Guaranty Agreement • May 10th, 2017 • Innocoll Holdings PLC • Pharmaceutical preparations • New York
THIS LOAN AND GUARANTY AGREEMENT (this “Agreement”), dated May 9, 2017, by and among INNOCOLL PHARMACEUTICALS LIMITED, an Irish private limited company and having its registered office at Unit 9, Block D, Monksland Business Park, Monksland, Athlone, County Roscommon, Ireland (“Borrower”), INNOCOLL HOLDINGS PUBLIC LIMITED COMPANY, an Irish public limited company (registration number 544604) and having its registered office at Unit 9, Block D, Monksland Business Park, Monksland, Athlone, County Roscommon, Ireland (the “Guarantor”), and GURNET POINT L.P., a Delaware limited partnership acting through its general partner, Waypoint International GP LLC (“Gurnet Point”), provides the terms on which Gurnet shall make the Term Loan (as defined below) to the Borrower and the Borrower shall repay the Term Loan to Gurnet. The parties agree as follows:
ContractLoan and Guaranty Agreement • November 14th, 2023 • VBI Vaccines Inc/Bc • Pharmaceutical preparations
This letter agreement (as amended, restated, supplemented or otherwise modified from time to time, this “Letter Agreement”) confirms our understanding to further extend the due date to deliver the Compliance Certificate for the period ending September 30, 2023, from November 6, 2023, to November 13, 2023 (the “Extension Date”). Lenders agree that until the Extension Date the Lenders will refrain from declaring an Event of Default under the Loan Agreement and/or the other Loan Documents.
LOAN AND GUARANTY AGREEMENT AMENDMENT 4 WITH WAIVERLoan and Guaranty Agreement • May 13th, 2019 • Seneca Foods Corp • Canned, fruits, veg, preserves, jams & jellies • New York
This LOAN AND GUARANTY AGREEMENT AMENDMENT 4 WITH WAIVER (“Amendment”) is made as of May 9, 2019, by FARM CREDIT EAST, ACA (“Lender”) in connection with the Loan and Guaranty Agreement (“Loan Agreement”) dated as of December 9, 2016, by and among the Seneca Foods Corporation (“Parent”), Seneca Foods, LLC, (“Seneca LLC”), Seneca Snack Company (“Seneca Snack”) and Green Valley Foods, LLC (“Green Valley,” and together with Parent, Seneca LLC and Seneca Snack, collectively the “Borrowers”), Marion Foods, Inc. (“Marion”), Lebanon Valley Cold Storage, LLC (“Lebanon LLC”), Lebanon Valley Cold Storage, LP (“Lebanon LP”), Portland Food Products Company (“Portland Food”), and Gray & Company (“Gray” and together with Marion, Lebanon LLC, Lebanon LP, Portland Food and Gray, collectively, the “Guarantors”) and Lender. The Loan Agreement was amended by Loan and Guaranty Agreement Amendment 1, Waiver and Consent, dated April 1, 2017, pursuant to which, among others, Truitt Bros., Inc. (“Truitt”) and
FIRST OMNIBUS AMENDMENT AND CONSENT TO LOAN AND GUARANTY AGREEMENT AND PLEDGE AND SECURITY AGREEMENTLoan and Guaranty Agreement • May 27th, 2011 • BrightSource Energy Inc • Electric services • California
