INDENTURE Dated as of [•], 20__ Debt SecuritiesIndenture • November 13th, 2019 • SI-BONE, Inc. • Surgical & medical instruments & apparatus • New York
WHEREAS, for its lawful corporate purposes, the Company has duly authorized the execution and delivery of this Indenture to provide for the issuance of debt securities (hereinafter referred to as the “Securities”), in an unlimited aggregate principal amount to be issued from time to time in one or more series as in this Indenture provided, as registered Securities without coupons, to be authenticated by the certificate of the Trustee;
•] Shares SI-BONE, INC. COMMON STOCK (PAR VALUE $0.0001 PER SHARE) UNDERWRITING AGREEMENTUnderwriting Agreement • October 5th, 2018 • SI-BONE, Inc. • Surgical & medical instruments & apparatus • New York
SI-BONE, Inc. and _____________, As Warrant Agent Form Of Preferred Stock Warrant Agreement Dated As Of __________Preferred Stock Warrant Agreement • May 4th, 2023 • SI-BONE, Inc. • Surgical & medical instruments & apparatus • New York
This Preferred Stock Warrant Agreement (this “Agreement”), dated as of [●], between SI-BONE, 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”).
SI-BONE, Inc. and _____________, As Warrant Agent Form Of Common Stock Warrant Agreement Dated As Of __________Common Stock Warrant Agreement • May 4th, 2023 • SI-BONE, Inc. • Surgical & medical instruments & apparatus • New York
This Common Stock Warrant Agreement (this “Agreement”), dated as of [●], between, SI-BONE, 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”).
ContractWarrant Agreement • September 20th, 2018 • SI-BONE, 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 THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
SI-BONE, INC. AND _____________, AS WARRANT AGENT FORM OF DEBT SECURITIES WARRANT AGREEMENT DATED AS OF __________Debt Securities Warrant Agreement • November 13th, 2019 • SI-BONE, Inc. • Surgical & medical instruments & apparatus • New York
THIS DEBT SECURITIES WARRANT AGREEMENT (this “Agreement”), dated as of [●], between SI-BONE, 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 • November 19th, 2015 • SI-BONE, Inc. • 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 October 20, 2015 (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 (together with its successors and assigns 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 and SILICON VALLEY BANK, a California corporation with an office located at 3003 Tasman Drive, Santa Clara, CA 95054 (“Bank” or “SVB”) (each a “Lender” and collectively, the “Lenders”), and SI-BONE, INC., a Delaware corporation with offices located at 3055 Olin Avenue, Suite 2200, San Jose, California 95128 (“Borrower”), provides the terms on which the Lenders shall lend to Borrower and Borrower shall repay the Lenders. Th
INDEMNITY AGREEMENTIndemnity Agreement • September 20th, 2018 • SI-BONE, Inc. • Surgical & medical instruments & apparatus • Delaware
THIS INDEMNITY AGREEMENT (this “Agreement”) dated as of , 2018, is made by and between SI-BONE, INC., a Delaware corporation (the “Company”), and (“Indemnitee”).
4,300,000 Shares SI‑BONE, INC. COMMON STOCK (PAR VALUE $0.0001 PER SHARE) UNDERWRITING AGREEMENTUnderwriting Agreement • January 24th, 2020 • SI-BONE, Inc. • Surgical & medical instruments & apparatus • New York
SI‑BONE, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several Underwriters named in Schedule II hereto (the “Underwriters”), for which Morgan Stanley & Co. LLC and BofA Securities, Inc. are acting as representatives (the “Representatives” or “you”), and certain shareholders of the Company (the “Selling Shareholders”) named in Schedule I hereto severally propose to sell to the several Underwriters, an aggregate of 4,300,000 shares of its common stock, par value $.0001 per share (the “Firm Shares”), of which 2,490,053 shares are to be issued and sold by the Company and 1,809,947 shares are to be sold by the Selling Shareholders, each Selling Shareholder selling the amount set forth opposite such Selling Shareholder’s name in Schedule I hereto.
ContractWarrant Agreement • November 19th, 2015 • SI-BONE, 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.
ContractWarrant Agreement • September 20th, 2018 • SI-BONE, 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.
3,775,000 Shares SI-BONE, INC. COMMON STOCK (PAR VALUE $0.0001 PER SHARE) UNDERWRITING AGREEMENTUnderwriting Agreement • May 8th, 2023 • SI-BONE, Inc. • Surgical & medical instruments & apparatus • New York
SI-BONE, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several Underwriters named in Schedule II hereto (the “Underwriters”), for which BofA Securities, Inc., Morgan Stanley & Co. LLC and Jefferies LLC are acting as representatives (the “Representatives” or “you”), and the shareholder of the Company (the “Selling Shareholder”) named in Schedule I hereto proposes to sell to the several Underwriters, an aggregate of 3,775,000 shares of its common stock, par value $.0001 per share (the “Firm Shares”), of which 3,502,247 shares are to be issued and sold by the Company and 272,753 shares are to be sold by the Selling Shareholder.
