INTERSECT ENT, INC. [●] Shares of Common Stock Underwriting AgreementUnderwriting Agreement • May 20th, 2015 • Intersect ENT, Inc. • Surgical & medical instruments & apparatus • New York
INTERSECT ENT, INC. AND , AS WARRANT AGENT FORM OF PREFERRED STOCK WARRANT AGREEMENT DATED AS OFPreferred Stock Warrant Agreement • April 23rd, 2020 • Intersect ENT, Inc. • Surgical & medical instruments & apparatus • New York
THIS PREFERRED STOCK WARRANT AGREEMENT (this “Agreement”), dated as of [●], between INTERSECT ENT, INC., 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”).
INTERSECT ENT, INC. AND , AS WARRANT AGENT FORM OF COMMON STOCK WARRANT AGREEMENT DATED AS OFCommon Stock Warrant Agreement • April 23rd, 2020 • Intersect ENT, Inc. • Surgical & medical instruments & apparatus • New York
THIS COMMON STOCK WARRANT AGREEMENT (this “Agreement”), dated as of [●], between INTERSECT ENT, INC., 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”).
INTERSECT ENT, INC. AND , AS WARRANT AGENT FORM OF DEBT SECURITIES WARRANT AGREEMENT DATED AS OFWarrant Agreement • April 23rd, 2020 • Intersect ENT, Inc. • Surgical & medical instruments & apparatus • New York
THIS DEBT SECURITIES WARRANT AGREEMENT (this “Agreement”), dated as of [●], between INTERSECT ENT, INC., 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”).
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 2nd, 2014 • Intersect ENT, Inc. • Surgical & medical instruments & apparatus • Delaware
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of August 30, 2013 (the “Effective Date”) between SILICON VALLEY BANK, a California corporation (“Bank”), and INTERSECT ENT, INC., a Delaware corporation (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
INDEMNITY AGREEMENTIndemnity Agreement • July 9th, 2014 • Intersect ENT, Inc. • Surgical & medical instruments & apparatus • Delaware
THIS INDEMNITY AGREEMENT (the “Agreement”) is made and entered into as of , 2014, between Intersect ENT, Inc., a Delaware corporation (the “Company”), and (“Indemnitee”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • May 11th, 2020 • Intersect ENT, Inc. • Surgical & medical instruments & apparatus • New York
REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of May 11, 2020, by and between Intersect ENT, Inc., a Delaware corporation (the “Company”), and Deerfield Partners, L.P. (the “Lender”).
FACILITY AGREEMENT dated as of September 25, 2021 by and among INTERSECT ENT, INC., as the Borrower, the other Loan Parties party hereto from time to time, and Medtronic, Inc., as the LenderFacility Agreement • September 27th, 2021 • Intersect ENT, Inc. • Surgical & medical instruments & apparatus • New York
This FACILITY AGREEMENT (this “Agreement”), dated as of September 25, 2021 is entered into by and among INTERSECT ENT, INC., a Delaware corporation (the “Borrower”), the other Loan Parties (as defined below) party hereto from time to time, Medtronic, Inc., a Minnesota corporation (the “Lender” and, together with the Borrower and the other Loan Parties party hereto, the “Parties”).
August 13, 2021 Patrick Broderick VIA EMAIL/DOCUSIGN Dear Patrick:Employment Agreement • November 2nd, 2021 • Intersect ENT, Inc. • Surgical & medical instruments & apparatus
As you know, you are a party to an employment agreement with Intersect ENT, Inc. (the “Company”) dated November 12, 2020 (the “Agreement”). The Company is hereby amending the Agreement on the terms set forth below. Capitalized terms not defined herein shall have the meaning set forth in the Agreement.