THIS FIRST OMNIBUS AMENDMENT AND CONSENT TO LOAN AND GUARANTY AGREEMENT AND PLEDGE AND SECURITY AGREEMENT (this “Amendment”) is dated as of March 21, 2011 and is entered into by and among BrightSource Energy, Inc., a Delaware corporation (the “Borrower”), certain wholly-owned domestic subsidiaries of the Borrower listed on the signature pages hereto (the “Guarantors” and each a “Guarantor”), and HERCULES TECHNOLOGY GROWTH CAPITAL, INC. and HERCULES TECHNOLOGY II, L.P., as Lender (collectively, “Lender”), and is made with reference to (i) that certain LOAN AND GUARANTY AGREEMENT dated December 28, 2010 (as amended, restated, supplemented or otherwise modified through the date hereof, the “Loan Agreement”) by and among the Borrower, the Guarantors and Lender and (ii) that certain PLEDGE AND SECURITY AGREEMENT dated December 28, 2010 (as amended, restated, supplemented or otherwise modified through the date hereof, the “Pledge and Security Agreement”) by and among the Borrower, each of th
LOAN AND GUARANTY AGREEMENT AMENDMENT 3 WITH PARTIAL RELEASELoan and Guaranty Agreement • February 1st, 2019 • Seneca Foods Corp • Canned, fruits, veg, preserves, jams & jellies • New York
This LOAN AND GUARANTY AGREEMENT AMENDMENT 3, WITH PARTIAL RELEASE (“Amendment”) is made as of November 5, 2018, by FARM CREDIT EAST, ACA (“Lender”) in connection with the Loan and Guaranty Agreement (“Loan Agreement”) dated as of December 9, 2016, by and among the Seneca Foods Corporation (“Parent”), Seneca Foods, LLC, (“Seneca LLC”), Seneca Snack Company (“Seneca Snack”) and Green Valley Foods, LLC (“Green Valley,” and together with Parent, Seneca LLC and Seneca Snack, collectively the “Borrowers”), Marion Foods, Inc. (“Marion”), Lebanon Valley Cold Storage, LLC (“Lebanon LLC”), Lebanon Valley Cold Storage, LP (“Lebanon LP”), Portland Food Products Company (“Portland Food”), and Gray & Company (“Gray” and together with Marion, Lebanon LLC, Lebanon LP, Portland Food and Gray, collectively, the “Guarantors”) and Lender. The Loan Agreement was amended by Loan and Guaranty Agreement Amendment 1, Waiver and Consent, dated April 1, 2017, pursuant to which, among others, Truitt Bros., Inc.
FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AND GUARANTY AGREEMENTLoan and Guaranty Agreement • December 20th, 2007 • Collective Brands, Inc. • Retail-shoe stores • New York
This FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AND GUARANTY AGREEMENT, dated as of December 19, 2007 (this “First Amendment”), to the Loan Agreement referred to below, among COLLECTIVE BRANDS FINANCE, INC., a Nevada corporation (formerly known as “Payless ShoeSource Finance, Inc.”, the “Borrower”), the guarantors signatory hereto (the “Guarantors”), the Lenders (as defined in the Loan Agreement), and WELLS FARGO RETAIL FINANCE, LLC, as administrative agent and collateral agent for the Lenders (in such capacity, the “Administrative Agent”).
