REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 17th, 2015 • Bovie Medical Corp • Surgical & medical instruments & apparatus • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of March 17, 2015, between Bovie Medical Corporation, a Delaware corporation (the “Company”), and each of the several purchasers signatory hereto (each such purchaser, a “Purchaser” and, collectively, the “Purchasers”).
PRE-FUNDED COMMON STOCK PURCHASE WARRANT APYX MEDICAL CORPORATIONPre-Funded Common Stock Purchase Warrant • November 8th, 2024 • Apyx Medical Corp • Surgical & medical instruments & apparatus
THIS PRE-FUNDED 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 set forth above (the “Initial Exercise Date”) and until this Warrant is exercised in full (the “Termination Date”) but not thereafter, to subscribe for and purchase from Apyx Medical Corporation, a Delaware corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of the Company’s 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).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • April 20th, 2010 • Bovie Medical Corp • Surgical & medical instruments & apparatus • New York
This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of April 18, 2010, is by and among Bovie Medical Corporation, a Delaware corporation with headquarters located at 734 Walt Whitman Road, Melville, New York 11747 (the “Company”), and the investors listed on the Schedule of Buyers attached hereto (individually, a “Buyer” and collectively, the “Buyers”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • April 20th, 2010 • Bovie Medical Corp • Surgical & medical instruments & apparatus • New York
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of April [___], 2010, is by and among Bovie Medical Corporation, a Delaware corporation with headquarters located at 734 Walt Whitman Road, Melville, New York 11747 (the “Company”), and the undersigned buyers (each, a “Buyer,” and collectively, the “Buyers”).
4,800,000 SHARES OF COMMON STOCK OF BOVIE MEDICAL CORPORATION UNDERWRITING AGREEMENTUnderwriting Agreement • March 12th, 2015 • Bovie Medical Corp • Surgical & medical instruments & apparatus • New York
The undersigned, BOVIE MEDICAL CORPORATION, a company incorporated under the laws of the State of Delaware (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement as being subsidiaries or affiliates of Bovie Medical Corporation, the “Company”), hereby confirms its agreement (this “Agreement”) with the several underwriters (such underwriters, including the Representative (as defined below), the “Underwriters” and each an “Underwriter”) named in Schedule I hereto for which Craig-Hallum Capital Group LLC is acting as representative to the several Underwriters (the “Representative” and if there are no Underwriters other than the Representative, references to multiple Underwriters shall be disregarded and the term Representative as used herein shall have the same meaning as Underwriter) on the terms and conditions set forth herein.
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • December 16th, 2013 • Bovie Medical Corp • Surgical & medical instruments & apparatus • Delaware
This Securities Purchase Agreement (this “Agreement”) is dated as of December [__], 2013, between Bovie Medical Corporation, 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”).
APYX MEDICAL CORPORATION EQUITY DISTRIBUTION AGREEMENT November 22, 2022 PIPER SANDLER & CO. U.S. Bancorp Center 800 Nicollet Mall Minneapolis, Minnesota 55402 Ladies and Gentlemen: As further set forth in this agreement (this “Agreement”), Apyx...Equity Distribution Agreement • November 22nd, 2022 • Apyx Medical Corp • Surgical & medical instruments & apparatus
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • November 8th, 2024 • Apyx Medical Corp • Surgical & medical instruments & apparatus • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of November 7, 2024, between Apyx Medical Corporation, 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”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 11th, 2015 • Bovie Medical Corp • Surgical & medical instruments & apparatus • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of March __, 2015, between Bovie Medical Corporation, a Delaware corporation (the “Company”), and each of the several purchasers signatory hereto (each such purchaser, a “Purchaser” and, collectively, the “Purchasers”).
