ContractSVB Subordination Agreement • December 9th, 2011 • EdgeWave, Inc. • Services-prepackaged software • California
THIS NOTE AND THE SECURITIES ISSUABLE UPON CONVERSION OF THIS NOTE HAVE NOT BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN ACCORDANCE WITH APPLICABLE STATE SECURITIES LAWS AS EVIDENCED BY A LEGAL OPINION OF COUNSEL TO THE TRANSFEROR TO SUCH EFFECT, THE SUBSTANCE OF WHICH SHALL BE REASONABLY ACCEPTABLE TO THE COMPANY. THE SECURITIES REPRESENTED BY THIS CERTIFICATE MAY NOT BE PLEDGED AS COLLATERAL FOR ANY SHORT SALE OF THE SHARES OF THE COMPANY. THIS NOTE DOES NOT REQUIRE PHYSICAL SURRENDER HEREOF IN ORDER TO EFFECT A PARTIAL PAYMENT, REDEMPTION OR CONVERSION HEREOF. ACCORDINGLY, THE OUTSTANDING PRINCIPAL AMOUNT OF THIS NOTE MAY BE
THE SECURITY REPRESENTED HEREBY HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE STATE SECURITIES LAWS, AND MAY NOT BE OFFERED OR SOLD IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT UNDER SUCH FEDERAL AND...SVB Subordination Agreement • May 30th, 2023 • GreenLight Biosciences Holdings, PBC • Biological products, (no disgnostic substances) • Delaware
THIS NOTE IS SUBJECT TO (I) THAT CERTAIN SUBORDINATION AGREEMENT DATED , 2023, AND AS MAY BE AMENDED AND/OR RESTATED FROM TIME TO TIME, BY AND AMONG THE MAKER, CERTAIN OTHER LENDERS, AND SILICON VALLEY BANK, A DIVISION OF FIRST-CITIZENS BANK & TRUST COMPANY (SUCCESSOR BY PURCHASE TO THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER FOR SILICON VALLEY BRIDGE BANK, N.A. (AS SUCCESSOR TO SILICON VALLEY BANK)) (THE “SVB SUBORDINATION AGREEMENT”) AND (II) THAT CERTAIN SUBORDINATION AGREEMENT DATED , 2023, AND AS MAY BE AMENDED AND/OR RESTATED FROM TIME TO TIME, BY AND AMONG THE MAKER, POWERSCOURT INVESTMENTS XXV TRUST, AS ASSIGNEE OF POWERSCOURT INVESTMENTS XXV, LP AS LENDER, HORIZON FUNDING TRUST 2022-1, AS ASSIGNEE OF HORIZON TECHNOLOGY FINANCE CORPORATION (“HORIZON”) AS LENDER, HORIZON FUNDING I, LLC (THE “HORIZON SUBORDINATION AGREEMENT”).