FACILITY AGREEMENT dated as of May 11, 2020 by and among INTERSECT ENT, INC., as the Borrower, the other Loan Parties party hereto from time to time, the Lenders and DEERFIELD PARTNERS, L.P., as agent for itself and the Lender PartiesFacility Agreement • May 11th, 2020 • Intersect ENT, Inc. • Surgical & medical instruments & apparatus • New York
This FACILITY AGREEMENT (this “Agreement”), dated as of May 11, 2020, is entered into by and among INTERSECT ENT, INC., a Delaware corporation (the “Borrower”), the other Loan Parties (as defined below) party hereto from time to time, the lenders set forth on the signature page of this Agreement (together with their successors and permitted assigns, the “Lenders”), DEERFIELD PARTNERS, L.P., as agent for itself and the other Lender Parties (in such capacity, together with its successors and assigns in such capacity, “Agent,” and, together with the Lenders, the Borrower and the other Loan Parties party hereto, the “Parties”).
SUPPLY AGREEMENTSupply Agreement • June 23rd, 2014 • Intersect ENT, Inc. • Surgical & medical instruments & apparatus • California
THIS SUPPLY AGREEMENT (the “Agreement”) is made and entered into as of [11/14], 2013 (the “Effective Date”) by and between Intersect ENT, Inc., a Delaware corporation having offices at 1555 Adams Drive, Menlo Park, CA 94025 (“Customer”), and Stephen Gould Corporation, a New Jersey corporation having offices at 45541 Northport Loop West, Fremont, CA 94538 (“Supplier”). Each of Customer and Supplier may be referred to herein individually as a “Party” and collectively as the “Parties”.
SUPPLY AGREEMENTSupply Agreement • July 9th, 2014 • Intersect ENT, Inc. • Surgical & medical instruments & apparatus • New York
THIS SUPPLY AGREEMENT (this “Agreement”) is made this, 14th day of April, 2014 (the “Effective Date”), by and between HOVIONE INTER LTD., together with its subsidiaries and affiliates, a INTERSECT organized and existing under the laws of Switzerland and having its registered office at Bahnofstrasse 21, CH-600 Lucerne 7, Switzerland (hereafter referred to as “HOVIONE”), and INTERSECT ENT, together with its subsidiaries and affiliates, a INTERSECT organized and existing under the laws of California and having its registered office at 1555 Adams Drive, Menlo Park, CA 94025 (hereafter referred to as “INTERSECT”). HOVIONE and INTERSECT are each sometimes referred to herein as a “Party” and together as the “Parties.”
MASTER SERVICES AGREEMENTMaster Services Agreement • May 9th, 2016 • Intersect ENT, Inc. • Surgical & medical instruments & apparatus • California
This Master Services Agreement (the “Agreement”) is entered into as of April 1, 2016 (the “Effective Date”) by and between Intersect ENT. Inc., having a place of business at 1555 Adams Drive, Menlo Park, CA 94025 (“Company”) and Polymer Solutions Incorporated having its principal place of business at 135 Technology Drive, Christiansburg, VA 24073 (“Contractor”). Company and Contractor may be referred to herein individually as a “Party” and collectively as the “Parties.”
April 2, 2018 VIA HAND DELIVERY Drake Parker Intersect ENT, Inc. Menlo Park, CA 94025 Dear Drake:Transition and Separation Agreement • August 3rd, 2018 • Intersect ENT, Inc. • Surgical & medical instruments & apparatus • California
This letter sets forth the substance of the transition and separation agreement (the “Agreement”) that Intersect ENT, Inc. (the “Company”) is offering to you. The terms set forth herein amend and supersede your offer of employment dated July 6, 2017.
AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • May 2nd, 2014 • Intersect ENT, Inc. • Surgical & medical instruments & apparatus • California
This Amended and Restated Investor Rights Agreement (the “Agreement”) is made as of February 15, 2013, among Intersect ENT, Inc., a Delaware corporation (the “Company”), and the stockholders listed on Exhibit A hereto (individually an “Investor” and collectively the “Investors”).
