PRE-FUNDED CLASS A COMMON STOCK PURCHASE WARRANT ELUTIA INC.Security Agreement • September 21st, 2023 • Elutia Inc. • Biological products, (no disgnostic substances) • New York
THIS PRE-FUNDED CLASS A 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 hereof (the “Initial Exercise Date”) and until this Warrant is exercised in full (the “Termination Date”) but not thereafter, to subscribe for and purchase from Elutia Inc., a Delaware corporation (the “Company”), up to _________ shares of Class A common stock, par value $0.001 per share (the “Common Stock”) (as subject to adjustment hereunder, the “Warrant Shares”). 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). The Warrant is being issued pursuant to that certain Securities Purchase Agreement, dated as of September 18, 2023, among the Company and the purchasers signatory thereto, as amended and/or restated from t
form of PRE-FUNDED CLASS A COMMON STOCK PURCHASE WARRANT ELUTIA INC.Warrant Agreement • June 18th, 2024 • Elutia Inc. • Biological products, (no disgnostic substances) • New York
THIS PRE-FUNDED CLASS A 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 hereof (the “Initial Exercise Date”) and until this Warrant is exercised in full (the “Termination Date”) but not thereafter, to subscribe for and purchase from Elutia Inc., a Delaware corporation (the “Company”), up to _________ shares of Class A common stock, par value $0.001 per share (the “Common Stock”) (as subject to adjustment hereunder, the “Warrant Shares”). 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). The Warrant is being issued pursuant to that certain Securities Purchase Agreement, dated as of June 16, 2024, among the Company and the purchasers signatory thereto, as amended and/or restated from time t
CLASS A COMMON STOCK PURCHASE WARRANT ELUTIA INC.Security Agreement • September 21st, 2023 • Elutia Inc. • Biological products, (no disgnostic substances) • New York
THIS CLASS A 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 hereof (the “Initial Exercise Date”) and on or prior to 5:00 p.m. Eastern time on the earlier of (i) September ____, 2028 and (ii) 30 Trading Days following the Company's public release of receipt of the Clearance Notice (the “Termination Date”) but not thereafter, to subscribe for and purchase from Elutia Inc., a Delaware corporation (the “Company”), up to _________ shares of Class A common stock, par value $0.001 per share (the “Common Stock”) (as subject to adjustment hereunder, the “Warrant Shares”). 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). The Warrant is being issued pursuant to that certain Securities Purchase Agr
PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • June 18th, 2024 • Elutia Inc. • Biological products, (no disgnostic substances) • New York
2,350,000 Shares1 Aziyo Biologics, Inc. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • December 5th, 2022 • Aziyo Biologics, Inc. • Biological products, (no disgnostic substances) • New York
Aziyo Biologics, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 2,350,000 shares (the “Firm Shares”) of Class A common stock, $0.001 par value per share (the “Class A common stock” and together with the Company’s Class B common stock, $0.001 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 352,500 additional shares of Class A 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 Underwriting Agreement (this “Agreement”) are herein collectively called the “Securities.”
amendment No. 1 to AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT (REVOLVING LOAN)Credit and Security Agreement • September 30th, 2020 • Aziyo Biologics, Inc. • Biological products, (no disgnostic substances) • New York
This AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT (REVOLVING LOAN) (as the same may be amended, supplemented, restated or otherwise modified from time to time, the “Agreement”) is dated as of July 15, 2019 by and among AZIYO BIOLOGICS, INC., a Delaware corporation (“Aziyo”), AZIYO MED, LLC, a Delaware limited liability company (“Aziyo Med”) and any additional borrower that may hereafter be added to this Agreement (individually as a “Borrower”, and collectively with any entities that become party hereto as Borrower and each of their successors and permitted assigns, the “Borrowers”), MIDCAP FUNDING IV TRUST, a Delaware statutory trust, individually as a Lender, and as Agent, and the financial institutions or other entities from time to time parties hereto, each as a Lender.
THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • October 3rd, 2024 • Elutia Inc. • Biological products, (no disgnostic substances)
THIS THIRD AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of September 30, 2024, is entered into by and among ELUTIA INC., a Delaware corporation (f/k/a Aziyo Biologics, Inc.) (“Borrower”), each of the undersigned financial institutions (individually each a “Lender” and collectively “Lenders”) and SWK FUNDING LLC, a Delaware limited liability company, in its capacity as administrative agent for the other Lenders (in such capacity, “Agent”).
