Fifth Amendment to Amended and Restated Loan and Security Agreement between East West Bank and Identiv, Inc.
This amendment, dated March 4, 2024, is between East West Bank and Identiv, Inc. It addresses a previous default by Identiv, Inc. for not meeting a financial covenant and grants a waiver for that specific default, provided all other terms are met going forward. The amendment also updates the requirements for submitting annual financial plans. Identiv, Inc. must pay a $30,000 waiver fee and related expenses. All other terms of the original agreement remain in effect.
Exhibit 10.13
FIFTH AMENDMENT
TO
AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT
This Fifth Amendment to Amended and Restated Loan and Security Agreement is entered into as of March 4, 2024 (the “Amendment”), by and between EAST WEST BANK (“Bank”) and IDENTIV, INC. (“Borrower”).
RECITALS
Borrower and Bank are parties to that certain Amended and Restated Loan and Security Agreement dated as of February 8, 2021 and as amended from time to time, including pursuant to that certain First Amendment to Amended and Restated Loan and Security Agreement dated as of April 30, 2021, that certain Second Amendment to Amended and Restated Loan and Security Agreement dated as of April 14, 2022, that certain Third Amendment to Amended and Restated Loan and Security Agreement dated as of December 31, 2022 and that certain Fourth Amendment to Amended and Restated Loan and Security Agreement dated as of February 7, 2023 (collectively, the “Agreement”). The parties desire to amend the Agreement in accordance with the terms set forth herein.
NOW, THEREFORE, the parties agree as follows:
(d) as soon as available, but in any event no later than thirty (30) days prior to the beginning of each fiscal year, an annual operating budget and financial projections (including income statements, balance sheets and cash flow statements) for the upcoming fiscal year, presented in a quarterly format, approved by Parent’s board of directors, and in a form and substance acceptable to Bank (each, a “Financial Plan”); provided however, that Borrower’s Financial Plan for 2024 shall be delivered to Bank no later than March 31, 2024;
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IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the first date above written.
| IDENTIV, INC.
By: /s/ Justin Scarpulla Name: Justin Scarpulla Title: CFO |
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| EAST WEST BANK
By: /s/ Joe Powaga Name: Joe Powaga Title: Portfolio Manager |
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