PULMONX CORPORATION (a Delaware corporation) [⦁] Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • September 24th, 2020 • Pulmonx Corp • Surgical & medical instruments & apparatus • New York
PULMONX CORPORATION Issuer AND [TRUSTEE], Trustee INDENTURE Dated as of [●], 20__ Debt SecuritiesIndenture • November 3rd, 2022 • Pulmonx Corp • Surgical & medical instruments & apparatus • New York
Indenture, dated as of [●], 20__, among Pulmonx Corporation, a Delaware corporation (the “Company”), and [Trustee], as trustee (the “Trustee”):
Pulmonx Corporation and _____________, As Warrant Agent Form of Preferred Stock Warrant Agreement Dated As Of __________Preferred Stock Warrant Agreement • November 3rd, 2022 • Pulmonx Corp • Surgical & medical instruments & apparatus • New York
This Preferred Stock Warrant Agreement (this “Agreement”), dated as of [●], between Pulmonx Corporation, a Delaware corporation (the “Company”) and [●], a [corporation] [national banking association] organized and existing under the laws of [●] and having a corporate trust office in [●], as warrant agent (the “Warrant Agent”).
Pulmonx Corporation and _____________, As Warrant Agent Form of Common Stock Warrant Agreement Dated As Of __________Common Stock Warrant Agreement • November 3rd, 2022 • Pulmonx Corp • Surgical & medical instruments & apparatus • New York
This Common Stock Warrant Agreement (this “Agreement”), dated as of [●], between, Pulmonx Corporation, a Delaware corporation (the “Company”) and [●], a [corporation] [national banking association] organized and existing under the laws of [●] and having a corporate trust office in [●], as warrant agent (the “Warrant Agent”).
PULMONX CORPORATION FORM OF DEBT SECURITIES WARRANT AGREEMENTWarrant Agreement • November 3rd, 2022 • Pulmonx Corp • Surgical & medical instruments & apparatus • New York
This Debt Securities Warrant Agreement (this “Agreement”), dated as of [●], between Pulmonx Corporation, a Delaware corporation (the “Company”) and [●], a [corporation] [national banking association] organized and existing under the laws of [●] and having a corporate trust office in [●], as warrant agent (the “Warrant Agent”).
PULMONX CORPORATION INDEMNIFICATION AGREEMENTIndemnification Agreement • September 24th, 2020 • Pulmonx Corp • Surgical & medical instruments & apparatus • Delaware
This INDEMNIFICATION AGREEMENT (this “Agreement”) is dated as of _____________, 20__ and is between Pulmonx Corporation, a Delaware corporation (the “Company”), and ______________ (“Indemnitee”).
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 13th, 2019 • Pulmonx Corp • Surgical & medical instruments & apparatus
THIS LOAN AND SECURITY AGREEMENT (as the same may from time to time be amended, modified, supplemented or restated, this “Agreement”) dated as of August 28, 2014 (the “Effective Date”) among OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 133 North Fairfax Street, Alexandria, Virginia 22314 (“Oxford”), as collateral agent (in such capacity, “Collateral Agent”), the Lenders listed on Schedule 1.1 hereof or otherwise a party hereto from time to time including Oxford in its capacity as a Lender (each a “Lender” and collectively, the “Lenders”), and PULMONX CORPORATION, a Delaware corporation with offices located at 700 Chesapeake Drive, Redwood City, CA 94063 (“Borrower”), provides the terms on which the Lenders shall lend to Borrower and Borrower shall repay the Lenders. The parties agree as follows:
Execution Version AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) originally dated as of February 20, 2020 (the “Closing Date”),as amended on April 17, 2020, as further amended...Loan and Security Agreement • May 12th, 2021 • Pulmonx Corp • Surgical & medical instruments & apparatus • Delaware
PULMONX CORPORATION EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • September 4th, 2020 • Pulmonx Corp • Surgical & medical instruments & apparatus • California
This Executive Employment Agreement (the "Agreement") is made and entered into effective as of December 10, 2014 (the "Effective Date") by and between Glendon E. French ("Executive") and Pulmonx Corporation, a Delaware corporation (the "Company").
