EXCHANGE AGREEMENTExchange Agreement • July 12th, 2002 • China Global Development Inc • Electromedical & electrotherapeutic apparatus • Nevada
Exhibit 10.1 LOAN AND SECURITY AGREEMENT ZYNEX MEDICAL, INC. AND ZYNEX MEDICAL HOLDINGS, INC. TABLE OF CONTENTS 1 ACCOUNTING AND OTHER TERMS......................................4 -------------------------- 2 LOAN AND TERMS OF...Loan and Security Agreement • October 7th, 2005 • Zynex Medical Holdings Inc • Electromedical & electrotherapeutic apparatus
ZYNEX, INC. AND U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of May 9, 2023 5.00% Convertible Senior Notes due 2026Indenture • May 9th, 2023 • Zynex Inc • Electromedical & electrotherapeutic apparatus • New York
INDENTURE dated as of May 9, 2023 between ZYNEX, INC., a Nevada corporation, as issuer (the “Company,” as more fully set forth in Section 1.01) and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee,” as more fully set forth in Section 1.01).
EXHIBIT 4.1 SUBSCRIPTION AGREEMENT THIS SUBSCRIPTION AGREEMENT (this "Agreement"), dated as of June 4, 2004, by and among Zynex Medical Holdings, Inc., a Nevada corporation (the "Company"), and the subscribers identified on the signature page hereto...Subscription Agreement • July 6th, 2004 • Zynex Medical Holdings Inc • Electromedical & electrotherapeutic apparatus • New York
EXHIBIT 4.4 THIS WARRANT AND THE COMMON SHARES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. THIS WARRANT AND THE COMMON SHARES ISSUABLE UPON EXERCISE OF THIS WARRANT MAY NOT BE SOLD,...Warrant Agreement • July 6th, 2004 • Zynex Medical Holdings Inc • Electromedical & electrotherapeutic apparatus • New York
Exhibit 10.3 AMENDMENT TO EMPLOYMENT AGREEMENT DATED FEBRUARY 1, 2004 BETWEEN ZYNEX MEDICAL, INC. AND THOMAS SANDGAARD Section (4) of the agreement is hereby amended as follows: 4. Compensation. Commencing January 1, 2005 and continuing through the...Employment Agreement • April 15th, 2005 • Zynex Medical Holdings Inc • Electromedical & electrotherapeutic apparatus
Exhibit 10.2 THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE (Y)ACT"), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT...Warrant Agreement • October 7th, 2005 • Zynex Medical Holdings Inc • Electromedical & electrotherapeutic apparatus • California
ZYNEX, INC. EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • October 29th, 2019 • Zynex Inc • Electromedical & electrotherapeutic apparatus • New York
As further set forth in this agreement (this “Agreement”), Zynex, Inc., a company organized under the laws of the State of Nevada (the “Company”), proposes to issue and sell from time to time through Piper Jaffray & Co. (the “Agent”), as sales agent, the Company’s common stock, par value $0.001 per share (the “Common Stock”), having an aggregate offering price of up to $50,000,000 (such shares of Common Stock to be sold pursuant to this Agreement, the “Shares”), on terms set forth herein. Notwithstanding anything to the contrary contained herein, the parties hereto agree that compliance with the limitation set forth in Section 2 of this Agreement on the number of shares of Shares issued and sold under this Agreement shall be the sole responsibility of the Company, and the Agent shall have no obligation in connection with such compliance.
ARTICLE IFunds Escrow Agreement • July 6th, 2004 • Zynex Medical Holdings Inc • Electromedical & electrotherapeutic apparatus • New York
EXHIBIT 4.2 THIS WARRANT AND THE COMMON SHARES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. THIS WARRANT AND THE COMMON SHARES ISSUABLE UPON EXERCISE OF THIS WARRANT MAY NOT BE SOLD,...Warrant Agreement • July 6th, 2004 • Zynex Medical Holdings Inc • Electromedical & electrotherapeutic apparatus • New York
EXHIBIT 10.2 EMPLOYMENT AGREEMENT -------------------- EMPLOYMENT AGREEMENT (the "Agreement"), dated as of the 1st day of February, 2004, between Zynex Medical, Inc., 8100 SouthPark Way A9, Littleton, CO 80120 (the "Employer") and Thomas Sandgaard,...Employment Agreement • July 6th, 2004 • Zynex Medical Holdings Inc • Electromedical & electrotherapeutic apparatus • Colorado
EMPLOYMENT AGREEMENTEmployment Agreement • January 28th, 2021 • Zynex Inc • Electromedical & electrotherapeutic apparatus • Colorado
This Employment Agreement (this “Agreement”) is entered into effective January 27, 2021 (the “Effective Date”), by Anna Lucsok (“Executive”) and Zynex Medical (the “Company”).
