Loan and Security Agreement Sample Contracts

October 18th, 2021 · Common Contracts · 303 similar
Weave Communications, Inc.SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT

THIS SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of April 9, 2020 (the “Effective Date”), by and among SILICON VALLEY BANK, a California corporation (“Bank”), WEAVE COMMUNICATIONS, INC., a Delaware corporation (“US Borrower”), and WEAVE COMMUNICATIONS CANADA, INC., a corporation organized under the laws of the Province of British Columbia (“Canadian Borrower” and together with US Borrower, each individually and collectively, jointly and severally, “Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. This Agreement amends and restates in its entirety that certain Amended and Restated Loan and Security Agreement, dated as of December 22, 2017, by and between Bank and US Borrower (as amended, restated, supplemented, or otherwise modified from time to time, the “Original Agreement”). The parties agree as follows:

September 14th, 2021 · Common Contracts · 159 similar
4D Pharma PLCLOAN AND SECURITY AGREEMENT

THIS LOAN AND SECURITY AGREEMENT (as the same may from time to time be amended, modified, supplemented or restated, this “Agreement”) dated as of July 29, 2021(the “Effective Date”) among OXFORD FINANCE LUXEMBOURG S.À R.L., a Luxembourg private limited liability company (société à responsabilité limitée) with registered office at [***] and registered with the Luxembourg commercial register under number B243395, acting in respect of its Compartment 4 (“Oxford”), as collateral agent (in such capacity, “Collateral Agent”), the Lenders listed on Schedule 1.1 hereof or otherwise a party hereto from time to time including Oxford in its capacity as a Lender (each a “Lender” and collectively, the “Lenders”), and 4D PHARMA PLC, a public limited company incorporated in England and Wales with company number 08840579 and with offices located at [***] (“Parent”), 4D PHARMA RESEARCH LIMITED, a private limited company incorporated in Scotland with offices located at [***] (“Scottish Sub”), 4D PHARMA

September 18th, 2012 · Common Contracts · 91 similar
Global Brass & Copper Holdings, Inc.AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT by and among GLOBAL BRASS AND COPPER, INC. CHASE BRASS AND COPPER COMPANY, LLC GBC METALS, LLC CHASE BRASS, LLC A.J. OSTER, LLC as Borrowers and GLOBAL BRASS AND COPPER HOLDINGS, INC. BRYAN METALS, LLC...

This Amended and Restated Loan and Security Agreement (“Agreement”) dated August 18, 2010 is entered into by and among Global Brass and Copper, Inc., a Delaware corporation (“Global Brass”), Chase Brass and Copper Company, LLC, a Delaware limited liability company (“CB&C”), GBC Metals, LLC, a Delaware limited liability company formerly known as Global Metals, LLC (“GBC Metals”), Chase Brass, LLC, a Delaware limited liability company (“Chase Brass”) and A.J. Oster, LLC, a Delaware limited liability company (“AJ Oster”, and together with Global Brass, CB&C, Chase Brass and GBC Metals, each a “Borrower” and collectively “Borrowers” as hereinafter further defined), Global Brass and Copper Holdings, Inc., a Delaware corporation (“Parent”), Bryan Metals, LLC, a Delaware limited liability company (“Bryan”), Olin Fabricated Metal Products, LLC, a Delaware limited liability company (“Metal”), Chase Industries, LLC, a Delaware limited liability company (“Chase”), A.J. Oster Foils, LLC, a Delawar

August 16th, 2021 · Common Contracts · 86 similar
iSpecimen Inc.ISPECIMEN INC., a DELAWARE corporation WESTERN ALLIANCE BANK, an arizona corporation LOAN AND SECURITY AGREEMENT

This Loan And Security Agreement (this “Agreement”) is entered into as of August 13, 2021, by and between Western Alliance Bank, an Arizona corporation (“Bank”) and ISPECIMEN INC., a Delaware corporation (“Borrower”).

December 23rd, 2011 · Common Contracts · 66 similar
Majestic Holdco, LLCAMENDED AND RESTATED LOAN AND SECURITY AGREEMENT by and among THE MAJESTIC STAR CASINO, LLC AND CERTAIN OF ITS SUBSIDIARIES THAT ARE SIGNATORIES HERETO, as Borrowers, THE LENDERS THAT ARE SIGNATORIES HERETO, as the Lenders, and WELLS FARGO CAPITAL...

THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”), is entered into as of December 1, 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”), WELLS FARGO CAPITAL FINANCE, INC., a California corporation, as the arranger and administrative agent for the Lenders (“Agent”), and, on the other hand, THE MAJESTIC STAR CASINO, LLC, an Indiana limited liability company (“Parent”), and each of Parent’s Subsidiaries identified on the signature pages hereof (such Subsidiaries, together with Parent, are referred to hereinafter each individually as a “Borrower”, and individually and collectively, jointly and severally, as “Borrowers”).