PROCESSING AGREEMENTProcessing Agreement • May 7th, 2019 • Intersect ENT, Inc. • Surgical & medical instruments & apparatus • Delaware
THIS PROCESSING AGREEMENT (“Agreement”) is made on January 1, 2019 (the “Effective Date”) between Isomedix Operations Inc., including its affiliates, Isomedix Corporation, STERIS Isomedix Puerto Rico, Inc., and Synergy Health AST, LLC (“STERIS”), with headquarters at 5960 Heisley Road, Mentor, Ohio 44060, and Intersect ENT, Inc. (“Customer”), having a principal place of business at 1555 Adams Drive, Menlo Park, California 94025.
THIRD AMENDMENT TO LEASELease • December 23rd, 2020 • Intersect ENT, Inc. • Surgical & medical instruments & apparatus
THIS THIRD AMENDMENT TO LEASE (“Amendment”) dated as of December 22, 2020 (the “Execution Date”) is made and entered into by and between MENLO PREPI I, LLC, a Delaware limited liability company, and TPI INVESTORS 9, LLC, a California limited liability company (collectively, “Lessor”), and INTERSECT ENT, INC., a Delaware corporation (“Lessee”), with respect to the following recitals:
SECOND AMENDMENT TO LEASELease • December 5th, 2019 • Intersect ENT, Inc. • Surgical & medical instruments & apparatus
THIS SECOND AMENDMENT TO LEASE (this “Second Amendment”) is dated as of November 22, 2019 (the “Effective Date”) and is among MENLO PREPI I, LLC, a Delaware limited liability company, and TPI INVESTORS 9, LLC, a California limited liability company (collectively, “Lessor”), and INTERSECT ENT, INC., a Delaware corporation (“Lessee”), with respect to the following recitals:
SUPPLY AGREEMENTSupply Agreement • May 11th, 2020 • Intersect ENT, Inc. • Surgical & medical instruments & apparatus • New York
THIS SUPPLY AGREEMENT (this “Agreement”) is made this, 20th day of January, 2020 (the “Effective Date”), by and between HOVIONE INTER AG, together with its subsidiaries and affiliates, and organized and existing under the laws of Switzerland and having its registered office at Pilatusstrasse 23, CH-6003, Luzern, Switzerland (hereafter referred to as “HOVIONE”), and INTERSECT ENT, Inc. together with its subsidiaries and affiliates, and organized and existing under the laws of Delaware and having its registered office at 1555 Adams Drive, Menlo Park, CA 94025 (hereafter referred to as “INTERSECT”). HOVIONE and INTERSECT are each sometimes referred to herein as a “Party” and together as the “Parties.”
Dear Rich: You have advised us of your desire to retire from the Company and to provide us transition assistance as we recruit and hire new executives. We have agreed that you will continue as an employee of the Company until March 31, 2019, unless we...Employment Agreement • February 28th, 2019 • Intersect ENT, Inc. • Surgical & medical instruments & apparatus
This letter agreement amends and supersedes in their entirety the terms of your employment offer letter with Intersect ENT, Inc. (the “Company”) dated December 6, 2006, as amended November 18, 2013, January 26, 2015 and May 8, 2017, as well as any other agreements or understandings between you and the Company with respect to your employment (collectively, the “Prior Agreement”). This letter agreement is effective as of the date of your signature below.
AMENDMENT NO. 1 TO SUPPLY AGREEMENTSupply Agreement • May 9th, 2016 • Intersect ENT, Inc. • Surgical & medical instruments & apparatus • California
This Amendment No. 1 (the “Amendment No. 1”) to that certain supply agreement between Intersect ENT, Inc., a Delaware corporation having offices at 1555 Adams Drive, Menlo Park, California 94025, and AIM Plastics, Inc. a Michigan corporation having offices at 22264 Starks Drive, Clinton Township, Michigan 48036 (“the Agreement”), with an effective date of January 16, 2015 is made as of February 22, 2016 (the “Amendment No. 1 Effective Date”). Unless otherwise defined herein, capitalized terms used in this Amendment No. 1 have the meanings ascribed to them in the Agreement.