ContractWarrant Agreement • September 14th, 2020 • Aziyo Biologics, Inc. • Biological products, (no disgnostic substances) • Delaware
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 SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION CAN BE MADE IN COMPLIANCE WITH RULE 144 OF THE ACT, OR IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE REASONABLY SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.
amendment No. 1 to AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT (TERM LOAN)Credit and Security Agreement (Term Loan) • September 30th, 2020 • Aziyo Biologics, Inc. • Biological products, (no disgnostic substances) • New York
This AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT (TERM LOAN) (as the same may be amended, supplemented, restated or otherwise modified from time to time, the “Agreement”) is dated as of July 15, 2019 by and among AZIYO BIOLOGICS, INC., a Delaware corporation (“Aziyo”), AZIYO MED, LLC, a Delaware limited liability company (“Aziyo Med”) and any additional borrower that may hereafter be added to this Agreement (individually as a “Borrower”, and collectively with any entities that become party hereto as Borrower and each of their successors and permitted assigns, the “Borrowers”), MIDCAP FINANCIAL TRUST, a Delaware statutory trust, individually as a Lender, and as Agent, and the financial institutions or other entities from time to time parties hereto, each as a Lender.
AZIYO BIOLOGICS, INC. AMENDED AND RESTATED 2020 INCENTIVE AWARD PLAN STOCK OPTION GRANT NOTICE AND STOCK OPTION AGREEMENTStock Option Agreement • February 2nd, 2024 • Elutia Inc. • Biological products, (no disgnostic substances) • Delaware
Elutia Inc., a Delaware corporation (the “Company”), pursuant to its Amended and Restated 2020 Incentive Award Plan, as amended from time to time (the “Plan”), hereby grants to the holder listed below (“Participant”) an option to purchase the number of Shares set forth below (the “Option”). The Option is subject to the terms and conditions set forth in this Stock Option Grant Notice (the “Grant Notice”), the Plan and the Stock Option Agreement attached hereto as Exhibit A including any Appendix thereto (the “Agreement”), each of which is incorporated into this Grant Notice by reference. Unless otherwise defined herein, the terms defined in the Plan shall have the same defined meanings in this Grant Notice and the Agreement.
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • December 30th, 2022 • Aziyo Biologics, Inc. • Biological products, (no disgnostic substances) • Maryland
THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Agreement”), entered into as of December 23, 2022, is made by and between Aziyo Biologics, Inc. (the “Company”) and Thomas Englese (the “Executive”) (collectively referred to herein as the “Parties”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • September 21st, 2023 • Elutia Inc. • Biological products, (no disgnostic substances) • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of September 21, 2023 by and among Elutia Inc., a Delaware corporation (the “Company”), and the “Investors” named in the Securities Purchase Agreement, dated as of the date hereof, by and among the Company and the Investors identified on Exhibit A attached thereto (the “Purchase Agreement”). Capitalized terms used herein have the respective meanings ascribed thereto in the Purchase Agreement unless otherwise defined herein.
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • June 18th, 2024 • Elutia Inc. • Biological products, (no disgnostic substances) • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of June 16, 2024, between Elutia 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”).
AMENDMENT NO. 2 TO AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT (TERM LOAN)Credit and Security Agreement (Term Loan) • March 8th, 2022 • Aziyo Biologics, Inc. • Biological products, (no disgnostic substances) • New York
This AMENDMENT NO. 2 TO AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT (TERM LOAN) (this “Agreement”) is made as of January 21, 2022, by and among AZIYO BIOLOGICS, INC., a Delaware corporation (“Aziyo”), AZIYO MED, LLC, a Delaware limited liability company (“Aziyo Med”, and Aziyo Med, together with Aziyo, each individually, a “Borrower” and collectively, the “Borrowers”), MIDCAP FINANCIAL TRUST, a Delaware statutory trust, as Agent (in such capacity, together with its successors and assigns, “Agent”) and the other financial institutions or other entities from time to time parties to the Credit Agreement referenced below, each as a Lender.
AZIYO BIOLOGICS, INC. NOTE PURCHASE AGREEMENTNote Purchase Agreement • September 14th, 2020 • Aziyo Biologics, Inc. • Biological products, (no disgnostic substances) • Delaware
THIS NOTE PURCHASE AGREEMENT (this “Agreement”), dated as of April 2, 2020, by and between Aziyo Biologics, Inc., a Delaware corporation (the “Company”) and each of the persons and entities set forth on Schedule A attached hereto (each, an “Investor”).
