Common use of Common Stock Held by the Company, etc Clause in Contracts

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 and holders of Registrable Securities of a specified percentage of securities Debentures or Registrable Securities is required hereunder, securities Debentures or Registrable Securities held by the Company or its Affiliates (other than subsequent Holders thereof holders of Debentures or Registrable Securities if such subsequent Holders holders are deemed to be Affiliates solely by reason of their holdings of such securitiesDebentures or Registrable Securities) will 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, COMPANY: Xtant Medical HoldingsDigital Realty Trust, 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 A. Xxxxxxx Name: Dxx Xxxxxxx Title: Portfolio Manager BXXXX FUND, INC. By: /s/ R. Jxxxxxx Xxxxx Name: R. Jxxxxxx A. Xxxxxxx 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 INTERNATIONALand Chief Investment Officer Digital Realty Trust, LIMITED L.P. By: Park West Asset Management LLC Its: Investment Manager Digital Realty Trust, Inc., its General Partner By: /s/ Gxxxx A. Xxxxxxx Xxxxx Name: Gxxxx A. Xxxxxxx Xxxxx Title: Chief Financial OfficerOfficer and Chief Investment Officer The foregoing Agreement is hereby confirmed and accepted as of the date first written above. Citigroup Global Markets Inc. XXXXXXX XXXXX & CO. Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated Deutsche Bank Securities Inc. Credit Suisse Securities (USA) LLC By: Citigroup Global Markets Inc. By: /s/ Xxxxx Xxxxxxxxxxxxx Name: Xxxxx Xxxxxxxxxxxxx Title: Managing Director By: XXXXXXX XXXXX & CO. Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Managing Director By: Deutsche Bank Securities Inc. By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Director By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Managing Director By: Credit Suisse Securities (USA) LLC By: /s/ Xxxxxx X. Xxxxxxxxxx Name: Xxxxxx X. Xxxxxxxxxx Title: Managing Director For themselves and the other several Initial Purchasers, if any, named in Schedule I to the Purchase Agreement.

Common Stock Held by the Company, etc. Whenever the consent or approval of Holders of a specified percentage of securities shares of Common Stock is required hereunder, securities shares of Common Stock held by the Company or its Affiliates (other than subsequent Holders thereof of shares of Common Stock if such subsequent Holders are deemed to be Affiliates solely by reason of their holdings of such securitiesshares of Common Stock) will 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 Company and the several Initial Purchasers. 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, WELLTOWER INC. By: /s/ R. Jxxxxxx Xxxxx Xxxxxx XxXxxxx Name: R. Jxxxxxx Xxxxx Xxxxxx XxXxxxx Title: Executive Vice President, President – General Counsel & Corporate Secretary PARK WEST INVESTORS MASTER FUND, LIMITED By: Park West Asset Management WELLTOWER OP LLC Its: Investment Manager By: /s/ Gxxxx Xxxxxx XxXxxxx Name: Xxxxxx XxXxxxx Title: President The foregoing Agreement is hereby confirmed and accepted as of the date first above written. XXXXXX XXXXXXX & CO. LLC /s/ Xxxx Xxxxxxx Name: Gxxxx Xxxx Xxxxxxx Title: Chief Financial Officer PARK WEST PARTNERS INTERNATIONALManaging Director BOFA SECURITIES, LIMITED By: Park West Asset Management LLC Its: Investment Manager By: INC. /s/ Gxxxx Xxxx Xxxxxxx Name: Gxxxx Xxxx Xxxxxxx Title: Chief Financial OfficerManaging Director X.X. XXXXXX SECURITIES LLC /s/ Xxxxxxx Xxxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxxx Title: Managing Director For themselves and as representatives of the Initial Purchasers

