Commitment Letter Solsys Medical, LLC & Misonix, Inc. Extension of Term Loan Facility & Approval of Merger AgreementCredit Agreement • July 5th, 2019 • New Misonix, Inc. • Surgical & medical instruments & apparatus • New York
This AMENDED AND RESTATED CREDIT AGREEMENT (as may be amended, restated, supplemented, or otherwise modified from time to time, this “Agreement”) dated as of [ ], 2019 (the “Closing Date”), among SOLUBLE SYSTEMS, LLC, a Virginia limited liability company (“Current Borrower”), [ParentCo], a New York Corporation (“Parent”, and together with Current Borrower, each individually and collectively referred to herein as “Borrower” or “Borrowers” as the context so implies), the financial institutions party hereto from time to time as lenders (each a “Lender” and collectively, the “Lenders”) and SWK FUNDING LLC (in its individual capacity, “SWK”), as Agent for all Lenders.
SUPPORT AGREEMENTSupport Agreement • July 5th, 2019 • New Misonix, Inc. • Surgical & medical instruments & apparatus • Delaware
THIS SUPPORT AGREEMENT, dated as of May 2, 2019 (this “Agreement”), is entered into by and among Misonix, Inc., a New York corporation (“Motor”) and the undersigned signatories set forth on the signature pages hereto under the heading “Supporting Surge Unitholders” (collectively, the “Supporting Surge Unitholders”). Motor and the Supporting Surge Unitholders are each sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
SUPPORT AGREEMENTSupport Agreement • May 29th, 2019 • New Misonix, Inc. • New York
THIS SUPPORT AGREEMENT, dated as of May 2, 2019 (this “Agreement”), is entered into by and among Misonix, Inc., a New York corporation (“Motor”) and the undersigned signatories set forth on the signature pages hereto under the heading “Supporting Motor Shareholders,” in their capacity as shareholders (and not, if applicable, as a director or officer) of Motor (collectively, the “Supporting Motor Shareholders”). Motor and the Supporting Motor Shareholders are each sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
Form of Lock-Up Agreement May 2, 2019New Misonix, Inc. • July 5th, 2019 • Surgical & medical instruments & apparatus • Delaware
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • July 26th, 2019 • New Misonix, Inc. • Surgical & medical instruments & apparatus • New York
This Amended and Restated Employment Agreement (this “Agreement”) is entered into on May 2, 2019 between New Misonix, Inc., a New York corporation (the “Company”), and Allan Staley, an individual residing in the Commonwealth of Virginia (the “Executive”).