CREDIT AGREEMENT AND GUARANTY dated as of November 8, 2023 between APYX MEDICAL CORPORATION as the Borrower, THE SUBSIDIARY GUARANTORS FROM TIME TO TIME PARTY HERETO, as the Subsidiary Guarantors, THE LENDERS FROM TIME TO TIME PARTY HERETO, as the...Credit Agreement • November 9th, 2023 • Apyx Medical Corp • Surgical & medical instruments & apparatus • New York
Credit Agreement and Guaranty, dated as of November 8, 2023 (this “Agreement”), among Apyx Medical Corporation, a Delaware corporation (the “Borrower”), the Subsidiary Guarantors from time to time parties hereto, Perceptive Credit Holdings IV, LP, a Delaware limited partnership (the “Initial Lender”), and each other lender that may from time to time become a party hereto (each, including the Initial Lender, together with their permitted successors and assigns, a “Lender” and collectively, the “Lenders”), and Perceptive Credit Holdings IV, LP, a Delaware limited partnership, as administrative agent for the Lenders (in such capacity, together with its successors and assigns, the “Administrative Agent”).
BOVIE MEDICAL CORPORATION COMMON STOCK PURCHASE WARRANTCommon Stock Purchase Warrant • December 16th, 2013 • Bovie Medical Corp • 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 from or after the date that is the six (6) month anniversary of the date hereof (the “Initial Exercise Date”) and on or prior to the close of business on the sixty-six (66) month anniversary of the date hereof (the “Termination Date”) but not thereafter, to subscribe for and purchase from Bovie Medical Corporation, 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).
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • October 19th, 2015 • BOVIE MEDICAL Corp • Surgical & medical instruments & apparatus • New York
THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the “Agreement”), executed as the date set forth on the signature pages hereto and made effective as of October 1, 2015 (the “Effective Date”), by and between Bovie Medical Corporation, a corporation organized and existing under the laws of the State of Delaware (the “Company”) and Jay D. Ewers (the “Executive”).
EMPLOYMENT AGREEMENTEmployment Agreement • December 16th, 2013 • Bovie Medical Corp • Surgical & medical instruments & apparatus • New York
THIS AGREEMENT (the “Agreement”), effective as of December 13, 2013 (the “Effective Date”), by and between Bovie Medical Corporation, a corporation organized and existing under the laws of the State of Delaware (hereinafter referred to as the “Company") and Moshe Citronowicz (hereinafter referred to as the “Executive").
EMPLOYMENT AGREEMENTEmployment Agreement • March 20th, 2013 • Bovie Medical Corp • Surgical & medical instruments & apparatus • Florida
THIS AGREEMENT, effective as of the 14th day of March, 2013 (the “Effective Date”), by and between Bovie Medical Corporation, a corporation, organized and existing under the laws of the State of Delaware, or any successor entity thereof (hereinafter referred to as the “Company") and Andrew Makrides (hereinafter referred to as the “Executive").
EMPLOYMENT AGREEMENTEmployment Agreement • November 28th, 2023 • Apyx Medical Corp • Surgical & medical instruments & apparatus • Florida
THIS EMPLOYMENT AGREEMENT, effective as of December 4, 2023 (the “Effective Date”), is hereby entered into by and between Apyx Medical Corporation, a corporation organized and existing under the laws of the State of Delaware (the “Company”) and Matthew Hill (the “Executive”).
ASSET PURCHASE AGREEMENT between SPECIALTY SURGICAL INSTRUMENTATION INC., as the Buyer and BOVIE MEDICAL CORPORATION, as the Seller Dated as of July 9, 2018Asset Purchase Agreement • July 27th, 2018 • BOVIE MEDICAL Corp • Surgical & medical instruments & apparatus • Delaware
ASSET PURCHASE AGREEMENT, dated as of July 9, 2018 (this “Agreement”), between Specialty Surgical Instrumentation Inc., a Tennessee corporation (the “Buyer”), and Bovie Medical Corporation, a Delaware corporation (the “Seller”).
