EX-10.1
from 8-K
6 pages
Reference Is Hereby Made to That Certain Loan and Security Agreement Dated as of April 25, 2014 (As at Any Time Amended, Restated, Supplemented or Otherwise Modified, the "Loan Agreement"), Among Lighting Science Group Corporation, a Delaware Corporation ("Lsg"), Biological Illumination, LLC, a Delaware Limited Liability Company ("Biological"), Environmental Light Technologies Corp., a Delaware Corporation ("Elt"; Lsg, Biological and Elt Are Hereinafter Referred to Collectively as "Borrowers" and Each Individually as a "Borrower"), the Various Financial Institutions From Time to Time Party Thereto as Lenders (Collectively, "Lenders") and Acf Finco I LP, as Assignee of Fcc, LLC, in Its Capacity as Agent for Lenders (Together With Its Successors and Assigns in Such Capacity, "Agent"). Each Capitalized Term Used Herein, Unless Otherwise Defined Herein, Shall Have the Meaning Ascribed to Such Term in the Loan Agreement. Borrowers, Agent and Lenders Desire to Amend the Loan Agreement, on the Terms and Subject to the Conditions Hereinafter Set Forth. Now, Therefore, for Ten Dollars ($10.00) in Hand Paid and Other Good and Valuable Consideration, the Receipt and Sufficiency of Which Are Hereby Severally Acknowledged, the Parties Hereto, Intending to Be Legally Bound Hereby, Agree as Follows: The Loan Agreement Is Hereby Amended as Follows: (A) by Deleting the Definition of "EBITDA" From Section 1 of the Loan Agreement in Its Entirety and by Substituting the Following in Lieu Thereof
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EX-10.2
from 8-K
8 pages
Reference Is Hereby Made to That Certain Loan and Security Agreement Dated as of April 25, 2014 (As at Any Time Amended, Restated, Supplemented or Otherwise Modified, the "Loan Agreement"), Among Lighting Science Group Corporation, a Delaware Corporation ("Lsg"), Biological Illumination, LLC, a Delaware Limited Liability Company ("Biological"), Environmental Light Technologies Corp., a Delaware Corporation ("Elt"; Lsg, Biological and Elt Are Hereinafter Referred to Collectively as "Borrowers" and Each Individually as a "Borrower"), the Various Financial Institutions From Time to Time Party Thereto as Lenders (Collectively, "Lenders") and Acf Finco I LP, as Assignee of Fcc, LLC, in Its Capacity as Agent for Lenders (Together With Its Successors and Assigns in Such Capacity, "Agent"). Each Capitalized Term Used Herein, Unless Otherwise Defined Herein, Shall Have the Meaning Ascribed to Such Term in the Loan Agreement. Borrowers, Agent and Lenders Desire to Amend the Loan Agreement, on the Terms and Subject to the Conditions Hereinafter Set Forth. Now, Therefore, for Ten Dollars ($10.00) in Hand Paid and Other Good and Valuable Consideration, the Receipt and Sufficiency of Which Are Hereby Severally Acknowledged, the Parties Hereto, Intending to Be Legally Bound Hereby, Agree as Follows: The Loan Agreement Is Hereby Amended as Follows: (A) by Adding the Following Definitions of "EBITDA" and "Fixed Charge Coverage Ratio" to Section 1 of the Loan Agreement in Appropriate Alphabetical Order
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EX-10.4
from 8-K
8 pages
Reference Is Hereby Made to That Certain Loan and Security Agreement Dated as of April 25, 2014 (As at Any Time Amended, Restated, Supplemented or Otherwise Modified, the "Loan Agreement"), Among Lighting Science Group Corporation, a Delaware Corporation ("Lsg"), Biological Illumination, LLC, a Delaware Limited Liability Company ("Biological"; Lsg and Biological Are Hereinafter Referred to Collectively as "Borrowers" and Each Individually as a "Borrower"), the Various Financial Institutions From Time to Time Party Thereto as Lenders (Collectively, "Lenders") and Acf Finco I LP, as Assignee of Fcc, LLC, in Its Capacity as Agent for Lenders (Together With Its Successors and Assigns in Such Capacity, "Agent"). Each Capitalized Term Used Herein, Unless Otherwise Defined Herein, Shall Have the Meaning Ascribed to Such Term in the Loan Agreement. Borrowers, Agent and Lenders Desire to Amend the Loan Agreement, on the Terms and Subject to the Conditions Hereinafter Set Forth. Now, Therefore, for Ten Dollars ($10.00) in Hand Paid and Other Good and Valuable Consideration, the Receipt and Sufficiency of Which Are Hereby Severally Acknowledged, the Parties Hereto, Intending to Be Legally Bound Hereby, Agree as Follows: The Loan Agreement Is Hereby Amended as Follows: (A) by Deleting Clause (B) From the Definition of "Permitted Liens" Set Forth in Section 1 of the Loan Agreement and by Substituting in Lieu Thereof the Following: (B) Deposits or Pledges to Secure (I) Statutory Obligations, (II) Surety or Appeal Bonds, or (III) Bonds for Release of Attachment, Stay of Execution or Injunction; Provided, That No Deposit or Pledge to Secure a Geveran Appeal Bond Shall Constitute a Permitted Lien;
12/34/56
EX-10.1
from 8-K
4 pages
Reference Is Hereby Made to That Certain Loan and Security Agreement Dated as of April 25, 2014 (As at Any Time Amended, Restated, Supplemented or Otherwise Modified, the “Loan Agreement”), Among Lighting Science Group Corporation, a Delaware Corporation (“Lsg”), Biological Illumination, LLC, a Delaware Limited Liability Company (“Biological”; Lsg and Biological Are Hereinafter Referred to Collectively as “Borrowers” and Each Individually as a “Borrower”), the Various Financial Institutions From Time to Time Party Thereto as Lenders (Collectively, “Lenders”) and Fcc, LLC, D/B/a First Capital, a Florida Limited Liability Company (“First Capital”), in Its Capacity as Agent for Lenders (Together With Its Successors and Assigns in Such Capacity, “Agent”). Each Capitalized Term Used Herein, Unless Otherwise Defined Herein, Shall Have the Meaning Ascribed to Such Term in the Loan Agreement. Borrowers, Agent and Lenders Desire to Amend the Loan Agreement, on the Terms and Subject to the Conditions Hereinafter Set Forth. Now, Therefore, for Ten Dollars ($10.00) in Hand Paid and Other Good and Valuable Consideration, the Receipt and Sufficiency of Which Are Hereby Severally Acknowledged, the Parties Hereto, Intending to Be Legally Bound Hereby, Agree as Follows: The Loan Agreement Is Hereby Amended as Follows: (A) by Adding the Following New Definition of “Geveran Case” to Section 1 of the Loan Agreement in Appropriate Alphabetical Order: “Geveran Case” Means Case Number 2012-Ca-020121-O in the Circuit Court of the Ninth Judicial Circuit, in and for Orange County, Florida, by Geveran Investments Limited, as Plaintiff, Against Lsg and the Other Parties Thereto as Defendants. (B) by Adding the Phrase “(Other Than a Judgment in the Geveran Case)” Immediately After the Phrase “Entry of Any One or More Judgments” in Clause (VIII) of Section 13(a) of the Loan Agreement
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