September 19, 2014Waiver of Financial Covenant • November 7th, 2014 • Cytori Therapeutics, Inc. • Surgical & medical instruments & apparatus
Reference is made to Loan and Security Agreement (as the same may from time to time be amended, modified, supplemented or restated, the “Agreement”), dated as of June 28, 2013 (the “Effective Date”,) among Oxford Finance LLC, a Delaware limited liability company with an office located at 133 North Fairfax Street, Alexandria, Virginia 22314 (“Oxford”), as collateral agent (in such capacity, “Collateral Agent”), the Lenders listed on Schedule 1.1 thereto or otherwise a party thereto from time to time including Oxford in its capacity as a Lender and Silicon Valley Bank, a California corporation with an office located at 3003 Tasman Drive, Santa Clara, CA 95054 (“Bank” or “SVB”) (each a “Lender” and collectively, the “Lenders”), and Cytori Therapeutics, Inc., a Delaware corporation with offices located at 3020 Callan Road, San Diego, CA 92121 (“Borrower”). Capitalized terms used but not defined herein shall have the respective meanings given thereto in the Agreement.