EMPLOYMENT AGREEMENTEmployment Agreement • July 15th, 2005 • Bovie Medical Corp • Surgical & medical instruments & apparatus • Florida
MANUFACTURING AND DEVELOPMENT AGREEMENTManufacturing Agreement • August 8th, 2005 • Bovie Medical Corp • Surgical & medical instruments & apparatus • Florida
This Manufacturing and Development Agreement (the "Agreement") is entered into as of the _____ day of June, 2002, by and between BOVIE MEDICAL CORPORATION, a Delaware corporation with its principal place of business at 7100 30th Avenue North, St. Petersburg, FL 33710-2902 ("Bovie"), and ARTHREX, INC., a Delaware corporation having its principal place of business at 2885 South Horseshoe Drive, Naples, FL 34104 ("Arthrex").
ContractWarrant Agreement • February 24th, 2023 • Apyx Medical Corp • Surgical & medical instruments & apparatus • 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.
Corporation DISTRIBUTION AGREEMENTDistribution Agreement • November 9th, 2009 • Bovie Medical Corp • Surgical & medical instruments & apparatus • New York
This Distribution Agreement ("Agreement") is made as of October 6, 2006 ("Effective Date") by and between Boston Scientific Corporation, One Boston Scientific Place, Natick, MA 01760 ("Buyer"), and Bovie Medical Corporation, 7100 30th Avenue-North, St. Petersburg, FL 33710 ("Seller") for the purpose of purchase, sale and delivery of Products (as defined in Section 1.1) in accordance with this Agreement. Buyer and Seller are herein referred to collectively as “Parties” and individually as a “Party.”
VOTING AGREEMENTVoting Agreement • December 16th, 2013 • Bovie Medical Corp • Surgical & medical instruments & apparatus • Delaware
This VOTING AGREEMENT (this “Agreement”), dated as of December 13, 2013, is between Bovie Medical Corporation, Inc., a Delaware corporation (the “Company”), and the person executing this agreement as “Stockholder” on the signature page below (the “Stockholder”).
CREDIT, SECURITY AND GUARANTY AGREEMENT dated as of February 17, 2023 by and among APYX MEDICAL CORPORATION, as Borrower and any additional borrower that hereafter becomes party hereto, each as Borrower, and collectively as Borrowers, and APYX CHINA...Credit, Security and Guaranty Agreement • February 24th, 2023 • Apyx Medical Corp • Surgical & medical instruments & apparatus • New York
This CREDIT, SECURITY AND GUARANTY AGREEMENT (as the same may be amended, supplemented, restated or otherwise modified from time to time, the “Agreement”) is dated as of February 17, 2023 by and among APYX MEDICAL CORPORATION, a Delaware corporation (“Apyx Medical”) and any additional borrower that may hereafter be added to this Agreement and each of their successors and permitted assigns (together with Apyx Medical , each individually as a “Borrower”, and collectively, the “Borrowers”), APYX CHINA HOLDING CORP., a Delaware corporation (“Apyx China Holding”) and any additional entities that become party hereto as Guarantors and each of their successors and permitted assigns (together with Apyx China Holdings, each individually, a “Guarantor” and collectively, with each of their successors and assigns, the “Guarantors”), MIDCAP FUNDING IV TRUST, as Agent, MIDCAP FINANCIAL TRUST, as Term Loan Servicer, and the financial institutions or other entities from time to time parties hereto, eac
AMENDED EMPLOYMENT AGREEMENTEmployment Agreement • November 30th, 2009 • Bovie Medical Corp • Surgical & medical instruments & apparatus
Agreement entered into as of this 26th day of October 2009, between Moshe Citronowicz (“Employee”) and Bovie Medical Corporation, (“Employer”)
Amended and Restated Decrease Revolving Line of Credit Note (Daily LIBOR) $4,000,000.00 As of March 31, 2013Revolving Line of Credit Note • April 23rd, 2013 • Bovie Medical Corp • Surgical & medical instruments & apparatus
FOR VALUE RECEIVED,BOVIE MEDICAL CORPORATION, a Delaware corporation (the “Borrower”), with an address at 5115 Ulmerton Road, Clearwater, Florida 33760, promises to pay to the order of PNC BANK,NATIONAL ASSOCIATION (the “Bank”), in lawful money of the United States of America in immediately available funds at its offices located at 201 East Pine Street, Suite 200, Orlando, Florida 32801, or at such other location as the Bank may designate from time to time, the principal sum of FOUR MILLION AND NO/100 DOLLARS ($4,000,000.00) (the “Facility”) or such lesser amount as may be advanced to or for the benefit of the Borrower hereunder, together with interest accruing on the outstanding principal balance from the date hereof, all as provided below.