AMENDMENT NO. 2 TO AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT (REVOLVING LOAN)Credit and Security Agreement • March 8th, 2022 • Aziyo Biologics, Inc. • Biological products, (no disgnostic substances) • New York
This AMENDMENT NO. 2 TO AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT (REVOLVING LOAN) (this “Agreement”) is made as of January 21, 2022, by and among AZIYO BIOLOGICS, INC., a Delaware corporation (“Aziyo”), AZIYO MED, LLC, a Delaware limited liability company (“Aziyo Med”, and Aziyo Med, together with Aziyo, each individually, a “Borrower” and collectively, the “Borrowers”), MIDCAP FUNDING IV TRUST, a Delaware statutory trust, as Agent (in such capacity, together with its successors and assigns, “Agent”) and the other financial institutions or other entities from time to time parties to the Credit Agreement referenced below, each as a Lender.
AMENDMENT NO. 1 TO ROYALTY AGREEMENTRoyalty Agreement • January 12th, 2024 • Elutia Inc. • Biological products, (no disgnostic substances)
This Amendment No. 1 to Royalty Agreement (this “Amendment”) is made effective as of January 10, 2024 (the “Amendment Effective Date”), by and between Elutia Med LLC, a Delaware limited liability company (formerly known as Aziyo Med, LLC) (the “Company”), and Ligand Pharmaceuticals Incorporated, a Delaware corporation (“Ligand” and collectively with the Company, the “Parties” and each, a “Party”).
November 21, 2022Credit Agreement • November 28th, 2022 • Aziyo Biologics, Inc. • Biological products, (no disgnostic substances)
Reference is made to that certain Credit Agreement, dated as of August 10, 2022, by and among Aziyo Biologics, Inc., a Delaware corporation (the “Borrower”), each of the undersigned financial institutions (individually each a “Lender” and collectively the “Lenders”) and SWK Funding LLC, a Delaware limited liability company, in its capacity as administrative agent for the other Lenders (in such capacity, “Agent”) (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”). All capitalized terms used in this amendment letter (this “Amendment Letter”) and not otherwise defined herein, shall have the respective meanings given such terms in the Credit Agreement.
AZIYO BIOLOGICS, INC.Stock Option Agreement • February 2nd, 2024 • Elutia Inc. • Biological products, (no disgnostic substances)
THIS AMENDMENT TO THE STOCK OPTION GRANT NOTICE AND STOCK OPTION AGREEMENT (the “Amendment”) by and between Elutia Inc., a Delaware corporation (the “Company”) and Charles Randal Mills (“Optionee”) is effective as of the 31st day of January, 2024 (the “Effective Date”).
DECEMBER 2017 AMENDMENT TO LICENSE AGREEMENTLicense Agreement • September 14th, 2020 • Aziyo Biologics, Inc. • Biological products, (no disgnostic substances)
This is an amendment (this “Amendment”), effective as of December 21st, 2017, to that certain LICENSE AGREEMENT (the “License Agreement”) dated May 31, 2017, by and between COOK BIOTECH INCORPORATED, an Indiana corporation with its principal office at 1425 Innovation Place, West Lafayette, Indiana 47906 (“Cook”), and AZIYO MED, LLC, a Delaware limited liability company with its principal office at 12510 Prosperity Drive, Suite 370, Silver Spring, Maryland 20904 (“Aziyo”).
November 8, 2023Credit Agreement • November 15th, 2023 • Elutia Inc. • Biological products, (no disgnostic substances)
Reference is made to (i) that certain Credit Agreement, dated as of August 10, 2022, by and among Elutia Inc., a Delaware corporation (f/k/a Aziyo Biologics, Inc.)(the “Borrower”), each of the undersigned financial institutions (individually each a “Lender” and collectively the “Lenders”) and SWK Funding LLC, a Delaware limited liability company, in its capacity as administrative agent for the other Lenders (in such capacity, “Agent”) (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), and (ii) that certain letter agreement among Borrower, Agent and Berkeley Biologics LLC, dated as of November 8, 2023 (the “Lien Release Letter Agreement”).
AZIYO BIOLOGICS, INC. AMENDMENT TO NOTE PURCHASE AGREEMENTNote Purchase Agreement • September 14th, 2020 • Aziyo Biologics, Inc. • Biological products, (no disgnostic substances)
This AMENDMENT TO NOTE PURCHASE AGREEMENT (this “Amendment”) is entered into as of April 29, 2020 by and between Aziyo Biologics, Inc., a Delaware corporation (the “Company”) and each of the other persons and entities signatory hereto (the “Investors”).
