Alphatec Holdings, Inc. Sample Contracts

SECURITIES PURCHASE AGREEMENT
Securities Purchase Agreement • December 17th, 2020 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York

This Securities Purchase Agreement (this “Agreement”) is dated as of December 16, 2020, between Alphatec Holdings, Inc., a Delaware corporation (the “Company”), and each purchaser identified on Exhibit A hereto (each purchaser, including its respective successors and assigns, a “Purchaser” and collectively, the “Purchasers”).

Sample 1Sample 2Sample 3See All (1k)
AutoNDA by SimpleDocs
REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • June 4th, 2020 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus

This Registration Rights Agreement (this “Agreement”) is made and entered into as of May 29, 2020 among Alphatec Holdings, Inc., a Delaware corporation (the “Company”), and Squadron Medical Finance Solutions LLC, a Delaware limited liability company (“Squadron”, and Tawani Holdings LLC, an Illinois limited liability company (each such purchaser, a “Purchaser” and, collectively, the “Purchasers”).

Sample 1Sample 2Sample 3See All (1k)
SECURITIES PURCHASE AGREEMENT
Securities Purchase Agreement • March 23rd, 2017 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York

This Securities Purchase Agreement (this “Agreement”) is dated as of March 22, 2017, between Alphatec Holdings, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).

Sample 1Sample 2Sample 3See All (828)
Alphatec Holdings, Inc. Common Stock, par value $0.0001 per share UNDERWRITING AGREEMENT
Underwriting Agreement • April 16th, 2010 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York

Opinion of special intellectual property counsel for Scient’x to be delivered pursuant to Section 6(g) of the Underwriting Agreement.

Sample 1Sample 2Sample 3See All (680)
INDEMNIFICATION AGREEMENT
Indemnification Agreement • May 5th, 2009 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • Delaware

This Indemnification Agreement (“Agreement”) is made as of [ ] by and between Alphatec Holdings, Inc., a Delaware corporation (the “Company”), and [ ] (“Indemnitee”).

Sample 1Sample 2Sample 3See All (540)
COMMON STOCK PURCHASE WARRANT ALPHATEC HOLDINGS, INC.
Common Stock Purchase Warrant • March 23rd, 2017 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus

THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date the Shareholder Approval is received and effective (the “Initial Exercise Date”) and on or prior to the close of business on the five-year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Alphatec Holdings, Inc., a Delaware corporation (the “Company”), up to shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).

Sample 1Sample 2Sample 3See All (399)
COMMON STOCK PURCHASE WARRANT ALPHATEC HOLDINGS, INC.
Common Stock Purchase Warrant • March 12th, 2018 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus

THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, [NAME] or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date the Required Parent Stockholder Consent is received and effective (the “Initial Exercise Date”) and on or prior to the close of business on the five-year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Alphatec Holdings, Inc., a Delaware corporation (the “Company”), up to [NUMBER] shares (as subject to adjustment hereunder, the “Warrant Shares”) of Parent Common Stock (“Common Stock”). The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).

Sample 1Sample 2Sample 3See All (336)
Contract
Warrant Agreement • March 5th, 2012 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California

THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.

Sample 1Sample 2Sample 3See All (202)
10,900,000 Shares1 ALPHATEC HOLDINGS, INC. Common Stock PURCHASE AGREEMENT
Purchase Agreement • August 2nd, 2019 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York

Alphatec Holdings, Inc., Delaware corporation (the “Company”) proposes to sell to the several Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 10,900,000 shares (the “Firm Shares”) of Common Stock, $0.0001 par value per share (the “Common Stock”), of the Company. The Company has also granted to the several Underwriters an option to purchase up to 1,635,000 additional shares of Common Stock on the terms and for the purposes set forth in Section 3 hereof (the “Option Shares”). The Firm Shares and any Option Shares purchased pursuant to this Purchase Agreement are herein collectively called the “Securities.”