CONFIDENTIAL TREATMENT REQUESTED [***] – CONFIDENTIAL PORTIONS OF THIS AGREEMENT WHICH HAVE BEEN REDACTED ARE MARKED WITH BRACKETS (“[***]”). THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE UNITED STATES SECURITIES AND EXCHANGE COMMISSION....Settlement Agreement • September 19th, 2011 • Bovie Medical Corp • Surgical & medical instruments & apparatus • Delaware
THIS IS AN AGREEMENT between Medtronic, Inc. (“Medtronic”), a Minnesota corporation with its principal place of business at 710 Medtronic Parkway, Minneapolis, Minnesota 55432, Salient Surgical Technologies, Inc. (“Salient”), a Delaware corporation with its principal place of business at 180 International Drive, Portsmouth, New Hampshire 03801, and Bovie Medical Corporation (“Bovie”), a Delaware corporation with its principal place of business at 734 Walt Whitman Road, Melville, New York 11747 (the “Agreement”). Medtronic and Salient are collectively referred to hereinafter as “Plaintiffs”, and Medtronic, Salient, and Bovie are collectively referred to hereinafter as the “Parties”.
MORTGAGE, SECURITY AGREEMENT, FINANCING STATEMENTMortgage, Security Agreement, Financing Statement and Assignment of Rents • March 24th, 2014 • Bovie Medical Corp • Surgical & medical instruments & apparatus • Florida
THIS MORTGAGE, SECURITY AGREEMENT, FINANCING STATEMENT AND ASSIGNMENT OF RENTS (as the same be amended, modified, restated, supplemented, increased or spread at any time or from time to time, the "Mortgage") is executed as of the 20thday of March, 2014, by Bovie Medical Corporation, a Delaware corporation, having an address of 5115 Ulmerton Road, Clearwater, Florida 33760 (whether one or more, the "Mortgagor" and, if more than one, the expression "Mortgagor" shall mean all mortgagors and each of them jointly and severally), to The Bank of Tampa, a Florida banking corporation, having an address of Post Office Box One, Tampa, Florida 33601 (together with any holder or holders of all or any part of the "Secured Indebtedness" [as defined below], the "Mortgagee").
Security Agreement (Bond Swap)Security Agreement • March 29th, 2012 • Bovie Medical Corp • Surgical & medical instruments & apparatus • Florida
THIS SECURITY AGREEMENT (this “Agreement”), dated as of October 31, 2011, is made by BOVIE MEDICAL CORPORATION, a Delaware corporation (the “Grantor”), with an address at 5115 Ulmerton Road, Clearwater, Florida 33760 in favor of PNC BANK, NATIONAL ASSOCIATION (the “Bank”), with an address at 201 East Pine Street, Suite 200, Orlando, Florida 32801.
ORIGINAL EQUIPMENT MANUFACTURER AGREEMENTOriginal Equipment Manufacturer Agreement • November 30th, 2009 • Bovie Medical Corp • Surgical & medical instruments & apparatus • Florida
This Original Equipment Manufacturer Agreement (the "Agreement") is entered into as of the 25TH day of June, 2002, by and between BOVIE MEDICAL CORPORATION, a Delaware corporation with its principal place of business at 7100 30th Avenue North, St. Petersburg, FL 33710-2902 ("Bovie"), and ARTHREX, INC., a Delaware corporation having its principal place of business at 2885 South Horseshoe Drive, Naples, FL 34104 ("Arthrex").