PULMONX INTERNATIONAL SARL CONSULTING AGREEMENTConsulting Agreement • September 4th, 2020 • Pulmonx Corp • Surgical & medical instruments & apparatus
This Consulting Agreement (the “Agreement”) is effective as of October 1, 2013 (“Effective Date”) and is entered into by and between Pulmonx International Sarl, a Swiss company (collectively with any or its current or future subsidiaries, affiliates, successors or assigns, the “Company”), and ORSCO LIFE SCIENCES AG (“Consultant”). The parties agree to the following:
PULMONX CORPORATION AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • September 4th, 2020 • Pulmonx Corp • Surgical & medical instruments & apparatus • California
This Amended and Restated Investors’ Rights Agreement (the “Agreement”) is made as of April 16, 2019 (the “Effective Date”), by and among Pulmonx Corporation, a Delaware corporation (the “Company”), the holders of the Company’s Series A‑1 Preferred Stock (the “Series A‑1 Preferred Stock”) set forth on Exhibit A hereto (the “Series A‑1 Holders”), the holders of the Company’s Series B‑1 Preferred Stock (the “Series B‑1 Preferred Stock”) set forth on Exhibit A hereto (the “Series B‑1 Holders”), the holders of the Company’s Series C‑1 Preferred Stock (the “Series C‑1 Preferred Stock”) set forth on Exhibit A hereto (the “Series C-1 Holders”), the holders of the Company’s Series D-1 Preferred Stock (the “Series D-1 Preferred Stock”) set forth on Exhibit A hereto (the “Series D‑1 Holders”), the holders of the Company’s Series E-1 Preferred Stock (the “Series E-1 Preferred Stock”) set forth on Exhibit A hereto (the “Series E‑1 Holders”), the holders of the Company’s Series F-1 Preferred Stock
SECOND AMENDMENT TO OFFICE LEASEOffice Lease • August 18th, 2020 • Pulmonx Corp • Surgical & medical instruments & apparatus
This SECOND AMENDMENT TO OFFICE LEASE ("Second Amendment") is made and entered into as of the 7th day of November, 2019, by and between HCP LS REDWOOD CITY, LLC, a Delaware limited partnership ("Landlord"), and PULMONX CORPORATION, a Delaware corporation ("Tenant").
INTELLECTUAL PROPERTY SECURITY AGREEMENTIntellectual Property Security Agreement • August 18th, 2020 • Pulmonx Corp • Surgical & medical instruments & apparatus • New York
This INTELLECTUAL PROPERTY SECURITY AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of February 20, 2020, between CANADIAN IMPERIAL BANK OF COMMERCE (“Lender”) and PULMONX COPORATION, a Delaware corporation (“Grantor”).
OFFICE LEASEOffice Lease • August 18th, 2020 • Pulmonx Corp • Surgical & medical instruments & apparatus • California
Page ARTICLE I PREMISES, BUILDING, PROJECT, AND COMMON AREAS 4 ARTICLE 2 LEASE TERM; OPTION TERM 5 ARTICLE 3 BASE RENT 7 ARTICLE 4 ADDITIONAL RENT 7 ARTICLE 5 USE OF PREMISES 13 ARTICLE 6 SERVICES AND UTILITIES 19 ARTICLE 7 REPAIRS AND MAINTENANCE 20 ARTICLE 8 ADDITIONS AND ALTERATIONS 21 ARTICLE 9 COVENANT AGAINST LIENS 22 ARTICLE 10 INSURANCE 23 ARTICLE 11 DAMAGE AND DESTRUCTION 24 ARTICLE 12 NONWAIYER 26 ARTICLE 13 CONDEMNATION 26 ARTICLE 14 ASSIGNMENT AND SUBLETTING 27 ARTICLE 15 SURRENDER OF PREMISES; OWNERSHIP AND REMOVAL OF TRADE FIXTURES 30 ARTICLE 16 HOLDING OVER 32 ARTICLE 17 ESTOPPEL CERTIFICATES 32 ARTICLE 18 SUBORDINATION 33 ARTICLE 19 DEFAULTS; REMEDIES 33 ARTICLE 20 COVENANT OF QUIET ENJOYMENT 35 ARTICLE 21 SECURITY DEPOSIT; LETTER OF CREDIT 35 ARTICLE 22 LANDLORD DEFAULT 38 ARTICLE 23 SIGNS 38 ARTICLE 24 COMPLIANCE WITH LAW 39 ARTICLE 25 LATE CHARGES 39 ARTICLE 26 LANDLORD'S RIGHT TO CURE DEFAULT; PAYMENTS BY TENANT 39 ARTICLE 27 ENTRY BY LANDLORD 40 ARTICLE 28 TENANT P
FIRST AMENDMENT TO OFFICE LEASEOffice Lease • August 18th, 2020 • Pulmonx Corp • Surgical & medical instruments & apparatus
This FIRST AMENDMENT TO OFFICE LEASE ("First Amendment") is made and entered into as of the 3rd day of October, 2014, by and between HCP LS REDWOOD CITY, LLC, a Delaware limited partnership ("Landlord"), and PULMONX CORPORATION, a Delaware corporation ("Tenant").