ContractWarrant Agreement • September 20th, 2018 • SI-BONE, 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.
SI-BONE, INC. AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT JUNE 2, 2016Investors’ Rights Agreement • September 20th, 2018 • SI-BONE, Inc. • Surgical & medical instruments & apparatus • Delaware
THIS AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (the “Agreement”) is made as of the 2nd day of June, 2016, by and among SI-BONE, Inc., a Delaware corporation (the “Company”) and the investors listed on Schedule A hereto, each of which is herein referred to as an “Investor”.
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 9th, 2021 • SI-BONE, Inc. • Surgical & medical instruments & apparatus
LOAN AGREEMENT Dated as of October 13, 2017 between SI-BONE, INC. (as Borrower), and BIOPHARMA CREDIT INVESTMENTS IV SUB LP (as Lender)Loan Agreement • July 31st, 2018 • SI-BONE, Inc. • Surgical & medical instruments & apparatus • New York
THIS LOAN AGREEMENT (this “Agreement”), dated as of October 13, 2017 (the “Effective Date”) by and among SI-BONE, INC., a Delaware corporation (“Borrower”), and BIOPHARMA CREDIT INVESTMENTS IV SUB LP, a Cayman Islands limited partnership (“Lender”), provides the terms on which Lender shall make, and Borrower shall repay, the Credit Extensions (as hereinafter defined). The parties hereto agree as follows:
CERTAIN INFORMATION IDENTIFIED BY “[***]” HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH NOT MATERIAL AND IS THE TYPE OF INFORMATION THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL.Loan and Security Agreement • May 2nd, 2023 • SI-BONE, Inc. • Surgical & medical instruments & apparatus • California
LSA Section LSA Provision First Amendment Effective Date, and (iii) Thirty-Seven Thousand Five Hundred ($37,500) on the second anniversary of the First Amendment Effective Date. 12.2 – “Borrower” “Borrower” means (i) SI-BONE, INC., a Delaware corporation. 12.2 – “Effective Date” “Effective Date” is August 12, 2021. 12.2 – “Payment Date” “Payment Date” is (a) with respect to Term Loan Advances, the first (1st) calendar day of each month and (b) with respect to Advances, the last calendar day of each month. 12.2 – “Prime Rate” “Prime Rate” is the rate of interest per annum from time to time published in the money rates section of The Wall Street Journal or any successor publication thereto as the “prime rate” then in effect; provided that if such rate of interest, as set forth from time to time in the money rates section of The Wall Street Journal, becomes unavailable for any reason as determined by Bank, the “Prime Rate” shall mean the rate of interest per annum announced by Bank as its
ContractWarrant Agreement • November 19th, 2015 • SI-BONE, 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.
Quality and Manufacturing Agreement by and between CEP Bio-Coat, LLC dba Orchid Detroit and SI-BONE, Inc.Quality and Manufacturing Agreement • September 20th, 2018 • SI-BONE, Inc. • Surgical & medical instruments & apparatus • California
This Quality and Manufacturing Agreement (this “Agreement”), effective April 18, 2016 (“Effective Date”), is by and between Orchid MPS Holdings, LLC (“Supplier”) with its principal office at 1489 Cedar Street, Holt, MI 48842, and SI-BONE, Inc., a Delaware corporation with its principal office at 3055 Olin Ave., Suite 2200, San Jose, CA 95128 (“Purchaser”).
SI-BONE, INC. March 1, 2017Letter Agreement • July 31st, 2018 • SI-BONE, Inc. • Surgical & medical instruments & apparatus
OFFICE LEASE AGREEMENT BETWEEN FRIT SAN JOSE TOWN AND COUNTRY VILLAGE, LLC, LANDLORD AND SI-BONE, INC., TENANT DATE: 8/09, 2012Office Lease Agreement • May 24th, 2017 • SI-BONE, Inc. • Surgical & medical instruments & apparatus • District of Columbia
THIS OFFICE LEASE AGREEMENT (this “Lease”) is made this 9th day of August, 2012, by and between FRIT SAN JOSE TOWN AND COUNTRY VILLAGE, LLC, a California limited liability company, by its managing member, STREET RETAIL, INC., a Maryland corporation (“Landlord”), and SI-BONE, INC., a Delaware corporation (“Tenant”).