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENTEmployment Agreement • October 19th, 2015 • BOVIE MEDICAL Corp • Surgical & medical instruments & apparatus • New York
This AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT (this “Amendment”) is effective as of October 14, 2015 by and between Bovie Medical Corporation, a Delaware corporation (the “Company”) and Robert L. Gershon (the “Executive”). Each of the Company and the Executive shall be referred to collectively as the “Parties” and individually as a “Party.”
Corporation TERMINATION, PURCHASE AND LICENSE AGREEMENTTermination, Purchase and License Agreement • November 30th, 2009 • Bovie Medical Corp • Surgical & medical instruments & apparatus • New York
This Termination, Purchase and License Agreement ("Agreement") is made as of ____________________, 2008 ("Effective Date"), by and between Boston Scientific Corporation, One Boston Scientific Place, Natick, MA 01760 ("Seller"), and Bovie Medical Corporation, 7100 30th Avenue-North, St. Petersburg, FL 33710 ("Buyer") for the purpose of purchase and sale of certain rights and assets related to the Program (as defined in Section 1.1) and use of the rights and assets in the development, manufacture and sale of the Product (as defined in Section 1.2); assignments and licenses for certain intellectual property of the Parties; and termination of that certain Distribution Agreement between the Parties dated as of October 6, 2006, as amended on August 23, 2007 (the “Distribution Agreement”), all in accordance with this Agreement. Buyer and Seller are herein referred to collectively as “Parties” and individually as a “Party.”
EMPLOYMENT AGREEMENT THIS AGREEMENT, effective as of the 1st day of January, 1998, by and between An-Con Genetics, Inc. a corporation, organized and existing under the laws of the State of Delaware, and Aaron Medical Industries, Inc. organized and...Employment Agreement • August 26th, 1998 • An Con Genetics Inc • Industrial organic chemicals • Florida
EMPLOYMENT AGREEMENTEmployment Agreement • September 18th, 2009 • Bovie Medical Corp • Surgical & medical instruments & apparatus
This Employment Agreement (“Agreement”), effective as of the 18, day of June 2007 (“Effective Date”), is entered into by and between Bovie Medical Corporation, a Delaware corporation, with its principle business address at 7100 30th Avenue N, St. Petersburg, Florida 33710 (hereinafter referred to as “the Company”), and Gary D. Pickett (hereinafter referred to as “the Employee”), and is approved by the Bovie Medical Corporation Board of Directors on the ____ day of __________ 2007.
EQUIPMENT LINE LOAN TERMINATION AGREEMENTEquipment Line Loan Termination Agreement • April 23rd, 2013 • Bovie Medical Corp • Surgical & medical instruments & apparatus
THIS EQUIPMENT LINE LOAN TERMINATION AGREEMENT (the "Termination Agreement") entered into this effective the 31st day of March, 2013, by and between BOVIE MEDICAL CORPORATION ("Borrower") and PNC BANK, NATIONAL ASSOCIATION ("Bank").
FIRST AMENDMENT TO MANUFACTURING & DEVELOPMENT AGREEMENTManufacturing Agreement • September 18th, 2009 • Bovie Medical Corp • Surgical & medical instruments & apparatus
This First Amendment to Manufacturing and Development Agreement (“Amendment”) is made and entered into as of this __ day of July 2007, by and between Arthrex, Inc., a Delaware corporation having its principle place of business at 2885 South Horseshoe Drive, Naples, Florida 34104 (“Arthrex”) and Bovie Medical Corporation, a Delaware corporation having its principle place of business at 7100 30th Avenue N, St. Petersburg, Florida 33710 (“Bovie”). Arthrex and Bovie are each a “Party” and, together, are “Parties.”
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • August 12th, 2015 • BOVIE MEDICAL Corp • Surgical & medical instruments & apparatus
THIS AMENDMENT TO EMPLOYMENT AGREEMENT (the “Amendment”), effective as of August 6, 2015 (the “Effective Date”), is entered into by and between Bovie Medical Corporation, a Delaware corporation (the “Company”), and Jay D. Ewers (the “Executive”).