AMENDMENT TO CONSULTING AGREEMENTConsulting Agreement • August 18th, 2020 • Pulmonx Corp • Surgical & medical instruments & apparatus
Exhibit A to the Consulting Agreement (the “Agreement”) between Pulmonx International Sárl (“Company”) and Orsco Life Sciences AG (“Consultant”) effective as of October 1, 2013, is hereby amended and restated to read as follows:
SECOND AMENDMENT TO CONSULTING AGREEMENTConsulting Agreement • August 18th, 2020 • Pulmonx Corp • Surgical & medical instruments & apparatus
Exhibit A to the Consulting Agreement (the “Agreement”) between Pulmonx International Sàrl (“Company”) and Orsco Life Sciences AG (“Consultant”) effective as of October 1, 2013, as amended as of March 1, 2014 is hereby amended and restated to read as follows:
THIRD AMENDMENT TO CONSULTING AGREEMENTConsulting Agreement • August 18th, 2020 • Pulmonx Corp • Surgical & medical instruments & apparatus
Exhibit A to the Consulting Agreement (the “Agreement”) between Pulmonx International Sàrl (“Company”) and Orsco Life Sciences AG (“Consultant”) effective as of October 1, 2013, as amended, is hereby amended and restated to read as follows:
OFFICE LEASE BRITINNIA SEAPORT CENTRE HCP LS REDWOOD CITY, LLC as Landlord, and PULMONX, INC., as Tenant.Office Lease • September 4th, 2020 • Pulmonx Corp • Surgical & medical instruments & apparatus • California
Page ARTICLE I PREMISES, BUILDING, PROJECT, AND COMMON AREAS 4 ARTICLE 2 LEASE TERM; OPTION TERM 5 ARTICLE 3 BASE RENT 7 ARTICLE 4 ADDITIONAL RENT 7 ARTICLE 5 USE OF PREMISES 13 ARTICLE 6 SERVICES AND UTILITIES 19 ARTICLE 7 REPAIRS AND MAINTENANCE 20 ARTICLE 8 ADDITIONS AND ALTERATIONS 21 ARTICLE 9 COVENANT AGAINST LIENS 22 ARTICLE 10 INSURANCE 23 ARTICLE 11 DAMAGE AND DESTRUCTION 24 ARTICLE 12 NONWAIYER 26 ARTICLE 13 CONDEMNATION 26 ARTICLE 14 ASSIGNMENT AND SUBLETTING 27 ARTICLE 15 SURRENDER OF PREMISES; OWNERSHIP AND REMOVAL OF TRADE FIXTURES 30 ARTICLE 16 HOLDING OVER 32 ARTICLE 17 ESTOPPEL CERTIFICATES 32 ARTICLE 18 SUBORDINATION 33 ARTICLE 19 DEFAULTS; REMEDIES 33 ARTICLE 20 COVENANT OF QUIET ENJOYMENT 35 ARTICLE 21 SECURITY DEPOSIT; LETTER OF CREDIT 35 ARTICLE 22 LANDLORD DEFAULT 38 ARTICLE 23 SIGNS 38 ARTICLE 24 COMPLIANCE WITH LAW 39 ARTICLE 25 LATE CHARGES 39 ARTICLE 26 LANDLORD'S RIGHT TO CURE DEFAULT; PAYMENTS BY TENANT 39 ARTICLE 27 ENTRY BY LANDLORD 40 ARTICLE 28 TENANT P
SUBLEASESublease • September 4th, 2020 • Pulmonx Corp • Surgical & medical instruments & apparatus • California
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • September 4th, 2020 • Pulmonx Corp • Surgical & medical instruments & apparatus • New York
This FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into as of April 17, 2020, by and between PULMONX CORPORATION, a Delaware corporation (“Borrower”), and CANADIAN IMPERIAL BANK OF COMMERCE (“Lender”).
THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 13th, 2019 • Pulmonx Corp • Surgical & medical instruments & apparatus • California
THIS THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into as of May 22, 2018 (the “Third Amendment Date”), by and among OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 133 North Fairfax Street, Alexandria, Virginia 22314, as collateral agent (in its individual capacity, “Oxford”; and in its capacity as collateral agent, “Collateral Agent”), the Lenders listed on Schedule 1.1 of the Loan Agreement (as defined below) from time to time including Oxford in its capacity as a Lender (each a “Lender” and collectively, the “Lenders”), and PULMONX CORPORATION, a Delaware corporation with offices located at 700 Chesapeake Drive, Redwood City, CA 94063 (“Borrower”).
SECOND LIEN LOAN AND SECURITY AGREEMENTSubordination Agreement • January 28th, 2020 • Pulmonx Corp • Surgical & medical instruments & apparatus
THIS SECOND LIEN LOAN AND SECURITY AGREEMENT (as the same may from time to time be amended, modified, supplemented or restated, this “Agreement”) dated as of May 15, 2017 (the “Effective Date”) between BOSTON SCIENTIFIC CORPORATION, a Delaware corporation with an office located at 300 Boston Scientific Way, Marlborough, MA 01572 (the “Lender”), and PULMONX CORPORATION, a Delaware corporation with offices located at 700 Chesapeake Drive, Redwood City, CA 94063 (“Borrower”), provides the terms on which the Lender shall lend to Borrower and Borrower shall repay the Lender. The parties agree as follows:
SECOND AMENDMENT TO SUBLEASESublease • August 4th, 2023 • Pulmonx Corp • Surgical & medical instruments & apparatus • California
This Second Amendment to Sublease (“Second Amendment”), dated as of April 18, 2023 (“Effective Date”), is made by and between GENOMIC HEALTH, INC., a Delaware corporation (“Sublandlord”) and PULMONX CORPORATION, a Delaware corporation (“Subtenant” and collectively with Sublandlord, the “Parties”).
PULMONX CORPORATION CONSULTING AGREEMENT Effective Date: November 1, 2023Consulting Agreement • November 3rd, 2023 • Pulmonx Corp • Surgical & medical instruments & apparatus • California
This Consulting Agreement (the “Agreement”) is made as of the Effective Date set forth above by and between Pulmonx Corporation, a Delaware corporation (“Client”) and the consultant named on the signature page hereto (“Consultant”).
SECOND AMENDMENT TO OFFICE LEASEOffice Lease • September 4th, 2020 • Pulmonx Corp • Surgical & medical instruments & apparatus
This SECOND AMENDMENT TO OFFICE LEASE ("Second Amendment") is made and entered into as of the 7th day of November, 2019, by and between HCP LS REDWOOD CITY, LLC, a Delaware limited partnership ("Landlord"), and PULMONX CORPORATION, a Delaware corporation ("Tenant").
INTELLECTUAL PROPERTY SECURITY AGREEMENTIntellectual Property Security Agreement • September 4th, 2020 • Pulmonx Corp • Surgical & medical instruments & apparatus • New York
This INTELLECTUAL PROPERTY SECURITY AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of February 20, 2020, between CANADIAN IMPERIAL BANK OF COMMERCE (“Lender”) and PULMONX COPORATION, a Delaware corporation (“Grantor”).
