Exhibit 10.43
SECOND AMENDMENT TO AMENDED AND RESTATED
LOAN AND SECURITY AGREEMENT
THIS SECOND AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Amendment”), dated as of December 15, 2021 (the “Second Amendment Effective Date”), is entered into by and between CHEMOCENTRYX, INC., a Delaware corporation, and each of its Qualified Subsidiaries (hereinafter collectively referred to as the “Borrower”), the several banks and other financial institutions or entities from time to time party to the Loan and Security Agreement (hereinafter defined) (collectively, referred to as “Lender”), and HERCULES CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent and collateral agent for itself and the Lender (in such capacity, together with its successors and assigns in such capacity, “Agent”).
Borrower, Lender and Agent are parties to that certain Amended and Restated Loan and Security Agreement dated as of January 8, 2020, as amended by that First Amendment to Amended and Restated Loan and Security Agreement dated July 23, 2021 (and as further amended, restated or modified from time to time, the “Loan and Security Agreement”). Borrower has requested that Agent and Lender agree to certain amendments to the Loan and Security Agreement. Agent and Lender have agreed to such requests, subject to the terms and conditions hereof.
Accordingly, the parties hereto agree as follows:
“Tranche 1 Amortization Date” means August 1, 2022.
“Tranche 2 Amortization Date” means August 1, 2022.
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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 KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
The provisions of this section shall survive payment in full of the Secured obligations, full performance of all the terms of this Amendment and the other Loan Documents.
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[Balance of Page Intentionally Left Blank; Signature Pages Follow]
IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment, as of the date first above written.
BORROWER:
CHEMOCENTRYX, INC.
Signature: /s/ Susan M. Kanaya
Print Name: Susan M. Kanaya
Title: Executive Vice President, Chief Financial and Administrative Officer
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AGENT:
HERCULES CAPITAL, INC.
Signature: /s/ Jennifer Choe ________
Print Name: Jennifer Choe
Title: Associate General Counsel
LENDER:
HERCULES CAPITAL, INC.
Signature: /s/ Jennifer Choe ________
Print Name: Jennifer Choe
Title: Associate General Counsel
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