Third Amendment to Loan and Security Agreement, dated as of June 21, 2019, by and between Unum Therapeutics Inc. and Pacific Western Bank
LOAN AND SECURITY AGREEMENT
This Third Amendment to Loan and Security Agreement (this Amendment) is entered into as of June 21, 2019, by and between PACIFIC WESTERN BANK, a California state chartered bank (Bank), and UNUM THERAPEUTICS INC. (Borrower).
Borrower and Bank are parties to that certain Loan and Security Agreement dated as of January 19, 2017 (as amended from time to time, the Agreement). The parties desire to amend the Agreement in accordance with the terms of this Amendment.
NOW, THEREFORE, the parties agree as follows:
Banks notice addresses in Article 10 of the Agreement are hereby amended and restated, as follows:
|If to Bank:|| |
Pacific Western Bank
406 Blackwell Street, Suite 240
Durham, North Carolina 27701
Attn: Loan Operations Manager
FAX: (919) 314-3080
|with a copy to:|| |
Pacific Western Bank
131 Oliver Street, Suite 250
Boston, Massachusetts 02110
Attn: Scott Hansen
The following defined term in Exhibit A of the Agreement is hereby amended and restated, as follows:
Availability End Date means June 30, 2020.
Unless otherwise defined, all initially capitalized terms in this Amendment shall be as defined in the Agreement. The Agreement, as amended hereby, shall be and remain in full force and effect in accordance with its respective terms and hereby is ratified and confirmed in all respects. Except as expressly set forth herein, the execution, delivery, and performance of this Amendment shall not operate as a waiver of, or as an amendment of, any right, power, or remedy of Bank under the Agreement, as in effect prior to the date hereof. Borrower ratifies and reaffirms the continuing effectiveness of all agreements entered into in connection with the Agreement.
Borrower represents and warrants that the representations and warranties contained in the Agreement are true and correct as of the date of this Amendment.
This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument.
As a condition to the effectiveness of this Amendment, Bank shall have received, in form and substance satisfactory to Bank, the following:
this Amendment, duly executed by Borrower;
payment of all Bank Expenses, including Banks expenses for the documentation of this amendment and any related documents, and any UCC, good standing or intellectual property search or filing fees, which may be debited from any of Borrowers accounts; and
such other documents and completion of such other matters, as Bank may reasonably deem necessary or appropriate.
[Signature Page Follows]
IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the first date above written.
UNUM THERAPEUTICS INC.
|PACIFIC WESTERN BANK|
/s/ Charles Wilson
/s/ Joseph Holmes Dague
Name: Charles Wilson
Title: President & CEO
Name: Joseph Holmes Dague
Title: Senior Vice President
[Signature Page to Third Amendment to Loan and Security Agreement]