Amendment No. One to Loan and Security Agreement between Cytokinetics, Inc. and Comdisco, Inc.
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This amendment updates the original Loan and Security Agreement dated September 25, 1998, between Cytokinetics, Inc. and Comdisco, Inc. It incorporates a new exhibit listing specific equipment as collateral under the agreement. All other terms of the original loan remain unchanged. The amendment is effective as of February 1, 1999, and both parties reaffirm their obligations under the original agreement, now including the newly listed equipment.
EX-4.4 5 f95504a1exv4w4.txt EXHIBIT 4.4 EXHIBIT 4.4 Amendment No. One to Loan and Security Agreement This Amendment Agreement No. One ("Amendment") to the Loan and Security Agreement dated as of September 25, 1998 is entered into this 1st day of February, 1999 by and between Cytokinetics, inc., a Delaware corporation, with its chief executive offices and principal place of business at 280 East Grand Avenue Suite 2, South San Francisco, CA 94080 ("Borrower") and Comdisco, Inc., a Delaware corporation, with its chief executive offices and principal place of business at 6111 North River Road, Rosemont, IL 60018 ("Lender"). RECITALS WHEREAS, pursuant to the terms and conditions set forth in the Loan and Security Agreement dated as of September 25, 1998 between Borrower and Lender (hereinafter, "Loan Agreement"), the parties have entered into that certain Secured Promissory Note dated February 3, 1999 herewith (the "Note(s)") whereby for value received, Borrower promises to pay certain payments to Lender in the principal amount of Six Hundred Sixty Two Thousand Six Hundred Ninety four and 81/100 Dollars ($662,694.81); WHEREAS, in connection with the issuance of the Note, Lender and Borrower wish to amend the Loan Agreement to include the Exhibit B as required under the Loan Agreement. AGREEMENT NOW, THEREFORE, in consideration of the premises and mutual agreements contained herein, Borrower and Lender hereby agree as follows: 1. Except as expressly set forth herein, all terms used herein shall have the meanings set forth in the Loan Agreement. 2. Borrower and Lender agree that the Exhibit B attached hereto shall be incorporated and made a part of the Loan Agreement and the equipment described thereon shall be "Equipment" as set forth in the Loan Agreement. 3. Except as specifically amended hereby, the terms and conditions of the Loan Agreement are hereby reaffirmed and remain in full force and effect, and from and after the date hereof the "Agreement" shall mean the "Agreement" as amended by this Amendment. 4. This Amendment may be executed in any number of counterparts, and by different parties hereto in separate counterparts, each of which when so delivered shall be deemed an original, but all of which counterparts shall constitute but one and the same instrument. 1 IN WITNESS WHEREOF, Borrower and Lender have duly executed and delivered this Amendment as of the day and year first above written. BORROWER CYTOKINETICS, INC. Signature: /s/ Jon C. Richards ---------------------------- Print Name: Jon C. Richards Title: Chief Financial Officer ACCEPTED IN ROSEMONT, ILLINOIS LENDER COMDISCO, INC. Signature: /s/ Jill Hanses ---------------------------- Print Name: Jill Hanses Title: SRVP 2 EXHIBIT B Cytokinetics, Inc.
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