LOAN AND GUARANTY AGREEMENTLoan and Guaranty Agreement • December 8th, 2023 • Tonix Pharmaceuticals Holding Corp. • Pharmaceutical preparations • New York
This LOAN AND GUARANTY AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) dated as of December 8, 2023 (the “Closing Date”) is entered into among KRELE LLC, a Delaware limited liability company (“Borrower Representative”), TONIX R&D CENTER, LLC, a Delaware limited liability company (“TR&D”, and together with Borrower Representative and each other Person from time to time party hereto as a borrower, collectively, “Borrowers”, and each, a “Borrower”), TONIX PHARMACEUTICALS HOLDING CORP., a Nevada corporation (“Parent”), each of the parties set forth on the signature page hereto as guarantors (such guarantors and Parent, together with each other party from time to time party hereto as a guarantor or otherwise acting as a guarantor with respect to the Obligations, collectively, “Guarantors” and each, a “Guarantor”), JGB CAPITAL, LP, JGB PARTNERS, LP, JGB (CAYMAN) PORT ELLEN LTD. and any other lender from time to time party hereto (colle
FIRST AMENDMENT TO LOAN AND GUARANTY AGREEMENTLoan and Guaranty Agreement • April 16th, 2024 • Ault Alliance, Inc. • Electronic components, nec • New York
This FIRST AMENDMENT TO LOAN AND GUARANTY AGREEMENT (“Amendment”) is dated as of April 15, 2024 (the “Execution Date”), and is entered into by and among AULT & COMPANY, INC., a Delaware corporation (“Borrower”), Third Avenue APARTMENTS LLC, a Delaware limited liability company (the “Florida Property Owner”), Alliance Cloud Services, LLC, Delaware limited liability company (the “Michigan Property Owner”), SENTINUM, Inc., a Nevada corporation (“Sentinum”), AULT ALLIANCE, INC., a Delaware corporation (“Ault Alliance”), Ault AVIATION, LLC, a Nevada limited liability company (“Aviation”), BNI MONTANTA, LLC, a Delaware limited liability company (“BNI”), AULT Lending, LLC, a California limited liability company (“Ault Lending”), AULT GLOBAL REAL ESTATE EQUITIES, INC., a Nevada corporation (“AG”), Milton “Todd” Ault, III, a natural person (“Personal Guarantor” and together with the Florida Property Owner, the Michigan Property Owner, Sentinum, Ault Alliance, Aviation, BNI, Ault Lending, AG col
SECOND AMENDED AND RESTATED LOAN AND GUARANTY AGREEMENT by and among COLLECTIVE BRANDS FINANCE, INC. as Borrower, THE GUARANTORS SIGNATORY HERETO, as Credit Parties, THE LENDERS THAT ARE SIGNATORIES HERETO as the Lenders, and WELLS FARGO BANK,...Loan and Guaranty Agreement • August 17th, 2011 • Collective Brands, Inc. • Retail-shoe stores • New York
THIS SECOND AMENDED AND RESTATED LOAN AND GUARANTY AGREEMENT (this “Agreement”), is entered into as of August 16, 2011, by and among, on the one hand, the lenders identified on the signature pages hereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”) and WELLS FARGO BANK, NATIONAL ASSOCIATION (successor by merger to Wells Fargo Retail Finance, LLC), as administrative agent for the Lenders (“Agent”) and WELLS FARGO CAPITAL FINANCE, LLC, as sole lead arranger and sole bookrunner and BANK OF AMERICA, N.A., as syndication agent and JPMORGAN CHASE BANK, N.A., as documentation agent and, on the other hand, COLLECTIVE BRANDS FINANCE, INC., a Nevada corporation (“Borrower”) and the Guarantors identified on the signature pages hereof (together with Borrower, the “Credit Parties” and each individually as a “Credit Party”).
LOAN AND guaranty AGREEMENTLoan and Guaranty Agreement • May 27th, 2020 • VBI Vaccines Inc/Bc • Pharmaceutical preparations • New York
This LOAN AND guaranty AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) dated as of May 22, 2020 (the “Closing Date”) is entered into among Variation Biotechnologies Inc., a Canadian federal corporation (“Borrower Representative”) VBI Vaccines Inc., a British Columbia corporation (“Parent”, and together with each other Person from time to time party hereto as a borrower, collectively, “Borrowers”, and each, a “Borrower”), each of the parties set forth on the signature page hereto as guarantors (together with each other party from time to time party hereto as a guarantor or otherwise acting as a guarantor with respect to the Obligations, collectively, “Guarantors” and each, a “Guarantor”), K2 HEALTHVENTURES LLC and any other lender from time to time party hereto (collectively, “Lenders”, and each, a “Lender”), K2 HEALTHVENTURES LLC, as administrative agent for Lenders (in such capacity, together with its successors, “Administrative
