with respect to the subject
matter hereof.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
15
IN WITNESS WHEREOF, the parties hereto have executed this Security Agreement as
of the date first above written.
COMPANY:
SENESCO TECHNOLOGIES, INC.
By:
/s/ Bruce C. Galton
Name:
Bruce C. Galton
Title:
President and CFO
16
IN WITNESS WHEREOF, the parties hereto have executed this Security Agreement as
of the date first above written.
COMPANY:
SENESCO, INC.
By:
/s/ Bruce C. Galton
Name:
Bruce C. Galton
Title:
President
17
IN WITNESS WHEREOF, the parties hereto have executed this Security Agreement as
of the date first above written.
SECURED PARTY:
YA GLOBAL INVESTMENTS, L.P.
By:
Yorkville Advisors, LLC
Its:
Investment Manager
By:
/s/ Gerald Eicke
Name:
Gerald Eicke
Title:
Managing Partner
18
SCHEDULE I
LEGAL NAMES; ORGANIZATIONAL IDENTIFICATION NUMBERS; STATES OF ORGANIZATION
Company's Name
State of
Organization
Employer
ID
Organizational
ID
SENESCO TECHNOLOGIES, INC.
Delaware
SENESCO, INC.
New Jersey
19
EXHIBIT A
DEFINITION OF PLEDGED PROPERTY
For the purpose of securing prompt and complete payment and performance by the
Company of all of the Obligations, the Company unconditionally and irrevocably
hereby grants to the Secured Party a continuing security interest in and to, and
lien upon, the following Pledged Property of the Company:
(A)
ALL GOODS OF THE COMPANY, INCLUDING,
WITHOUT LIMITATION, MACHINERY, EQUIPMENT, FURNITURE, FURNISHINGS, FIXTURES,
SIGNS, LIGHTS, TOOLS, PARTS, SUPPLIES AND MOTOR VEHICLES OF EVERY KIND AND
DESCRIPTION, NOW OR HEREAFTER OWNED BY THE COMPANY OR IN WHICH THE COMPANY MAY
HAVE OR MAY HEREAFTER ACQUIRE ANY INTEREST, AND ALL REPLACEMENTS, ADDITIONS,
ACCESSIONS, SUBSTITUTIONS AND PROCEEDS THEREOF, ARISING FROM THE SALE OR
DISPOSITION THEREOF, AND WHERE APPLICABLE, THE PROCEEDS OF INSURANCE AND OF ANY
TORT CLAIMS INVOLVING ANY OF THE FOREGOING;
(B)
ALL INVENTORY OF THE COMPANY, INCLUDING, BUT
NOT LIMITED TO, ALL GOODS, WARES, MERCHANDISE, PARTS, SUPPLIES, FINISHED
PRODUCTS, OTHER TANGIBLE PERSONAL PROPERTY, INCLUDING SUCH INVENTORY AS IS
TEMPORARILY OUT OF COMPANY'S CUSTODY OR POSSESSION AND INCLUDING ANY RETURNS
UPON ANY ACCOUNTS OR OTHER PROCEEDS, INCLUDING INSURANCE PROCEEDS, RESULTING
FROM THE SALE OR DISPOSITION OF ANY OF THE FOREGOING;
(C)
ALL CONTRACT RIGHTS AND GENERAL INTANGIBLES
OF THE COMPANY, INCLUDING, WITHOUT LIMITATION, GOODWILL, TRADEMARKS, TRADE
STYLES, TRADE NAMES, LEASEHOLD INTERESTS, PARTNERSHIP OR JOINT VENTURE
INTERESTS, PATENTS AND PATENT APPLICATIONS, COPYRIGHTS, DEPOSIT ACCOUNTS WHETHER
NOW OWNED OR HEREAFTER CREATED;
(D)
ALL DOCUMENTS, WAREHOUSE RECEIPTS,
INSTRUMENTS AND CHATTEL PAPER OF THE COMPANY WHETHER NOW OWNED OR HEREAFTER
CREATED;
(E)
ALL ACCOUNTS AND OTHER RECEIVABLES,
INSTRUMENTS OR OTHER FORMS OF OBLIGATIONS AND RIGHTS TO PAYMENT OF THE COMPANY
(HEREIN COLLECTIVELY REFERRED TO AS "ACCOUNTS"), TOGETHER WITH THE PROCEEDS
THEREOF, ALL GOODS REPRESENTED BY SUCH ACCOUNTS AND ALL SUCH GOODS THAT MAY BE
RETURNED BY THE COMPANY'S CUSTOMERS, AND ALL PROCEEDS OF ANY INSURANCE THEREON,
AND ALL GUARANTEES, SECURITIES AND LIENS WHICH THE COMPANY MAY HOLD FOR THE
PAYMENT OF ANY SUCH ACCOUNTS INCLUDING, WITHOUT LIMITATION, ALL RIGHTS OF
STOPPAGE IN TRANSIT, REPLEVIN AND RECLAMATION AND AS AN UNPAID VENDOR AND/OR
LIENOR;
(F)