THIRD AMENDMENT TO CONSENT TO SUBLEASE AGREEMENTConsent to Sublease Agreement • May 23rd, 2024 • Pulmonx Corp • Surgical & medical instruments & apparatus • California
This THIRD AMENDMENT TO CONSENT TO SUBLEASE AGREEMENT (this "Third Amendment") is made as of May 17, 2024, by and among HCP LS REDWOOD CITY, LLC, a Delaware limited liability company ("Landlord"), GENOMIC HEALTH, INC., a Delaware corporation ("Tenant"), and PULMONX CORPORATION, a Delaware corporation ("Subtenant").
SECOND AMENDMENT TO CONSULTING AGREEMENTConsulting Agreement • September 4th, 2020 • Pulmonx Corp • Surgical & medical instruments & apparatus
Exhibit A to the Consulting Agreement (the “Agreement”) between Pulmonx International Sàrl (“Company”) and Orsco Life Sciences AG (“Consultant”) effective as of October 1, 2013, as amended as of March 1, 2014 is hereby amended and restated to read as follows:
THIRD AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 1st, 2023 • Pulmonx Corp • Surgical & medical instruments & apparatus
This THIRD AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT is entered into as of October 31, 2022, (the “Amendment”) by and among CANADIAN IMPERIAL BANK OF COMMERCE (“Lender”), PULMONX CORPORATION, a Delaware corporation (“Pulmonx” together with each other Person party to the agreement (as defined below) as a borrower from time to time, collectively, “Borrowers”, and each, a “Borrower”).
FIRST AMENDMENT TO OFFICE LEASEOffice Lease • September 4th, 2020 • Pulmonx Corp • Surgical & medical instruments & apparatus
This FIRST AMENDMENT TO OFFICE LEASE ("First Amendment") is made and entered into as of the 3rd day of October, 2014, by and between HCP LS REDWOOD CITY, LLC, a Delaware limited partnership ("Landlord"), and PULMONX CORPORATION, a Delaware corporation ("Tenant").
AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 9th, 2021 • Pulmonx Corp • Surgical & medical instruments & apparatus • New York
WHEREAS, Borrower and Lender are parties to that certain Amended and Restated Loan and Security Agreement originally dated as of February 20, 2020, as amended on April 17, 2020, as further amended on December 28, 2020, as amended and restated on March 29, 2021, and as further amended pursuant to that certain First Amendment to Amended and Restated Loan and Security Agreement, entered into as of June 17, 2021 (collectively, and as may be further amended, restated, supplemented or otherwise modified from time to time, the “Loan Agreement”), pursuant to which Lender committed to make loans and other financial accommodations to Borrower upon the terms and conditions set forth therein;
SECOND AMENDMENT AND WAIVER TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 12th, 2021 • Pulmonx Corp • Surgical & medical instruments & apparatus • New York
This SECOND AMENDMENT AND WAIVER TO LOAN AND SECURITY AGREEMENT (this “Agreement”) is entered into as of December 28, 2020, by and between PULMONX CORPORATION, a Delaware corporation (“Borrower”), and CANADIAN IMPERIAL BANK OF COMMERCE (“Lender”).
THIRD AMENDMENT TO OFFICE LEASEOffice Lease • May 23rd, 2024 • Pulmonx Corp • Surgical & medical instruments & apparatus
This THIRD AMENDMENT TO OFFICE LEASE (this "Third Amendment") is made and entered into as of May 17, 2024, by and between HCP LS REDWOOD CITY, LLC, a Delaware limited partnership ("Landlord"), and PULMONX CORPORATION, a Delaware corporation ("Tenant").
PULMONX CORPORATION NOTE PURCHASE AGREEMENTNote Purchase Agreement • September 4th, 2020 • Pulmonx Corp • Surgical & medical instruments & apparatus • Delaware
THIS NOTE PURCHASE AGREEMENT (this “Agreement”) is made as of April 17, 2020, by and among PULMONX CORPORATION, a Delaware corporation (the “Company”), and the persons and entities named on the Schedule of Purchasers attached hereto as Exhibit A (“Purchasers”).