LOAN AND GUARANTY AGREEMENT Dated as of June 19, 2008Loan and Guaranty Agreement • September 15th, 2010 • Net Servicos De Comunicacao S A • Cable & other pay television services • New York
. The Lender reserves the right to totally or partially restrict the amount of the Advances or the term within which to draw the same or both by means of simple written notice to the Borrower 39
SECOND AMENDED AND RESTATED LOAN AND GUARANTY AGREEMENT AMENDMENT 1Loan and Guaranty Agreement • May 30th, 2023 • Seneca Foods Corp • Canned, fruits, veg, preserves, jams & jellies • New York
SENECA FOODS CORPORATION, a New York corporation (“Parent”), SENECA FOODS, LLC, a Delaware limited liability company (“Seneca LLC”), SENECA SNACK COMPANY, a Washington corporation (“Seneca Snack”), and GREEN VALLEY FOODS, LLC, a Delaware limited liability company (“Green Valley”, and together with Parent, Seneca LLC and Seneca Snack, collectively, the “Borrowers”),
AMENDMENT NO. 1 TO LOAN AND GUARANTY AGREEMENTLoan and Guaranty Agreement • April 28th, 1999 • Northpoint Communications Group Inc • Telephone communications (no radiotelephone) • New York
FOURTH AMENDMENT TO LOAN AND GUARANTY AGREEMENT, WAIVER AND FORBEARANCE AGREEMENTLoan and Guaranty Agreement • May 15th, 2024 • VBI Vaccines Inc/Bc • Pharmaceutical preparations
This FOURTH AMENDMENT TO LOAN AND GUARANTY AGREEMENT, WAIVER AND FORBEARANCE AGREEMENT (this “Amendment”) is entered into as of February 13, 2024 (the “Fourth Amendment Effective Date”), by and among VARIATION BIOTECHNOLOGIES INC., a Canadian federal corporation (“VBI Cda”, and in its capacity as borrower representative, “Borrower Representative”), VBI VACCINES INC., a British Columbia corporation (“Parent”, and together with Borrower Representative, and any other Person from time to time party to the Agreement (as defined below) as a borrower, collectively, “Borrowers”, and each, a “Borrower”), each of the parties set forth on the signature page hereto as guarantors (together with any other Person from time to time party to the Agreement as a guarantor, collectively, “Guarantors” and each, a “Guarantor”), the lenders party hereto (together with any other lender from time to time under the Agreement, collectively, “Lenders”, and each, a “Lender”) constituting Required Lenders (as defin
ContractLoan and Guaranty Agreement • November 14th, 2023 • VBI Vaccines Inc/Bc • Pharmaceutical preparations
This letter agreement (as amended, restated, supplemented or otherwise modified from time to time, this “Letter Agreement”) confirms our understanding to extend the due date to deliver the Compliance Certificate for the period ending September 30, 2023, from October 30, 2023, to November 6, 2023 (the “Extension Date”). Lenders agree that until the Extension Date the Lenders will refrain from declaring an Event of Default under the Loan Agreement and/or the other Loan Documents.
FIRST AMENDMENT TO LOAN AND guaranty AGREEMENT AND AFFIRMATION OF PLEDGE AND SECURITY AGREEMENTLoan and Guaranty Agreement • May 21st, 2021 • VBI Vaccines Inc/Bc • Pharmaceutical preparations
This FIRST AMENDMENT TO LOAN AND guaranty AGREEMENT (this “Amendment”) is entered into as of May 17, 2021 among Variation Biotechnologies Inc., a Canadian federal corporation (“Borrower Representative”), VBI Vaccines Inc., a British Columbia corporation (“Parent”, and together with Borrower Representative, collectively, “Borrowers”, and each, a “Borrower”), each of the parties set forth on the signature page hereto as guarantors (“Guarantors” and each, a “Guarantor”), K2 HEALTHVENTURES LLC and any other lenders party hereto (collectively, “Lenders”, and each, a “Lender”) constituting Required Lenders (as defined in the Loan Agreement (as defined below)), and K2 HEALTHVENTURES LLC, as administrative agent for Lenders (in such capacity, together with its successors, “Administrative Agent”).
