Exhibit 10.1
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT
THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into as of August 26, 2022, by and among SILICON VALLEY BANK, a California corporation with an office located at 3003 Tasman Drive, Santa Clara, CA 95054, as collateral agent (in such capacity, “Collateral Agent”), the Lenders listed on Schedule 1.1 thereof or otherwise a party thereto from time to time including SVB in its capacity as a Lender, and OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 115 South Union Street, Suite 300, Alexandria, VA 22314 (each a “Lender” and collectively, the “Lenders”), Viracta Therapeutics, Inc., a Delaware corporation, and Viracta Subsidiary, Inc., Delaware corporation, each with offices located at 2533 S Coast Hwy 101, Suite 210, Cardiff, CA 92007 (individually and collectively, jointly and severally, “Borrower”).
A. Collateral Agent, Borrower and Lenders have entered into that certain Loan and Security Agreement dated as of November 4, 2021 (as amended, supplemented or otherwise modified from time to time, the “Loan Agreement”) pursuant to which Lenders have provided to Borrower certain loans in accordance with the terms and conditions thereof; and
B. Borrower, Collateral Agent and the Required Lenders have agreed to amend the defined term Term B Loan Draw Period in the Loan Agreement, subject to, and in accordance with, the terms and conditions set forth herein, and in reliance upon the representations and warranties set forth herein.
Agreement
NOW, THEREFORE, in consideration of the promises, covenants and agreements contained herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Borrower, the Required Lenders and Collateral Agent hereby agree as follows:
“Term B Loan Draw Period” is the period commencing on October 1, 2022 and ending on the earlier to occur of (i) December 30, 2022 and (ii) the occurrence of an Event of Default.
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IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to Loan and Security Agreement to be executed as of the date first set forth above.`
BORROWER: |
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VIRACTA THERAPEUTICS, INC. |
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By: | /s/ Dan Chevallard |
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Name: | Dan Chevallard |
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Title: | Chief Operating Officer & Chief Financial Officer |
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VIRACTA SUBSIDIARY, INC. |
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By: | /s/ Dan Chevallard |
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Name: | Dan Chevallard |
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Title: | Chief Operating Officer & Chief Financial Officer |
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COLLATERAL AGENT AND LENDER: |
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SILICON VALLEY BANK |
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By: | /s/ Kristine Rohmer | |
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Name: | Kristine Rohmer | |
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Title: | Director | |
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LENDER: |
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OXFORD FINANCE LLC |
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By: | /s/ Colette H. Featherly |
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Name: | Colette H. Featherly |
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Title: | Senior Vice President |
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[Signature Page to First Amendment to Loan and Security Agreement]
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