RESTRICTED STOCK Unit AWARD Grant Notice and restricted stock unit agreementRestricted Stock Unit Agreement • February 2nd, 2024 • Elutia Inc. • Biological products, (no disgnostic substances) • Delaware
Elutia Inc., a Delaware corporation (the “Company”), pursuant to its Amended and Restated 2020 Incentive Award Plan, as amended from time to time (the “Plan”), hereby grants to the holder listed below (“Participant”) the number of Restricted Stock Units set forth below (the “RSUs”). The RSUs are subject to the terms and conditions set forth in this Restricted Stock Unit Grant Notice (the “Grant Notice”), the Restricted Stock Unit Agreement attached hereto as Exhibit A (the “Agreement”) and the Plan, each of which is incorporated herein by reference. Unless otherwise defined herein, the terms defined in the Plan shall have the same defined meanings in the Grant Notice and the Agreement.
SECOND AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENT Dated as of September 14, 2020Investor Rights Agreement • September 14th, 2020 • Aziyo Biologics, Inc. • Biological products, (no disgnostic substances) • Delaware
SECOND AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENT (this “Agreement”), dated as of September 14, 2020, by and among Aziyo Biologics, Inc., a Delaware corporation (the “Company”), the holders of Preferred Stock (as defined below) set forth on Schedule A attached hereto and the persons and entities set forth on Schedule B attached hereto (collectively, the “Junior Holders” and each, a “Junior Holder”).
EMPLOYMENT AGREEMENTEmployment Agreement • September 14th, 2020 • Aziyo Biologics, Inc. • Biological products, (no disgnostic substances) • Maryland
This EMPLOYMENT AGREEMENT (this “Agreement”), effective as of June 1, 2018, is by and between Aziyo Biologics, Inc., a Delaware corporation (the “Company”) and Ronald Lloyd (the “Executive”).
Certain information marked as [****] has been excluded from this exhibit because it is both (i) not material and (ii) the type that the Registrant treats as private or confidential.Separation and Release of Claims Agreement • June 21st, 2022 • Aziyo Biologics, Inc. • Biological products, (no disgnostic substances) • California
This letter agreement (this “Letter Agreement”) sets forth the understanding by and between you and Aziyo Biologics, Inc. (collectively with its affiliates, and any successor(s) thereto, the “Company”), regarding the cessation of your employment with the Company. Capitalized terms used but not otherwise defined herein shall have the meanings assigned to such terms in that certain Employment Agreement by and between the Company and you, dated as of September 30, 2020, (the “Employment Agreement”).
SETTLEMENT AGREEMENT AND GENERAL RELEASESettlement Agreement • September 14th, 2020 • Aziyo Biologics, Inc. • Biological products, (no disgnostic substances) • Delaware
THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE (this "Settlement Agreement'') made and entered into as of April 6, 2018, by and among KeraLink International, formerly named Tissue Banks International, Inc. ("KeraLink"), Aziyo Biologics, Inc. (together with any successor, whether by merger, consolidation, share exchange, other business combination or sale of all or substantially all of the assets (any such transaction, a "Business Combination Transaction") of Aziyo Biologics, Inc. ("Aziyo"), Highcape Partners QP, L.P. ("QP"), Highcape Partners, L.P. ("Highcape") and Highcape Co-Investment Vehicle I, LLC (''Vehicle," and together with QP and Highcape collectively, the "Highcape Entities,'' and each a "Highcape Entity''). Each of KeraLink, Aziyo, and the Highcape Entities is referred to herein as a "Party," and together as the ''Parties."
DISTRIBUTION AGREEMENTDistribution Agreement • August 14th, 2023 • Aziyo Biologics, Inc. • Biological products, (no disgnostic substances) • New York
This DISTRIBUTION AGREEMENT is entered into as of April 20, 2023 (the "Effective Date") by and between Aziyo Biologics, Inc., a Delaware corporation having a principal place of business at 12510 Prosperity Drive, Suite 370, Silver Spring, Maryland 20904 (“Supplier”), and LeMaitre Vascular, Inc., a Delaware corporation having a principal place of business at 63 Second Avenue, Burlington, Massachusetts 01803 (“Distributor”).