June 25th, 2021 · Common Contracts · 65 similar
U.S. Concrete, Inc.300,000,000 REVOLVING CREDIT FACILITY FOURTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT among U.S. CONCRETE, INC. and CERTAIN SUBSIDIARIES OF U.S. CONCRETE, INC., as Borrowers, CERTAIN SUBSIDIARIES OF U.S. CONCRETE, INC., as Guarantors, CERTAIN...

THIS FOURTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) is dated as of June 25, 2021 among 160 EAST 22ND TERMINAL LLC, a New Jersey limited liability company (“160 East”), AGGREGATE & CONCRETE TESTING, LLC, a New York limited liability company (“Aggregate”), ALLIANCE HAULERS, INC., a Texas corporation (“Alliance”), ATLAS-TUCK CONCRETE, INC., an Oklahoma corporation (“Atlas”), BODE CONCRETE LLC, a California limited liability company (“Bode Concrete”), BODE GRAVEL CO., a California corporation (“Bode Gravel”), BRECKENRIDGE READY MIX, INC., a Texas corporation (“Breckenridge”), CENTRAL CONCRETE SUPPLY CO., INC., a California corporation (“Central Concrete”), COLONIAL CONCRETE CO., a New Jersey corporation (“Colonial”), CORAM MATERIALS CORP., a New York corporation (“Coram Materials”), CUSTOM-CRETE, LLC, a Texas limited liability company (“Custom-Crete”), EASTERN CONCRETE MATERIALS, INC., a New Jersey corporation (“Eastern”), FERRARA BROS., LLC, a Delaware limited

February 11th, 2008 · Common Contracts · 60 similar
Villageedocs IncVILLAGEEDOCS, INC. THE PRIVATE BANK OF THE PENINSULA LOAN AND SECURITY AGREEMENT

This Loan And Security Agreement is entered into as of February 6, 2008, by and between The Private Bank of the Peninsula ("Bank") and VillageEdocs, Inc. ("Borrower").

September 19th, 2005 · Common Contracts · 52 similar
Axs One IncAMENDED AND RESTATED LOAN AND SECURITY AGREEMENT

THIS LOAN AND SECURITY AGREEMENT (this "Agreement") is entered into on the above date between SILICON VALLEY BANK, a California-chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 ("Silicon") and the borrower named above (the "Borrower"), whose chief executive office is located at the above address ("Borrower's Address"). The Schedule and Exhibits to this Agreement (the "Schedule" and the "Exhibits," respectively) shall for all purposes be deemed to be part of this Agreement, and the same are integral parts of this Agreement. (Definitions of certain terms used in this Agreement are set forth in Section 8 below.)

December 14th, 2021 · Common Contracts · 45 similar
RedBall Acquisition Corp.LOAN AND SECURITY AGREEMENT

THIS LOAN AND SECURITY AGREEMENT is made and dated as of June 12, 2019 and is entered into by and between SeatGeek, Inc., a Delaware corporation (“Parent”) and each of its Qualifying Subsidiaries (individually and collectively, “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (collectively, “Lender”) and HERCULES CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent and collateral agent for the Lender (in such capacity, “Agent”).

February 28th, 2012 · Common Contracts · 44 similar
Vector Group LTDSECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT by and between WELLS FARGO BANK, NATIONAL ASSOCIATION, successor by merger to Wachovia Bank, National Association as Lender LIGGETT GROUP LLC as Borrower and 100 MAPLE LLC Dated as of February 21, 2012

This Second Amended and Restated Loan and Security Agreement dated as of February 21, 2012 (this “Agreement”) is entered into by and between Wells Fargo Bank, National Association, successor by merger to Wachovia Bank, National Association, a national banking association (“Lender”), Liggett Group LLC, a Delaware limited liability company, as successor to Liggett Group Inc. (“Borrower”), and 100 Maple LLC, a Delaware limited liability company (“Maple”).

November 3rd, 2021 · Common Contracts · 40 similar
SCP Private Credit Income BDC LLCSECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT dated as of August 18, 2021 amending and restating the Amended and Restated Loan and Security Agreement dated as of July 16, 2021 among SCP Private Credit Income BDC SPV LLC, as Company SCP...

SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT dated as of August 18, 2021 (this “Agreement”) among SCP Private Credit Income BDC SPV LLC, as borrower (the “Company”); SCP Private Credit Income BDC LLC (the “Parent”), SCP Private Credit Income BDC LLC (the “Servicer”); the Lenders party hereto; Wells Fargo Bank, National Association, in its capacity as collateral agent (in such capacity, the “Collateral Agent”); Wells Fargo Bank, National Association, in its capacity as collateral administrator (in such capacity, the “Collateral Administrator”); Wells Fargo Bank, National Association, in its capacity as securities intermediary (in such capacity, the “Securities Intermediary”) and JPMorgan Chase Bank, National Association, as administrative agent for the Lenders hereunder (in such capacity, the “Administrative Agent”).

October 4th, 2018 · Common Contracts · 30 similar
Zev Ventures Inc.LOAN AND SECURITY AGREEMENT

THIS LOAN AND SECURITY AGREEMENT is made and dated as of March 9, 2018 and is entered into by and between FULL SPECTRUM, INC., a Delaware corporation, and each of its Domestic Subsidiaries signatory hereto or hereinafter a party hereto by joinder (hereinafter collectively referred to as the “Borrower”), and STEWARD CAPITAL HOLDINGS, LP, a Delaware limited partnership, and its successors and assigns (together with its successors and assigns, hereinafter referred to as “Lender”)

November 3rd, 2021 · Common Contracts · 30 similar
New Mountain Guardian III BDC, L.L.C.AMENDMENT NO. 3 TO LOAN AND SECURITY AGREEMENT, (this “Amendment”) dated as of October 28, 2021 (the “Amendment Date”), among NEW MOUNTAIN GUARDIAN III SPV, L.L.C., a Delaware limited liability company (the “Borrower”), NEW MOUNTAIN GUARDIAN III BDC,...

THIS LOAN AND SECURITY AGREEMENT (as amended, modified, waived, supplemented, restated or replaced from time to time, this “Agreement”) is made as of August 30, 2019, by and among:

December 20th, 2007 · Common Contracts · 28 similar
Titan Global Holdings, Inc.Loan and Security Agreement

This Loan and Security Agreement (as it may be amended, this "Agreement") is entered into on December 14, 2007 between Greystone Business Credit II, L.L.C. ("Lender"), having an address at 152 West 57th Street, 60th Floor, New York, New York 10019 and Titan Apparel, Inc. ("Borrower"), a Delaware corporation, whose principal office is located at 1700 Jay Ell Drive, Suite 200, Richardson, Texas 75081 ("Borrower's Address"). The Schedules to this Agreement are an integral part of this Agreement and are incorporated herein by reference. Terms used, but not defined elsewhere, in this Agreement are defined in Schedule B.

August 1st, 2017 · Common Contracts · 28 similar
Nicholas Financial IncAMENDMENT NO. 6 TO LOAN AGREEMENT

Second Amended and Restated Loan and Security Agreement, dated as of January 12, 2010 (this “Agreement”), among the financial institutions listed on the signature pages hereof (such financial institutions, together with their respective successors and assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), Bank of America, N.A. with an office at 335 Madison Avenue, New York, New York 10017, as agent for the Lenders (in its capacity as agent, the “Agent”), and Nicholas Financial, Inc., a Florida corporation, with offices at 2454 McMullen Booth Road, Building C, #501, Clearwater, Florida 33759-1340 (the “Borrower”).

February 11th, 2019 · Common Contracts · 27 similar
Alexanders IncAMENDED AND RESTATED LOAN AND SECURITY AGREEMENT

The undersigned is the Tenant under the above-referenced Lease for the premises (the “Demised Premises”) identified as being a portion of the property commonly known as [Name of Store site or address], [Shopping Center], [City], [State] (the “Property”).

October 21st, 2021 · Common Contracts · 27 similar
Credit Acceptance CorpThird Amendment to Loan and Security Agreement

Whereas, each of the Servicer, the Custodian, the Deal Agent and the Collateral Agent has been requested and is willing to act in certain capacities in accordance with the terms hereof.

August 9th, 2001 · Common Contracts · 25 similar
Commonwealth Energy Corp1 EXHIBIT 10.4 LOAN AND SECURITY AGREEMENT LOAN AND SECURITY AGREEMENT BY AND BETWEEN
May 31st, 2007 · Common Contracts · 24 similar
Sharper Image CorpAMENDED AND RESTATED LOAN AND SECURITY AGREEMENT by and among SHARPER IMAGE CORPORATION as Borrower, THE LENDERS THAT ARE SIGNATORIES HERETO as the Lenders, and WELLS FARGO RETAIL FINANCE, LLC as the Arranger and Administrative Agent Dated as of May 25, 2007

THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”), is entered into as of May 25, 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 the arranger and administrative agent for the Lenders (“Agent”), and, on the other hand, SHARPER IMAGE CORPORATION, a Delaware corporation (“Borrower”).

