On August 29, 2024, bluebird bio, Inc. (the "Company") reported to have entered into an amendment (the "Fourth Amendment") to its Loan and Security Agreement, dated as of March 15, 2024, as amended on April 30, 2024, July 9, 2024 and August 13, 2024 (the "LSA"), by and among the Company, the several banks and other financial institutions or entities party thereto, as lenders (collectively, the "Lenders"), and Hercules Capital, Inc., as administrative agent and collateral agent (the "Agent") (Filing, 8-K, bluebird bio, AUG 30, 2024, View Source [SID1234646232]).
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Pursuant to the Fourth Amendment, the Company, the Agent and the Lenders agreed to, among other things, an extension of the deadlines by which the Company must provide to the Lenders financial statements for the year ended December 31, 2023 and for the quarter ended March 31, 2024. Further, the Fourth Amendment provides that the Company’s late delivery and filing of its Form 10-K for the year ended December 31, 2023 and Form 10-Q for the quarter ended March 31, 2024 shall not be deemed a violation of the Company’s covenant to maintain compliance with applicable law, so long as such documents are filed by the extended deadlines.
The foregoing description of the Fourth Amendment does not purport to be complete and is qualified in its entirety by the full text of the Fourth Amendment, a copy of which is filed as Exhibit 10.1 to this Current Report on Form 8-K and incorporated herein by reference.