TRANSITION TISSUE PROCESSING, SUPPLY AND DISTRIBUTION AGREEMENTTransition Tissue Processing, Supply and Distribution Agreement • November 15th, 2023 • Elutia Inc. • Biological products, (no disgnostic substances) • Delaware
THIS TRANSITION TISSUE PROCESSING, SUPPLY AND DISTRIBUTION AGREEMENT (this “Agreement”) is made and entered into effective as of November 8, 2023 (the “Effective Date”), by and between Berkeley Biologics LLC, a Delaware limited liability company with offices at 2800 7th Street, Berkeley, CA 94710 (“Purchaser”), and Elutia Inc., a Delaware corporation with offices at 12510 Prosperity Drive, Suite 370, Silver Spring, MD 20904 (“Elutia”).
Aziyo Biologics, Inc. Indemnification AgreementIndemnification Agreement • September 30th, 2020 • Aziyo Biologics, Inc. • Biological products, (no disgnostic substances) • Delaware
THIS INDEMNIFICATION AGREEMENT (the “Agreement”) is made and entered into as of ______________, 20[20] between Aziyo Biologics, Inc., a Delaware corporation (the “Company”), and [Name] (“Indemnitee”).
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH (I) NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. SUCH EXCLUDED INFORMATION HAS BEEN MARKED WITH “[***]”. ASSET PURCHASE AGREEMENT by...Asset Purchase Agreement • September 19th, 2023 • Elutia Inc. • Biological products, (no disgnostic substances) • Delaware
This ASSET PURCHASE AGREEMENT, dated as of September 17, 2023 (this “Agreement”), is by and among Elutia Inc., a Delaware corporation (“Seller”), and Berkeley Biologics LLC, a Delaware limited liability company (“Purchaser”) (each of Seller and Purchaser, a “Party”, and collectively, the “Parties”), and solely for purposes of Section 11.18, GNI Group Ltd., a Japanese corporation (“Guarantor”).
Aziyo Biologics, Inc. 12510 Prosperity Drive, Suite 370 Silver Spring, MD 20904 March 22, 2023Termination Agreement • March 23rd, 2023 • Aziyo Biologics, Inc. • Biological products, (no disgnostic substances)
This letter agreement (this “Letter Agreement”) sets forth the understanding by and between you and Aziyo Biologics, Inc. (collectively with its affiliates, and any successor(s) thereto, the “Company”), regarding the termination of your employment with the Company. Capitalized terms used but not otherwise defined herein shall have the meanings assigned to such terms in that certain Amended and Restated Employment Agreement by and between the Company and you, dated as of December 23, 2022, (the “Employment Agreement”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • September 21st, 2023 • Elutia Inc. • Biological products, (no disgnostic substances) • New York
This SECURITIES PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of September 18, 2023 by and among Elutia Inc., a Delaware corporation (the “Company”), and the Investors identified on Exhibit A attached hereto (each an “Investor” and collectively the “Investors”).
AZIYO BIOLOGICS, INC. 2020 INCENTIVE AWARD PLAN RESTRICTED STOCK UNIT AWARD GRANT NOTICE AND RESTRICTED STOCK UNIT AGREEMENTRestricted Stock Unit Agreement • March 23rd, 2023 • Aziyo Biologics, Inc. • Biological products, (no disgnostic substances)
Aziyo Biologics, Inc., a Delaware corporation (the “Company”), pursuant to its 2020 Incentive Award Plan, as amended from time to time (the “Plan”), in connection with its initial public offering, hereby grants to the holder listed below (“Participant”) the number of Restricted Stock Units set forth below (the “RSUs”). The RSUs are subject to the terms and conditions set forth in this Restricted Stock Unit Grant Notice (the “Grant Notice”), the Restricted Stock Unit Agreement attached hereto as Exhibit A (the “Agreement”) and the Plan, each of which is incorporated herein by reference. Unless otherwise defined herein, the terms defined in the Plan shall have the same defined meanings in the Grant Notice and the Agreement.
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • May 12th, 2023 • Aziyo Biologics, Inc. • Biological products, (no disgnostic substances)
THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of May [__], 2023, is entered into by and among AZIYO BIOLOGICS, INC., a Delaware corporation (“Borrower”), each of the undersigned financial institutions (individually each a “Lender” and collectively “Lenders”) and SWK FUNDING LLC, a Delaware limited liability company, in its capacity as administrative agent for the other Lenders (in such capacity, “Agent”).
