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INTELLECTUAL PROPERTY SECURITY AGREEMENT
This I NTELLECTUAL P ROPERTY S ECURITY A GREEMENT is entered
into as of the Effective Date by and between S ILICON V ALLEY B ANK (“Bank”) and Global Med Technologies, Inc., a
Colorado corporation (“Global Med”)
, and
PeopleMed.com, Inc., a Colorado corporation
(“PeopleMed” and, together with Global Med, the
“Grantor”).
A. Bank has
agreed to make certain advances of money and to extend certain
financial accommodation to Grantor (the “Loans”) in the
amounts and manner set forth in that certain Loan and Security
Agreement by and between Bank and Grantor dated the Effective Date
(as the same may be amended, modified or supplemented from time to
time, the “Loan Agreement”; capitalized terms used
herein are used as defined in the Loan Agreement). Bank is willing
to make the Loans to Grantor, but only upon the condition, among
others, that Grantor shall grant to Bank a security interest in
certain Copyrights, Trademarks, Patents, and Mask Works to secure
the obligations of Grantor under the Loan Agreement.
B. Pursuant
to the terms of the Loan Agreement, Grantor has granted to Bank a
security interest in all of Grantor’s right, title and
interest, whether presently existing or hereafter acquired, in, to
and under all of the Collateral.
N OW ,
T HEREFORE , for good
and valuable consideration, receipt of which is hereby
acknowledged, and intending to be legally bound, as collateral
security for the prompt and complete payment when due of its
obligations under the Loan Agreement, Grantor hereby represents,
warrants, covenants and agrees as follows:
To secure
its obligations under the Loan Agreement, Grantor grants and
pledges to Bank a security interest in all of Grantor’s
right, title and interest in, to and under its Intellectual
Property Collateral (including without limitation those Copyrights,
Patents, Trademarks and Mask Works listed on Schedules A, B, C, and
D hereto), and including without limitation all proceeds thereof
(such as, by way of example but not by way of limitation, license
royalties and proceeds of infringement suits), the right to sue for
past, present and future infringements, all rights corresponding
thereto throughout the world and all re-issues, divisions
continuations, renewals, extensions and continuations-in-part
thereof.
This
security interest is granted in conjunction with the security
interest granted to Bank under the Loan Agreement. The rights and
remedies of Bank with respect to the security interest granted
hereby a
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