MANUFACTURING, QUALITY AND SUPPLY AGREEMENTManufacturing Agreement • September 20th, 2018 • SI-BONE, Inc. • Surgical & medical instruments & apparatus • Delaware
THIS MANUFACTURING, QUALITY AND SUPPLY AGREEMENT (“Agreement”) is entered into as of January 31, 2017 (the “Effective Date”), between SI-BONE, INC., a Delaware corporation having an address of 3055 Olin Ave., Ste. 2200, San Jose, CA 95128 (including its Affiliates, “SI-BONE”) and rms COMPANY a Minnesota corporation having an address of 8600 Evergreen Blvd., Coon Rapids, MN 55433 (“Supplier”).
AMENDED AND RESTATED MANUFACTURING, QUALITY AND SUPPLY AGREEMENTManufacturing Agreement • August 4th, 2021 • SI-BONE, Inc. • Surgical & medical instruments & apparatus • Delaware
THIS AMENDED AND RESTATED MANUFACTURING, QUALITY AND SUPPLY AGREEMENT (“Agreement”) is entered into as of June 11, 2021 (the “Effective Date”), between SI-BONE, Inc., a Delaware corporation having an address of 471 El Camino Real, Suite 101, Santa Clara, CA 95050 (including its Affiliates, “SI-BONE”) and rms COMPANY, a Minnesota corporation having an address of 8600 Evergreen Blvd., Coon Rapids, MN 55433 (“Supplier”).
SECOND AMENDMENT TO OFFER LETTER AGREEMENT AND SEVERANCE PLAN PARTICIPATION AGREEMENTOffer Letter Agreement and Severance Plan Participation Agreement • November 9th, 2021 • SI-BONE, Inc. • Surgical & medical instruments & apparatus
This Second Amendment (this “Amendment”) to the Offer Letter Agreement by and between SI-BONE, Inc. (the “Company”) and Jeffrey Dunn (the “Executive”), dated as of the 15th day of December, 2009 (the “Letter Agreement”) and the Participation Agreement (the “Participation Agreement”) under the SI-BONE, Inc. Severance Benefit Plan (the “Severance Plan”), as amended by the Amendment to Offer Letter and Severance Plan Participation Agreement, effective April 19, 2021 (the “First Amendment”), is entered into as of this 20th day of October, 2021, by and between the Company and the Executive, effective and contingent upon the earlier of May 1, 2021 and the date on which a new Chief Financial Officer is appointed and begins employment at the Company (the “Effective Date”). The Company and Executive are referred to herein as the “parties.”
Amended and Restated Participation AgreementParticipation Agreement • April 20th, 2021 • SI-BONE, Inc. • Surgical & medical instruments & apparatus
DocuSign Envelope ID: 996D5718-E3CE-4796-8706-C8A63C6557E9 SI-BONE, INC. AMENDMENT TO RESTRICTED STOCK UNITS THIS AMENDMENT TO RESTRICTED STOCK UNITS (this “Amendment”) is entered into as of September 12, 2019, by and between SI- BONE, Inc. (the...Restricted Stock Unit Amendment • November 12th, 2019 • SI-BONE, Inc. • Surgical & medical instruments & apparatus
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 24th, 2017 • SI-BONE, Inc. • 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 October 20, 2015 (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 (together with its successors and assigns 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 and SILICON VALLEY BANK, a California corporation with an office located at 3003 Tasman Drive, Santa Clara, CA 95054 (“Bank” or “SVB”) (each a “Lender” and collectively, the “Lenders”), and SI-BONE, INC., a Delaware corporation with offices located at 3055 Olin Avenue, Suite 2200, San Jose, California 95128 (“Borrower”), provides the terms on which the Lenders shall lend to Borrower and Borrower shall repay the Lenders. Th
CERTAIN INFORMATION IDENTIFIED BY “[***]” HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH NOT MATERIAL AND IS THE TYPE OF INFORMATION THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. MANUFACTURE AND SUPPLY AGREEMENTManufacture and Supply Agreement • February 27th, 2024 • SI-BONE, Inc. • Surgical & medical instruments & apparatus • New York
THIS MANUFACTURE AND SUPPLY AGREEMENT (“Agreement”) is entered into as of February 23, 2024 (the “Effective Date”), between SI-BONE, INC., a Delaware corporation having an address of 471 El Camino Real, Suite 101, Santa Clara, CA 95050 (“Company”) and RMS COMPANY, a Minnesota corporation having an address of 8600 Evergreen Boulevard, Coon Rapids, MN 55433 (“Supplier”).
