Exhibit 10.1
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT
THIS SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”), dated as of November 9, 2023, is entered into by and among HILLEVAX, INC., a Delaware corporation (“HilleVax” or the “Borrower”), the several banks and other financial institutions or entities from time to time parties to the Loan Agreement (each, a “Lender” and collectively, “Lenders”), and HERCULES CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent and collateral agent for itself and the Lenders (in such capacity, “Agent”).
“(a) Term Commitment.
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A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT IF
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KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY
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IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment, as of the date first above written.
BORROWER:
HILLEVAX, INC.
Signature: | /s/ Shane Maltbie |
Print Name: | Shane Maltbie |
Title: | Chief Financial Officer |
[SIGNATURES CONTINUE ON THE NEXT PAGE]
[Signature Page to Second Amendment to Loan and Security Agreement]
AGENT:
HERCULES CAPITAL, INC.
Signature: | /s/ Jennifer Choe |
Print Name: | Jennifer Choe |
Title: | Associate General Counsel |
LENDERS:
HERCULES CAPITAL, INC.
Signature: | /s/ Jennifer Choe |
Print Name: | Jennifer Choe |
Title: | Associate General Counsel |
HERCULES CAPITAL IV, L.P.
By: Hercules Technology SBIC Management, LLC, its General Partner
By: Hercules Capital, Inc., its Manager
Signature: | /s/ Jennifer Choe |
Print Name: | Jennifer Choe |
Title: | Associate General Counsel |
HERCULES PRIVATE GLOBAL VENTURE GROWTH FUND I L.P.
By: Hercules Adviser LLC, its Investment Adviser
Signature: | /s/ Jennifer Choe |
Print Name: | Jennifer Choe |
Title: | Associate General Counsel |
[Signature Page to Second Amendment to Loan and Security Agreement]
HERCULES PRIVATE CREDIT
FUND 1 L.P.
By: Hercules Adviser LLC, its Investment Adviser
Signature: | /s/ Jennifer Choe |
Print Name: | Jennifer Choe |
Title: | Associate General Counsel |
[Signature Page to Second Amendment to Loan and Security Agreement]