WAIVER AND AMENDMENT NO. 1 TO LOAN AND SECURITY AGREEEMNTLoan and Security Agreeemnt • November 3rd, 2010 • Biolase Technology Inc • Dental equipment & supplies
This Waiver and Amendment No. 1 to Loan and Security Agreement (this “Amendment”) is entered into as of September 23, 2010 by and among MIDCAP FUNDING III, LLC, a Delaware limited liability company (as successor to MidCap Financial, LLC), with an office located at 7735 Old Georgetown Road, Suite 400, Bethesda, Maryland 20814 (“MidCap”), as collateral agent (“Agent”), and as a “Lender”, SILICON VALLEY BANK, a California corporation and with a loan production office located at 5820 Canoga Avenue, Suite 210, Woodland Hills, California 91367 (“SVB”), as a “Lender” (MidCap and SVB in their capacities as “Lenders” are referred to herein each as a “Lender” and collectively as the “Lenders”), and BIOLASE TECHNOLOGY, INC., a Delaware corporation (“Borrower”).