Letter AgreementLetter Agreement • May 2nd, 2023 • SI-BONE, Inc. • Surgical & medical instruments & apparatus
Reference is made to the Loan and Security Agreement dated as of August 12, 2021 by and between Silicon Valley Bank, now known as Silicon Valley Bridge Bank, N.A. (“Bank”) and SI-BONE, Inc., a Delaware corporation (“Borrower”) (as amended modified, supplemented and/or restated from time to time, including, without limitation, pursuant to that certain First Amendment to Loan and Security Agreement dated January 6, 2023, the “Loan Agreement”). Capitalized terms used but not otherwise defined herein shall have the same meanings set forth in the Loan Agreement.
Supplier Quality Agreement Between SI BONE, Inc. and Orchid Bio-CoatSupplier Quality Agreement • November 19th, 2015 • SI-BONE, Inc. • Surgical & medical instruments & apparatus
UNIVERSITY STATION SECOND AMENDMENT TO LEASE (SI-BONE INC.)Lease • July 19th, 2024 • SI-BONE, Inc. • Surgical & medical instruments & apparatus
THIS SECOND AMENDMENT TO LEASE (this “Amendment”) is made as of July 18, 2024, by and between BIXBY SPE FINANCE 11, LLC, a Delaware limited liability company (“Landlord”), and SI-BONE INC., a Delaware corporation (“Tenant”).
CERTAIN INFORMATION IDENTIFIED BY “[***]” HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH NOT MATERIAL AND IS THE TYPE OF INFORMATION THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 27th, 2024 • SI-BONE, Inc. • Surgical & medical instruments & apparatus
This SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Agreement”) is entered into as of January 25, 2024, by and between SILICON VALLEY BANK, a division of First-Citizens Bank & Trust (“Bank”) and SI-BONE, INC., a Delaware corporation (“Borrower”).
OFFICE LEASE AGREEMENT CALIFORNIA UNIVERSITY STATIONOffice Lease Agreement • July 31st, 2018 • SI-BONE, Inc. • Surgical & medical instruments & apparatus • Delaware
THIS OFFICE LEASE AGREEMENT (the “Lease”) is made and entered into as of the 2/2/2018 day of January, 2018, by and between BIXBY SPE FINANCE 11, LLC, a Delaware limited liability company (“Landlord”), and SI-BONE, INC., a Delaware corporation (“Tenant”). Pursuant to the terms of this Lease, Landlord agrees to lease the Premises (hereinafter defined) to Tenant and Tenant agrees to lease the Premises from Landlord. The Lease includes the following exhibits and attachments: Exhibit A (Outline and Location of Premises), Exhibit A-1 (Development Site Plan), Exhibit B (Operating Expenses and Taxes), Exhibit C (Work Letter), Exhibit D (Building Rules and Regulations), Exhibit E (Statement of Tenant Regarding Lease Commencement), Exhibit F (Recorded Restrictions), Rider No. 1 (Extension Option Rider), Rider No. 2 (Fair Market Rental Rate), and Rider No. 3 (Options in General).
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 4th, 2020 • SI-BONE, Inc. • Surgical & medical instruments & apparatus • New York
THIS LOAN AND SECURITY AGREEMENT (as the same may be amended, restated, modified, or supplemented from time to time, this “Agreement”) dated as of May 29, 2020 (the “Effective Date”) among Solar Capital Ltd., a Maryland corporation, with an office located at 500 Park Avenue, 3rd Floor, New York, NY 10022 (“Solar”), as collateral agent (in such capacity, together with its successors and assigns in such capacity, “Collateral Agent”), the lenders listed on Schedule 1.1 hereof or otherwise a party hereto from time to time including Solar in its capacity as a Lender (each a “Lender” and collectively, the “Lenders”), SI-BONE, Inc., a Delaware corporation, with offices located at 471 El Camino Real, Suite 101, Santa Clara, CA 95050, and other borrowers party hereto from time to time (individually and collectively, jointly and severally, “Borrower”), and the Guarantors party hereto from time to time, provides the terms on which the Lenders shall lend to Borrower and Borrower shall repay the Le
AMENDMENT TO OFFER LETTER AGREEMENT AND SEVERANCE PLAN PARTICIPATION AGREEMENTOffer Letter Agreement and Severance Plan Participation Agreement • January 7th, 2021 • SI-BONE, Inc. • Surgical & medical instruments & apparatus
This Amendment (this “Amendment”) to the Offer Letter Agreement by and between SI-BONE, Inc. (the “Company”) and Jeffrey Dunn (the “Executive”), dated as of the 15th day of December, 2009 (the “Letter Agreement”) and the Participation Agreement (the “Participation Agreement”) under the SI-BONE, Inc. Severance Benefit Plan (the “Severance Plan”), is entered into as of this 5th day of January, 2021, by and between the Company and the Executive, effective and contingent upon the earlier of May 1, 2021 and the date on which a new Chief Financial Officer is appointed and begins employment at the Company (the “Effective Date”). The Company and Executive are referred to herein as the “parties.”