FIRST AMENDMENT TO LEASE Menlo Business Park 1555 Adams Drive Menlo Park, CaliforniaLease • December 18th, 2014 • Intersect ENT, Inc. • Surgical & medical instruments & apparatus
VIA HAND DELIVERY May 8, 2017 Richard Kaufman Intersect ENT, Inc.Separation Benefits Agreement • August 4th, 2017 • Intersect ENT, Inc. • Surgical & medical instruments & apparatus
AMENDMENT NO. 2 TO SUPPLY AGREEMENTSupply Agreement • February 28th, 2017 • Intersect ENT, Inc. • Surgical & medical instruments & apparatus • California
This Amendment No. 2 (the “Amendment No. 2”) to that certain supply agreement between Intersect ENT, Inc. (“Customer”), a Delaware corporation having offices at 1555 Adams Drive, Menlo Park, California 94025, and Stephen Gould Corporation (“Supplier”), a New Jersey corporation having offices at 45541 Northport Loop West, Fremont, CA 94538, with an effective date of November 14, 2013, as amended by Amendment No. 1 on October 7, 2015 (the supply agreement together with its Amendment No. 1, the “Agreement”), is made as of August 17, 2016 (the “Amendment No. 2 Effective Date”). Unless otherwise defined herein, capitalized terms used in this Amendment No. 2 have the meanings ascribed to them in the Agreement.
AMENDMENT NO. 1 TO FACILITY AGREEMENTFacility Agreement • April 18th, 2022 • Intersect ENT, Inc. • Surgical & medical instruments & apparatus • New York
THIS AMENDMENT NO. 1 TO FACILITY AGREEMENT, dated as of April 15, 2022 (this “Amendment”), is made by and between Intersect ENT, Inc., a Delaware corporation (the “Borrower”) and Medtronic, Inc., a Minnesota corporation (the “Lender”).
SALE AND PURCHASE AGREEMENT relating to the acquisition of all shares in Fiagon AG Medical TechnologiesSale and Purchase Agreement • November 2nd, 2020 • Intersect ENT, Inc. • Surgical & medical instruments & apparatus
AMENDMENT NO.1 TO SUPPLY AGREEMENTSupply Agreement • February 25th, 2016 • Intersect ENT, Inc. • Surgical & medical instruments & apparatus • California
This Amendment No. 1 (the “Amendment No. 1”) to that certain supply agreement between Intersect ENT, Inc., a Delaware corporation having offices at 1555 Adams Drive, Menlo Park, California 94025, and Stephen Gould Corporation, a New Jersey corporation having offices at 45541 Northport Loop West, Fremont, CA 94538 (“the Agreement”), with an effective date of November 14, 2013, is made as of October 7, 2015 (the “Amendment No. 1 Effective Date”). Unless otherwise defined herein, capitalized terms used in this Amendment No. 1 have the meanings ascribed to them in the Agreement.
AGREEMENT AND PLAN OF MERGER AMONG MEDTRONIC, INC. PROJECT KRAKEN MERGER SUB, INC. ANDMerger Agreement • August 10th, 2021 • Intersect ENT, Inc. • Surgical & medical instruments & apparatus • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) dated as of August 6, 2021 (the “Agreement Date”), is among Medtronic, Inc. (“Parent”), a Minnesota corporation, Project Kraken Merger Sub, Inc. (“Merger Sub”), a Delaware corporation and a wholly-owned subsidiary of Parent, and Intersect ENT, Inc. (the “Company”), a Delaware corporation.
LEASE BY AND BETWEEN MENLO BUSINESS PARK, LLC, LESSOR AND INTERSECT ENT, INC., LESSEE Menlo Business Park 1555 Adams Drive, Suite B Menlo Park, California March 2, 2012Lease • May 2nd, 2014 • Intersect ENT, Inc. • Surgical & medical instruments & apparatus • California
THIS LEASE, referred to herein as “this Lease,” is made and entered into as of March 2, 2012, by and between MENLO BUSINESS PARK, LLC, a California limited liability company, hereafter referred to as “Lessor,” and INTERSECT ENT, INC., a Delaware corporation, hereafter referred to as “Lessee” or “Intersect ENT.”