Sample 1Sample 2Sample 3See All (144)
SECURITIES PURCHASE AGREEMENT by and among ALPHATEC HOLDINGS, INC. and EACH PURCHASER IDENTIFIED ON THE SIGNATURE PAGES HERETO
Securities Purchase Agreement • March 12th, 2018 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • Delaware

This Securities Purchase Agreement (this “Agreement”) is dated as of March 8, 2018, by and among Alphatec Holdings, Inc., a Delaware corporation (the “Company”), and the purchasers listed on the signature pages attached to this Agreement (each purchaser, including its respective successors and assigns, also referred to herein as a “Purchaser” and collectively, the “Purchasers”).

Sample 1Sample 2Sample 3See All (119)
COMMON STOCK PURCHASE WARRANT ALPHATEC HOLDINGS, INC.
Common Stock Purchase Warrant • March 12th, 2018 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus

THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, [NAME] or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date the Stockholder Approval is received and effective (the “Initial Exercise Date”) and on or prior to the close of business on the five-year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Alphatec Holdings, Inc., a Delaware corporation (the “Company”), up to [NUMBER] shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).

Sample 1Sample 2Sample 3See All (73)
ALPHATEC HOLDINGS, INC.
Indenture • August 10th, 2021 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York

INDENTURE, dated as of August 10, 2021, between Alphatec Holdings, Inc., a Delaware corporation, as issuer (the “Company”), and U.S. Bank National Association, as trustee (the “Trustee”).

Sample 1Sample 2Sample 3See All (70)
14,300,000 Shares ALPHATEC HOLDINGS, INC. COMMON STOCK, PAR VALUE $0.0001 PER SHARE UNDERWRITING AGREEMENT October 24, 2023
Underwriting Agreement • October 27th, 2023 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York
Sample 1Sample 2Sample 3See All (50)
ALPHATEC HOLDINGS, INC. Common Stock UNDERWRITING AGREEMENT dated [ ], 2006 Deutsche Bank Securities Inc. First Albany Capital Inc. RBC Capital Markets Corporation
Underwriting Agreement • June 1st, 2006 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York

Introductory. Alphatec Holdings, Inc., a Delaware corporation (the "Company"), proposes to issue and sell to the several underwriters named in Schedule A (the "Underwriters") an aggregate of 9,300,000 shares (the "Firm Shares") of its Common Stock, par value $0.0001 per share (the "Common Stock"). In addition, the Company has granted to the Underwriters an option to purchase up to an additional 1,395,000 shares (the "Optional Shares") of Common Stock, as provided in Section 2. The Firm Shares and, if and to the extent such option is exercised, the Optional Shares are collectively called the "Shares." Deutsche Bank Securities Inc. ("DB"), First Albany Capital Inc. ("FAC") and RBC Capital Markets Corporation have agreed to act as representatives of the several Underwriters (in such capacity, the "Representatives") in connection with the offering and sale of the Shares.

Sample 1Sample 2Sample 3See All (34)
COMMON STOCK PURCHASE WARRANT ALPHATEC HOLDINGS, inc.
Common Stock Purchase Warrant • November 15th, 2024 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • Delaware

THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, L-5 Healthcare Partners, LLC, a Delaware limited liability company or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after November 8, 2024 (the “Initial Exercise Date”) and on or prior to the close of business on August 5, 2026 (the “Termination Date”), but not thereafter, to subscribe for and purchase from Alphatec Holdings, Inc., a Delaware corporation (the “Company”), up to 1,133,160 shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).

