EX-10.2
from 10-Q
11 pages
This Guaranty (This “Guaranty”), Dated as of August 10, 2010, Is Made and Entered Into by Biosphere Medical S.A., a French Société Anonyme, Biosphere Medical Japan, Inc., a Delaware Corporation, and Bsmd Ventures, Inc., a Delaware Corporation (Individually and Collectively, as the Context May Require, and Jointly and Severally, “Guarantor”), in Favor of Merit Medical Systems, Inc., a Utah Corporation (“Lender”). Whereas, Biosphere Medical, Inc., a Delaware Corporation (“Borrower”), Executed and Delivered to Lender That Certain Convertible Promissory Note, Dated on the Date Hereof (As, Amended, Restated, Supplemented or Otherwise Modified From Time to Time, the “Note”). Whereas, Lender Has Required, as a Condition to Making the Loan, That Guarantor Enter Into This Guaranty. Whereas, Guarantor Is a Subsidiary of Borrower and Will Benefit From the Making of the Loan and the Financial Accommodations Extended to Borrower Pursuant to the Note. Now, Therefore, in Consideration for the Extension of Credit and Other Good and Valuable Consideration, the Receipt, Sufficiency and Adequacy of Which Are Hereby Acknowledged, and to Induce Lender to Extend Credit to Borrower, Guarantor Hereby Agree as Follows: 1. Definitions. All Capitalized Terms Used but Not Otherwise Defined Herein Shall Have the Meanings Ascribed Thereto in the Note. in Addition, the Following Terms Used Herein Shall Have the Following Meanings
12/34/56