Common Stock Held by the Company, etc. Whenever the consent or approval of Holders of a specified percentage of securities Common Stock is required hereunder, securities Common Stock held by the Company or its Affiliates (other than subsequent Holders thereof of Common Stock if such subsequent Holders are deemed to be Affiliates solely by reason of their holdings of such securitiesCommon Stock) will shall 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 HoldingsXXX ENTERPRISES, Inc. INCORPORATED By: /s/ Cxxx X’Xxxxxxx Name: Cxxx Xxxx 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 Xxxx X. Xxxxxxx Title: Portfolio Manager BXXXX FUND, INC. By: /s/ R. Jxxxxxx Xxxxx Name: R. Jxxxxxx Xxxxx Title: Vice President, Secretary PARK WEST INVESTORS MASTER FUNDChief Financial Officer and Treasurer The foregoing Agreement is hereby confirmed and accepted as of the date first above written. XXXXXXX DISTRESSED OPPORTUNITY FUND GLOBAL, LIMITED LP By: Park West Asset Management LLC Xxxxxxx Capital Management, LP Its: Investment Manager By: /s/ Gxxxx Xxxxx Xxxxxxx Name: Gxxxx Xxxxx Xxxxxxx Title: President By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Chief Financial Officer PARK WEST PARTNERS INTERNATIONALXXXXXXXXX PARTNERS, LIMITED LLC By: Park West Asset Management LLC Xxxxxxx Capital Management, LP Its: Investment Manager By: /s/ Gxxxx Xxxxx Xxxxxxx Name: Gxxxx Xxxxx Xxxxxxx Title: President By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Chief Financial OfficerOfficer HAWKEYE CAPITAL MASTER By: Hawkeye Capital Management, LLC as its investment adviser By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Managing Member COHANZICK ABSOLUTE RETURN MASTER FUND, LTD. By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Authorized Agent COHANZICK HIGH YIELD INSTITUTIONAL MASTER FUND, LTD. By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Authorized Agent RIVERPARK STRATEGIC INCOME FUND By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Authorized Agent as Investment Adviser XXXXXXX PARTNERS, L.P. By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Authorized Agent as Investment Adviser XXXXXXX OFFSHORE FUND, LTD. By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Authorized Agent as Investment Adviser XXXXXXX ALTERNATIVE SOLUTIONS FUND By: Pinebank Asset Management, L.P., as trading manager for Xxxxxxx Alternative Solutions Fund By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Managing Partner ARISTEIA MASTER, L.P. By: Aristeia Capital, L.L.C., Its Investment Manager By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Manager Aristeia Capital, L.L.C. By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: General Counsel Aristeia Capital, L.L.C. CVC GLOBAL CREDIT OPPORTUNITIES MASTER FUND, L.P. By: Its Investment Advisor CVC Credit Partners, LLC By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Managing Director CVC EUROPEAN CREDIT OPPORTUNITIES S.A.R.L acting in respect of its Compartment A By: /s/ Xxx Xxxx Name: Xxx Xxxx Title: Settlements Manager MUTUAL QUEST FUND By: Franklin Mutual Advisers, LLC, its investment advisor By: /s/ Xxxxx Xxxxxxx Name: Title: Xxxxx Xxxxxxx Vice President WINGSPAN MASTER FUND, LP By: Wingspan GP, LLC, as its general partner By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: CFO Annex A FORM OF SELLING SECURITYHOLDER NOTICE AND QUESTIONNAIRE The undersigned beneficial holder of Warrants of Xxx Enterprises, Incorporated (the “Company”) issued pursuant to the Warrant Agreement between the Company and Well Fargo, National Association (the “Warrants”) or common stock, $0.01 par value per share, of the Company, issuable upon exercise of the Warrants, understands that the Company has filed or intends to file with the Securities and Exchange Commission a registration statement (the “Shelf Registration Statement”) for the registration and resale under Rule 415 of the Securities Act of 1933, as amended (the “Securities Act”), of the Registrable Securities in accordance with the terms of the Registration Rights Agreement, dated as of March 31, 2014 (the “Registration Rights Agreement”), among the Company and the Initial Holders named therein. A copy of the Registration Rights Agreement is available from the Company upon request at the address set forth below. All capitalized terms not otherwise defined herein shall have the meaning ascribed thereto in the Registration Rights Agreement. Each beneficial owner of Registrable Securities is entitled to the benefits of the Registration Rights Agreement. In order to sell or otherwise dispose of any Registrable Securities pursuant to the Shelf Registration Statement, a beneficial owner of Registrable Securities generally will be required to be named as a Selling Securityholder (as defined below) in the related prospectus, deliver a prospectus to purchasers of Registrable Securities and be bound by those provisions of the Registration Rights Agreement applicable to such beneficial owner (including certain indemnification provisions as described below). Beneficial owners are encouraged to complete, execute and deliver this Notice and Questionnaire prior to the effectiveness of the Shelf Registration Statement so that such beneficial owners may be named as Selling Securityholders in the related prospectus at the time of effectiveness. Any beneficial owner of Registrable Securities wishing to include its Registrable Securities in the Shelf Registration Statement must deliver to the Company a properly completed and signed Notice and Questionnaire. Certain legal consequences arise from being named as Selling Securityholders in the Shelf Registration Statement and the related prospectus. Accordingly, holders and beneficial owners of Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being named as a Selling Securityholder in the Shelf Registration Statement and the related prospectus.