August 11th, 2021 · Common Contracts · 24 similar
Delcath Systems, Inc.LOAN AND SECURITY AGREEMENT Dated as of August 6, 2021 between DELCATH SYSTEMS, INC., a Delaware corporation, as “Borrower”, and AVENUE VENTURE OPPORTUNITIES FUND, L.P., a Delaware limited partnership, as “Lender”

Borrower and Lender have entered or anticipate entering into one or more transactions pursuant to which Lender agrees to make available to Borrower a loan facility governed by the terms and conditions set forth in this document and one or more Supplements executed by Borrower and Lender which incorporate this document by reference. Each Supplement constitutes a supplement to and forms part of this document, and will be read and construed as one with this document, so that this document and the Supplement constitute a single agreement between the parties (collectively referred to as this “Agreement”).

March 30th, 2016 · Common Contracts · 23 similar
Birner Dental Management Services IncLOAN AND SECURITY AGREEMENT
June 11th, 2012 · Common Contracts · 21 similar
Mfri IncMFRI, INC., MIDWESCO FILTER RESOURCES, INC., PERMA‑PIPE, INC., THERMAL CARE, INC., TDC FILTER MANUFACTURING, INC., MIDWESCO MECHANICAL AND ENERGY, INC., PERMA-PIPE INTERNATIONAL COMPANY, LLC, AND PERMA‑PIPE CANADA, INC., AS BORROWERS SECOND AMENDED...
January 23rd, 2001 · Common Contracts · 21 similar
Starcraft Corp /In/AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this "Agreement"), is entered into as of December 12, 2000, between FOOTHILL CAPITAL CORPORATION, a California corporation ("Foothill"), with a...
December 14th, 2018 · Common Contracts · 20 similar
Brightcove IncSECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT

THIS SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of December 14, 2018 (the “Effective Date”) between SILICON VALLEY BANK, a California corporation with a loan production office located at 275 Grove Street, Suite 2-200, Newton, Massachusetts 02466 (“Bank”), and BRIGHTCOVE INC., a Delaware corporation (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank.

April 14th, 2004 · Common Contracts · 20 similar
Allion Healthcare IncLOAN AND SECURITY AGREEMENT
August 16th, 2021 · Common Contracts · 20 similar
Taysha Gene Therapies, Inc.LOAN AND SECURITY AGREEMENT

This LOAN AND SECURITY AGREEMENT (this “Agreement”) dated and effective as of August 12, 2021 (the “Effective Date”) among (a) SILICON VALLEY BANK, a California corporation (“SVB”), in its capacity as administrative agent and collateral agent (“Agent”), (b) SVB, as a lender, (c) SVB INNOVATION CREDIT FUND VIII, L.P., a Delaware limited partnership (“SVB Capital”), as a lender (SVB and SVB Capital and each of the other “Lenders” from time to time a party hereto are referred to herein collectively as the “Lenders” and each individually as a “Lender”), and (d) TAYSHA GENE THERAPIES, INC., a Delaware corporation (“Borrower”), provides the terms on which Agent and the Lenders shall lend to Borrower and Borrower shall repay Agent and the Lenders. The parties agree as follows:

August 2nd, 2013 · Common Contracts · 19 similar
Standard Register CoAMENDED AND RESTATED LOAN AND SECURITY AGREEMENT Dated: August 1, 2013 _________________________________________________________________ _________________________________________________________________ THE STANDARD REGISTER COMPANY, STANDARD REGISTER...

THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT is made on August 1, 2013, by and among THE STANDARD REGISTER COMPANY, an Ohio corporation (individually and, in its capacity as the representative of the other Borrowers pursuant to Section 3.4 hereof, “SRC”), STANDARD REGISTER INTERNATIONAL, INC., an Ohio corporation (“SRI”), STANDARD REGISTER TECHNOLOGIES, INC., an Ohio corporation (“SRT”), IMEDCONSENT, LLC, a Delaware limited liability company (“iMed”), WORKFLOWONE LLC, a Delaware corporation (“Workflow”) and WORKFLOWONE OF PUERTO RICO INC (“Workflow PR”; and together with SRC, SRI, SRT, iMed and Workflow, each a “Borrower” and collectively, “Borrowers”); the various financial institutions listed on the signature pages hereof and their respective successors and permitted assigns which become “Lenders” as provided herein; and BANK OF AMERICA, N.A., a national banking association, in its capacity as collateral and administrative agent for the Lenders pursuant to Section 12 hereof

October 22nd, 2021 · Common Contracts · 19 similar
Journey Medical CorpJOURNEY MEDICAL CORPORATION JG PHARMA, INC. EAST WEST BANK LOAN AND SECURITY AGREEMENT

This LOAN AND SECURITY AGREEMENT is entered into as of March 31, 2021, by and among EAST WEST BANK (“Bank”) and JOURNEY MEDICAL CORPORATION (“PARENT”) AND JG PHARMA, INC. (“JG”; Parent and JG are sometimes referred to, individually, as a “Borrower” and, collectively, as the “Borrowers”).