Sample 1Sample 2Sample 3See All (34)
Contract
Warrant Agreement • March 19th, 2014 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York

THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), OR ANY STATE SECURITIES LAW, AND MAY NOT BE SOLD, TRANSFERRED, ASSIGNED, PLEDGED, HYPOTHECATED OR OTHERWISE DISPOSED OF OR EXERCISED UNLESS (I) A REGISTRATION STATEMENT UNDER THE SECURITIES ACT AND APPLICABLE STATE SECURITIES LAWS SHALL HAVE BECOME EFFECTIVE WITH REGARD THERETO, OR (II) AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT AND APPLICABLE STATE SECURITIES LAWS IS AVAILABLE IN CONNECTION WITH SUCH OFFER, SALE OR TRANSFER.

Sample 1Sample 2Sample 3See All (21)
STRICTLY CONFIDENTIAL Alphatec Holdings, Inc.
Exclusive Agency Agreement • March 23rd, 2017 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York
Sample 1Sample 2Sample 3See All (21)
NON-QUALIFIED STOCK OPTION AGREEMENT ALPHATEC HOLDINGS, INC.
Non-Qualified Stock Option Agreement • March 5th, 2013 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • Delaware

WHEREAS, the Company desires to grant to the Participant an Option to purchase shares of its Common Stock, $.0001 par value per share (the “Shares”), under and for the purposes set forth in the Company’s 2005 Employee, Director and Consultant Stock Plan, as amended (the “Plan”);

Sample 1Sample 2Sample 3See All (17)
INCENTIVE STOCK OPTION AGREEMENT ALPHATEC HOLDINGS, INC.
Incentive Stock Option Agreement • March 5th, 2013 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • Delaware

AGREEMENT made as of ___________________, between Alphatec Holdings, Inc. (the “Company”), a Delaware corporation, and ______________________, an employee of the Company (the “Employee”).

Sample 1Sample 2Sample 3See All (14)
Amendment No. 1 to CREDIT, SECURITY AND GUARANTY AGREEMENT
Credit, Security and Guaranty Agreement • October 30th, 2024 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York

This Amendment No. 1 TO CREDIT, SECURITY AND GUARANTY AGREEMENT (this “Agreement”) is made as of this 29th day of October, 2024, by and among ALPHATEC HOLDINGS, INC., a Delaware corporation (the “Borrower”), the Guarantors party hereto (the “Guarantors”), WILMINGTON TRUST, NATIONAL ASSOCIATION, in its capacity as administrative agent and collateral agent (in such capacities and together with its permitted successors and assigns, the “Agent”), and the Lenders party hereto.

Sample 1Sample 2Sample 3See All (13)
REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • March 19th, 2014 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York

REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of March 17, 2014, by and among Alphatec Holdings, Inc., a Delaware corporation (the “Company”), and those lenders set forth on Schedule 1 to the Facility Agreement (as defined below) (each individually, a “Lender” and together, the “Lenders”).

Sample 1Sample 2Sample 3See All (12)
Contract
Warrant Agreement • March 4th, 2009 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California

THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.

Sample 1Sample 2Sample 3See All (11)
AutoNDA by SimpleDocs
AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION STANDARD INDUSTRIAL/COMMERCIAL SINGLE-TENANT LEASE—NET (DO NOT USE THIS FORM FOR MULTI-TENANT BUILDINGS)
Standard Industrial/Commercial Single-Tenant Lease • May 8th, 2006 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus
Sample 1Sample 2Sample 3See All (6)
April 6, 2021
Employment Agreement • April 8th, 2021 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California
Sample 1Sample 2Sample 3See All (5)
Contract
Sales Agency Agreement • May 8th, 2006 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus

Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company's application requesting confidential treatment under Rule 406 of the Securities Act. Asterisks denote omissions.

Sample 1Sample 2Sample 3See All (4)
SECURITY AGREEMENT
Security Agreement • April 2nd, 2007 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California

This Security Agreement is made and entered into this January 12, 2007, by and between BANK OF THE WEST (the “Bank”) and ALPHATEC SPINE, INC. (the “Debtor”).

