LOAN AND SECURITY AGREEMENT
THIS LOAN AND SECURITY AGREEMENT (this “ Agreement ”) dated as of May 27, 2010 (the “
Effective Date ”) among MIDCAP FINANCIAL, LLC , a Delaware limited liability company, with an office
located at 7735 Old Georgetown Road, Suite 400, Bethesda, Maryland 20814 (“ MidCap ”), as collateral agent
(“ Agent ”), SILICON VALLEY BANK , a California corporation and with a loan production office located at
5820 Canoga Avenue, Suite 210, Woodland Hills, California 91367 (“ SVB ”), the Lenders listed on
Schedule 1.1 hereof and otherwise party hereto from time to time (each a “ Lender ” and collectively, the “
Lenders ”) and BIOLASE TECHNOLOGY, INC ., a Delaware corporation (“ Borrower ”) provides th
terms on which Lenders shall lend to Borrower and Borrower shall repay Lenders. The parties agree as follows:
1 ACCOUNTING AND OTHER TERMS
Accounting terms not defined in this Agreement shall be construed following GAAP. Calculations and
determinations must be made following GAAP. Capitalized terms not otherwise defined in this Agreement shall
have the meanings set forth in Section 14. All other terms contained in this Agreement, unless otherwise indicated,
shall have the meaning provided by the Code to the extent such terms are defined therein.
2 LOAN AND TERMS OF PAYMENT
2.1 Promise to Pay . Borrower hereby unconditionally promises to pay to Agent, for payment to each Lender
in accordance with its respective Pro Rata Share, the outstanding principal amount of all Credit Extensions made
by the Lenders and accrued and unpaid interest thereon and any other amounts due hereunder as and when due in
accordance with this Agreement.
2.2 Term Loans .
(a) Availability. Subject to the terms and conditions of this Agreement, the Lenders agree, severally and
not jointly, to make term loans to Borrower in an aggregate amount up to Five Million Dollars
($5,000,000.00) according to each Lender’s Term Loan Commitment as set forth on Schedule 1.1 hereto.
The Term Loans shall be available in