SECOND AMENDMENT TO LOAN AND GUARANTY AGREEMENTLoan and Guaranty Agreement • May 16th, 2024 • Ault Alliance, Inc. • Electronic components, nec • New York
This SECOND AMENDMENT TO LOAN AND GUARANTY AGREEMENT (“Amendment”) is dated as of May 15, 2024 (the “Execution Date”), and is entered into by and among AULT & COMPANY, INC., a Delaware corporation (“Borrower”), Third Avenue APARTMENTS LLC, a Delaware limited liability company (the “Florida Property Owner”), Alliance Cloud Services, LLC, Delaware limited liability company (the “Michigan Property Owner”), SENTINUM, Inc., a Nevada corporation (“Sentinum”), AULT ALLIANCE, INC., a Delaware corporation (“Ault Alliance”), Ault AVIATION, LLC, a Nevada limited liability company (“Aviation”), BNI MONTANTA, LLC, a Delaware limited liability company (“BNI”), AULT Lending, LLC, a California limited liability company (“Ault Lending”), AULT GLOBAL REAL ESTATE EQUITIES, INC., a Nevada corporation (“AG”), Milton “Todd” Ault, III, a natural person (“Personal Guarantor” and together with the Florida Property Owner, the Michigan Property Owner, Sentinum, Ault Alliance, Aviation, BNI, Ault Lending, AG coll
AMENDED AND RESTATED LOAN AND GUARANTY AGREEMENT by and among COLLECTIVE BRANDS FINANCE, INC. as Borrower, THE GUARANTORS SIGNATORY HERETO, as Credit Parties, THE LENDERS THAT ARE SIGNATORIES HERETO as the Lenders, and WELLS FARGO RETAIL FINANCE, LLC...Loan and Guaranty Agreement • August 17th, 2007 • Payless Shoesource Inc /De/ • Retail-shoe stores • New York
THIS AMENDED AND RESTATED LOAN AND GUARANTY AGREEMENT (this “Agreement”), is entered into as of August 17, 2007, by and among, on the one hand, the lenders identified on the signature pages hereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”) and WELLS FARGO RETAIL FINANCE, LLC, a Delaware limited liability company, as joint lead arranger, joint bookrunner and administrative agent for the Lenders (“Agent”) and CITIGROUP GLOBAL MARKETS INC., as joint lead arranger and joint bookrunner and, on the other hand, COLLECTIVE BRANDS FINANCE, INC., a Nevada corporation (formerly known as Payless ShoeSource Finance, Inc.) (“Borrower”) and the Guarantors identified on the signature pages hereof (together with Borrower, the “Credit Parties” and each individually as a “Credit Party”).
AND AMENDMENT TO PLEDGE AND SECURITY AGREEMENTLoan and Guaranty Agreement • August 14th, 2023 • VBI Vaccines Inc/Bc • Pharmaceutical preparations
This THIRD AMENDMENT TO LOAN AND GUARANTY AGREEMENT AND AMENDMENT TO PLEDGE AND SECURITY AGREEMENT “Amendment”) is entered into as of July 5, 2023 (the “Third Amendment Effective Date”), by and among VARIATION BIOTECHNOLOGIES INC., a Canadian federal corporation (“Borrower Representative”), VBI VACCINES INC., a British Columbia corporation (“Parent”, and together with Borrower Representative, and any other Person from time to time party to the Agreement (as defined below) as a borrower, collectively, “Borrowers”, and each, a “Borrower”), each of the parties set forth on the signature page hereto as guarantors (together with any other Person from time to time party to the Agreement as a guarantor, collectively, “Guarantors” and each, a “Guarantor”), the lenders party hereto (together with any other lender from time to time under the Agreement, collectively, “Lenders”, and each, a “Lender”) constituting Required Lenders (as defined in the Loan Agreement (as defined below)), and K2 HEALTH