Sample 1Sample 2Sample 3See All (4)
ALPHATEC HOLDINGS, INC. $50,000,000 SALES AGREEMENT
Sales Agreement • August 6th, 2020 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York

Alphatec Holdings, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Cowen and Company, LLC (“Cowen”), as follows:

Sample 1Sample 2Sample 3See All (4)
ATEC SEVERANCE agreement
Severance Agreement • May 11th, 2020 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus
Sample 1Sample 2Sample 3See All (4)
INVESTMENT AGREEMENT BY AND BETWEEN ALPHATEC HOLDINGS, INC. AND ECLIPSE ADVISORS, LLC Dated May 8, 2012
Investment Agreement • May 8th, 2012 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York

THIS INVESTMENT AGREEMENT is entered into as of the 8th day of May 2012 (this “Agreement”), by and between ECLIPSE ADVISORS, LLC (“Investor”), and ALPHATEC HOLDINGS, INC., a corporation organized and existing under the laws of the State of Delaware (the “Company”).

Sample 1Sample 2Sample 3See All (4)
AMENDED AND RESTATED CREDIT, SECURITY AND GUARANTY AGREEMENT, dated as of August 30, 2013, by and among ALPHATEC HOLDINGS, INC., ALPHATEC SPINE, INC., ALPHATEC INTERNATIONAL LLC, and ALPHATEC PACIFIC, INC., each as a Borrower, and collectively as...
Credit, Security and Guaranty Agreement • February 27th, 2015 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • Maryland
Sample 1Sample 2Sample 3
STOCKHOLDERS' AGREEMENT ALPHATEC HOLDINGS, INC. formerly known as AMI ACQUISITION I CORP.
Stockholders' Agreement • May 15th, 2006 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York

THIS STOCKHOLDERS' AGREEMENT, originally dated as of March 17, 2005 (this "Agreement"), is by and among Alphatec Holdings, Inc. (formerly know as AMI Acquisition I Corp.), a Delaware corporation (the "Company"), HealthpointCapital Partners, LP (the "Fund"), and the investors as may from time to time be listed on Schedule I attached hereto (the Fund and such investors are collectively referred to herein as the "Investors").

Sample 1Sample 2Sample 3
SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Employment Agreement • May 8th, 2012 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California

THIS SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the “Agreement”) is entered into on the 26th day of February, 2012 (the “Effective Date”), by and between Alphatec Holdings, Inc., Alphatec Spine, Inc. (collectively, each of Alphatec Holdings, Inc. and Alphatec Spine, Inc. shall be referred to as the “Company”), a Delaware corporation, and Dirk Kuyper (the “Executive”) (hereinafter collectively referred to as the “parties”).

Sample 1Sample 2Sample 3
AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Employment Agreement • March 17th, 2008 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California

THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the “Agreement”), made this 17th day of July, 2006 (the “Commencement Date”), is entered into among Ebun S. Garner. Esq. (“Executive”), Alphatec Spine, Inc., a California corporation (the “ASI”), and Alphatec Holdings, Inc., a Delaware corporation (“Parent”) (collectively, ASI and Parent shall be referred to as the “Company”).

Sample 1Sample 2Sample 3
ALPHATEC SPINE, INC. SALES AGENCY AGREEMENT
Sales Agency Agreement • March 17th, 2008 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus

This Sales Agency Agreement (the “Agreement”) is between Alphatec Spine, Inc., a California corporation (the “Company”) and Western Spine, Inc., a Nevada corporation (Employer Identification Number ) (hereinafter referred to as “Sales Agent”) is made as of February 1, 2007 (the “Effective Date”).

Sample 1Sample 2Sample 3
UNCONDITIONAL GUARANTY
Unconditional Guaranty • May 10th, 2010 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California

This continuing Unconditional Guaranty (“Guaranty”) is entered into as of March 26, 2010, by ALPHATEC HOLDINGS, INC., a Delaware corporation (“Guarantor”), in favor of Oxford Finance Corporation (“Lender”).

Sample 1Sample 2Sample 3
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!