March 31st, 2011 · Common Contracts · 19 similar
Swank, Inc.LOAN AND SECURITY AGREEMENT by and between SWANK, INC. as Borrower, and WELLS FARGO FOOTHILL, INC. as Lender Dated as of June 30, 2004

THIS LOAN AND SECURITY AGREEMENT (this “Agreement”), is entered into as of June 30, 2004, by and between WELLS FARGO FOOTHILL, INC., a California corporation (“Lender”) and SWANK, INC., a Delaware corporation (“Borrower”).

May 15th, 2002 · Common Contracts · 18 similar
Medicines Co/ MaRECITALS
September 7th, 2021 · Common Contracts · 18 similar
Axcella Health Inc.Certain identified information has been excluded from this exhibit because it is both not material and is the type that the registrant treats as private or confidential. Information that was omitted has been noted in this document with a placeholder...

THIS LOAN AND SECURITY AGREEMENT (as the same may be amended, restated, modified, or supplemented from time to time, this “Agreement”) dated as of September 2, 2021 (the “Effective Date”) among SLR INVESTMENT CORP., a Maryland corporation, with an office located at 500 Park Avenue, 3rd Floor, New York, NY 10022 (“SLR”), as collateral agent (in such capacity, together with its successors and assigns in such capacity, “Collateral Agent”), and the lenders listed on Schedule 1.1 hereof or otherwise a party hereto from time to time including SLR in its capacity as a Lender (each a “Lender” and collectively, the “Lenders”), and AXCELLA HEALTH INC., a Delaware corporation (“Axcella”), and ACORA NUTRITION LLC, a Delaware limited liability company (“Acora” and, individually and collectively, jointly and severally with Axcella, “Borrower”), with offices located at 840 Memorial Drive, 3rd Floor, Cambridge, MA 02139, provides the terms on which the Lenders shall lend to Borrower and Borrower shall

October 18th, 2018 · Common Contracts · 17 similar
Spectrum Global Solutions, Inc.ADEX CORPORATION HERITAGE BANK OF COMMERCE LOAN AND SECURITY AGREEMENT

This Loan And Security Agreement is entered into as of October 10, 2018, by and between Heritage Bank of Commerce (“Bank”) and ADEX Corporation (“Borrower”).

October 1st, 2021 · Common Contracts · 16 similar
Xilio Therapeutics, Inc.AKREVIA THERAPEUTICS INC. AKREVIA CONCERTO LLC LOAN AND SECURITY AGREEMENT

This LOAN AND SECURITY AGREEMENT (the “Agreement”) is entered into as of November 21, 2019, by and between PACIFIC WESTERN BANK, a California state chartered bank (“Bank”), and Akrevia Therapeutics Inc. and Akrevia Concerto LLC (individually and collectively referred to as “Borrower”).

December 22nd, 2014 · Common Contracts · 16 similar
Infraredx Inc30,000,000 CREDIT FACILITY SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT Dated as of November 12, 2014 by and among INFRAREDX, INC, as Borrower, THE OTHER PERSONS PARTY HERETO THAT ARE DESIGNATED AS LOAN PARTIES, GENERAL ELECTRIC CAPITAL...

THIS SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT, dated as of November 12, 2014 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is among GENERAL ELECTRIC CAPITAL CORPORATION (“GECC”), in its capacity as agent for Lenders (as defined below) (together with its successors and assigns in such capacity, “Agent”), the financial institutions who are or hereafter become parties to this Agreement as lenders (together with GECC, collectively the “Lenders”, and each individually, a “Lender”), INFRAREDX, INC., a Delaware corporation (“Borrower”), and the other entities or persons, if any, who are or hereafter become parties to this Agreement as guarantors (each a “Guarantor” and collectively, the “Guarantors”, and together with Borrower, each a “Loan Party” and collectively, “Loan Parties”).

March 9th, 2011 · Common Contracts · 15 similar
Fusion-Io, Inc.AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT

THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of September 13, 2010 (the “Effective Date”) between SILICON VALLEY BANK, a California corporation (“Bank”), and FUSION-IO, INC., a Delaware corporation (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows: