Common Stock Held by the Company, etc Sample Clauses

Common Stock Held by the Company, etc. Whenever the consent or approval of Holders of a specified percentage of Common Stock is required hereunder, Common Stock held by the Company or its Affiliates (other than subsequent Holders of Common Stock if such subsequent Holders are deemed to be Affiliates solely by reason of their holdings of such Common Stock) shall not be counted in determining whether such consent or approval was given by the Holders of such required percentage. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us the enclosed duplicate hereof, whereupon this letter and your acceptance shall represent a binding agreement by and among the Company, the Operating Partnership and the several Initial Purchasers. Very truly yours, EXTRA SPACE STORAGE LP By: /s/ P. Xxxxx Xxxxxx Name: P. Xxxxx Xxxxxx Title: Trustee EXTRA SPACE STORAGE INC. By: /s/ Xxxxxxx X. Xxxx Name: Xxxxxxx X. Xxxx Title: Chief Executive Officer The foregoing Agreement is hereby confirmed and accepted as of the date first above written. Citigroup Global Markets Inc. Xxxxx Fargo Securities, LLC For themselves and as representatives of the Initial Purchasers By: Citigroup Global Markets Inc. By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Vice President By: Xxxxx Fargo Securities, LLC By: /s/ Xxxxx XxXxxxxxx Name: Xxxxx XxXxxxxxx Title: Managing Director

Common Stock Held by the Company, etc. Whenever the consent or approval of Holders of a specified percentage of securities is required hereunder, securities held by the Company or its Affiliates (other than subsequent Holders thereof if such subsequent Holders are deemed to be Affiliates solely by reason of their holdings of such securities) will not be counted in determining whether such consent or approval was given by the Holders of such required percentage. Very truly yours, Xtant Medical Holdings, Inc. By: /s/ Dxxxxx Xxxxxxxxxx Name: Dxxxxx Xxxxxxxxxx Title: Chief Executive Officer OrbiMed Royalty Opportunities II, LP By OrbiMed ROF II LLC, its General Partner By OrbiMed Advisors LLC, its Managing Member By: /s/ W. Xxxxxx Nxxxx Print Name: W. Xxxxxx Nxxxx Title: Member ROS Acquisition Offshore LP By OrbiMed Advisors LLC, solely in its capacity as Investment Manager By: /s/ W. Xxxxxx Nxxxx Print Name: W. Xxxxxx Nxxxx Title: Member

Common Stock Held by the Company, etc. Whenever the consent or approval of Holders of a specified percentage of securities is required hereunder, securities held by the Company or its Affiliates (other than subsequent Holders thereof if such subsequent Holders are deemed to be Affiliates solely by reason of their holdings of such securities) will not be counted in determining whether such consent or approval was given by the Holders of such required percentage. Very truly yours, COMPANY: Xtant Medical Holdings, Inc. By: /s/ Cxxx X’Xxxxxxx Name: Cxxx X. X’Xxxxxxx Title: Chief Executive Officer EXCHANGE PARTIES: ORBIMED ROYALTY OPPORTUNITIES II, LP By OrbiMed ROF II LLC, its General Partner By OrbiMed Advisors LLC, its Managing Member By: /s/ W. Xxxxxx Nxxxx Name: W. Xxxxxx Nxxxx Title: Member ROS ACQUISITION OFFSHORE LP By OrbiMed Advisors LLC, solely in its capacity as Investment Manager By: /s/ W. Xxxxxx Nxxxx Name: W. Xxxxxx Nxxxx Title: Member TELEMETRY SECURITIES, L.L.C. By: /s/ Dxx Xxxxxxx Name: Dxx Xxxxxxx Title: Portfolio Manager BXXXX FUND, INC. By: /s/ R. Jxxxxxx Xxxxx Name: R. Jxxxxxx Xxxxx Title: Vice President, Secretary PARK WEST INVESTORS MASTER FUND, LIMITED By: Park West Asset Management LLC Its: Investment Manager By: /s/ Gxxxx Xxxxxxx Name: Gxxxx Xxxxxxx Title: Chief Financial Officer PARK WEST PARTNERS INTERNATIONAL, LIMITED By: Park West Asset Management LLC Its: Investment Manager By: /s/ Gxxxx Xxxxxxx Name: Gxxxx Xxxxxxx Title: Chief Financial Officer

Common Stock Held by the Company, etc. Whenever the consent or approval of Holders of a specified percentage of principal amount of Common Stock is required hereunder, Common Stock held by the Company or its Affiliates (other than subsequent Holders of Common Stock if such subsequent Holders are deemed to be Affiliates solely by reason of their holdings of such Common Stock) shall not be counted in determining whether such consent or approval was given by the Holders of such required percentage.

Common Stock Held by the Company, etc. Whenever the consent or approval of Holders of a specified percentage of securities is required hereunder, securities held by the Company or its Affiliates (other than subsequent Holders thereof if such subsequent Holders are deemed to be Affiliates solely by reason of their holdings of such securities) will not be counted in determining whether such consent or approval was given by the Holders of such required percentage. Very truly yours, COMPANY: Xtant Medical Holdings, Inc. By: Name: Title: EXCHANGE PARTIES: ORBIMED ROYALTY OPPORTUNITIES II, LP By OrbiMed ROF II LLC, its General Partner By OrbiMed Advisors LLC, its Managing Member By: Name: Title: ROS ACQUISITION OFFSHORE LP By OrbiMed Advisors LLC, solely in its capacity as Investment Manager By: Name: Title: TELEMETRY SECURITIES, L.L.C. By: Name: Title: BXXXX FUND, INC. By: Name: Title: PARK WEST INVESTORS MASTER FUND, LIMITED By: Park West Asset Management LLC Its: Investment Manager By: Name: Title: PARK WEST PARTNERS INTERNATIONAL, LIMITED By: Park West Asset Management LLC Its: Investment Manager By: Name: Title: ANNEX A Exhibit G FORM OF SECOND AMENDED AND RESTATED BYLAWS SECOND AMENDED AND RESTATED BYLAWS OF XTANT MEDICAL HOLDINGS, INC. ARTICLE I

Common Stock Held by the Company, etc. Whenever the consent or approval of Holders of a specified percentage of securities is required hereunder, securities held by the Company or its Affiliates (other than subsequent Holders thereof if such subsequent Holders are deemed to be Affiliates solely by reason of their holdings of such securities) will not be counted in determining whether such consent or approval was given by the Holders of such required percentage. Very truly yours, COMPANY: Xtant Medical Holdings, Inc. By: Name: Title: EXCHANGE PARTIES: ORBIMED ROYALTY OPPORTUNITIES II, LP By OrbiMed ROF II LLC, its General Partner By By OrbiMed Advisors LLC, its Managing Member By: Name: Title: ROS ACQUISITION OFFSHORE LP By OrbiMed Advisors LLC, solely in its capacity as Investment Manager By: Name: Title: ANNEX A

Common Stock Held by the Company, etc. Whenever the consent or approval of Holders of a specified percentage of securities is required hereunder, securities held by the Company or its Affiliates (other than subsequent Holders thereof if such subsequent Holders are deemed to be Affiliates solely by reason of their holdings of such securities) will not be counted in determining whether such consent or approval was given by the Holders of such required percentage. Very truly yours, Shift Technologies, Inc. By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Founder, CEO The foregoing Agreement is hereby confirmed and accepted as of the date first above written.

Common Stock Held by the Company, etc. Whenever the consent or approval of Holders of a specified percentage of securities is required hereunder, securities held by the Company or its Affiliates (other than subsequent Holders thereof if such subsequent Holders are deemed to be Affiliates solely by reason of their holdings of such securities) will not be counted in determining whether such consent or approval was given by the Holders of such required percentage. Very truly yours, Cryoport, Inc. By: /s/ Rxxxxx X. Xxxxxxxxxxx Name: Rxxxxx X. Xxxxxxxxxxx Title: Chief Financial Officer The foregoing Agreement is hereby confirmed and accepted as of the date first above written. Jxxxxxxxx LLC By: /s/ Real Lxxxxxx Name:Real Lxxxxxx Title: Managing Director SVB Leerink LLC By: /s/ Rxxx Xxxxxxxxx Name: Rxxx Xxxxxxxxx Title: Managing Director

Common Stock Held by the Company, etc. Whenever the consent or approval of Holders of a specified percentage of securities is required hereunder, securities held by the Company or its Affiliates (other than subsequent Holders thereof if such subsequent Holders are deemed to be Affiliates solely by reason of their holdings of such securities) will not be counted in determining whether such consent or approval was given by the Holders of such required percentage. Very truly yours, Bacterin International Holdings, Inc. By: /s/ Jxxx X. Xxxxxxxx Name: Jxxx X. Xxxxxxxx Title: CFO The foregoing Agreement is hereby confirmed and accepted as of the date first above written. Leerink Partners LLC By: /s/ Jxxx X. Xxxxxxxxxx, Esq. Name: Jxxx X. Xxxxxxxxxx Title: Managing Director OrbiMed Royalty Opportunities II, LP By: /s/ Sxxxxx Xxxxx Name: Sxxxxx Xxxxx Title: Managing Member of Orbimed Advisors LLC, its investment manager ROS Acquisition Offshore LP By: /s/ Sxxxxx Xxxxx Name: Sxxxxx Xxxxx Title: Managing Member of Orbimed Advisors LLC, its investment manager

Common Stock Held by the Company, etc. Whenever the consent or approval of Holders of a specified percentage of principal amount of Common Stock is required hereunder, Common Stock held by the Company or its Affiliates (other than subsequent Holders of Common Stock if such subsequent Holders are deemed to be Affiliates solely by reason of their holdings of such Common Stock) shall not be counted in determining whether such consent or approval was given by the Holders of such required percentage. Very truly yours, FIRST INDUSTRIAL REALTY TRUST, INC. By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Vice President - Corporate Legal FIRST INDUSTRIAL, L.P. By: First Industrial Realty Trust, Inc., as its sole general partner By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Vice President - Corporate Legal The foregoing Agreement is hereby confirmed and accepted as of the date first above written. X.X. XXXXXX SECURITIES INC. CREDIT SUISSE SECURITIES (USA) LLC XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX INCORPORATED By: X.X. XXXXXX SECURITIES INC. on behalf of itself and the several Initial Purchasers listed in Schedule I to the Purchase Agreement By: /s/ Xxxxxxx Xxxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxxx Title: Vice President