Exhibit 10.4 MULTI-TENANT LEASE This lease is made as of the 28th day of January 2004, by and between First Industrial, L.P., a Delaware limited partnership ("Landlord) and Zynex Medical, Inc., a Colorado corporation, ("Tenant"). 1. Basic Provisions:...Multi-Tenant Lease • April 15th, 2005 • Zynex Medical Holdings Inc • Electromedical & electrotherapeutic apparatus • Colorado
loan AGREEMENTLoan Agreement • December 30th, 2021 • Zynex Inc • Electromedical & electrotherapeutic apparatus • New York
This Agreement dated as of December 22, 2021 is among Bank of America, N.A. (the "Bank") and Zynex Medical, Inc. and Zynex Monitoring Solutions, Inc. (collectively, jointly and severally, the "Borrower").
ARTICLE II Representations and Warranties of ShareholderAcquisition Agreement • February 20th, 2004 • Zynex Medical Holdings Inc • Electromedical & electrotherapeutic apparatus • Nevada
UNCONDITIONAL GUARANTY ---------------------- This continuing Unconditional Guaranty ("Guaranty") is entered into as of September 29, 2005, by Thomas Sandgaard ("Guarantor"), in favor of Silicon Valley Bank ("Bank").Unconditional Guaranty • October 7th, 2005 • Zynex Medical Holdings Inc • Electromedical & electrotherapeutic apparatus • Colorado
AMENDMENT NO. 2 TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 15th, 2009 • Zynex Inc • Electromedical & electrotherapeutic apparatus
This Amendment No. 2 to Loan and Security Agreement (“Amendment No. 2”) is executed by and between Marquette Business Credit, Inc., d/b/a/ Marquette Healthcare Finance, Standard Insurance Center, 900 SW Fifth Avenue, Suite 1920, Portland, Oregon 97204, (“Lender”) and Zynex, Inc. and Zynex Medical, Inc., f/d/b/a Stroke Recovery Systems, 8022 Southpark Circle, Suite 100, Littleton, Colorado 80120 (collectively, “Borrower”), as of April 8, 2009, regardless of the date of signing. Lender and Borrower wish to amend certain terms in the Loan and Security Agreement dated September 22, 2008 and Amendment No. 1 to Loan and Security Agreement dated December 1, 2008 as follows (the Loan and Security Agreement and Amendment No. 1 are referred to herein collectively as the “Agreement”):
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • September 24th, 2008 • Zynex Inc • Electromedical & electrotherapeutic apparatus • Oregon
This Loan and Security Agreement (this “Agreement”) is executed by and between Marquette Business Credit, Inc., d/b/a/ Marquette Healthcare Finance, Standard Insurance Center, 900 SW Fifth Avenue, Suite 1920, Portland, Oregon 97204, (“Lender”) and Zynex, Inc. and Zynex Medical, Inc., f/d/b/a Stroke Recovery Systems, 8022 Southpark Circle, Suite 100, Littleton, Colorado 80120 (collectively, “Borrower”), as of September 22, 2008. Lender and Borrower hereby agree as follows:
AMENDMENT NO. 9 TO FORBEARANCE AGREEMENTForbearance Agreement • April 17th, 2017 • Zynex Inc • Electromedical & electrotherapeutic apparatus
This Amendment No. 9 to Forbearance Agreement (“Amendment”) dated effective March __31__, 2017 is by and between ZYNEX, INC., a Nevada corporation, ZYNEX MEDICAL, INC., a Colorado corporation, ZYNEX NEURODIAGNOSTICS, INC., a Colorado corporation, ZYNEX MONITORING SOLUTIONS, INC., a Colorado corporation, ZYNEX BILLING AND CONSULTING, LLC, a Colorado limited liability company, and PHARMAZY, INC., a Colorado corporation (collectively, and jointly and severally, “Borrower”), and TBK BANK, SSB (“Lender”).
PROMISSORY NOTE – REVOLVING LOANPromissory Note • September 24th, 2008 • Zynex Inc • Electromedical & electrotherapeutic apparatus
This Promissory Note – Revolving Loan (the “Note”) is executed and delivered by Borrower pursuant to the Loan Agreement. This Note evidences all advances made by Lender to Borrower under the Loan Agreement and this Note is subject to the terms and provisions of the Loan Agreement. All capitalized terms used herein, unless otherwise defined herein, shall have the same definitions herein as are assigned to such terms in the Loan Agreement. Lender’s records shall be conclusive proof of loans, payments, and interest accruals hereunder, absent proof of error by Borrower.
Re: Loan and Security AgreementLoan and Security Agreement • April 15th, 2009 • Zynex Inc • Electromedical & electrotherapeutic apparatus
Marquette Healthcare Finance (“Marquette”) is providing written notice to Zynex, Inc., and Zynex Medical, Inc. (“Zynex”) of default under the Loan and Security Agreement entered into between Zynex and Marquette on September 23, 2008.
SEPARATION AGREEMENT AND RELEASESeparation Agreement • August 24th, 2010 • Zynex Inc • Electromedical & electrotherapeutic apparatus • Colorado
THIS SEPARATION AGREEMENT AND RELEASE (“Agreement”), is by and between Zynex Medical, Inc. and Zynex, Inc. (hereinafter referred to as “Employer”) and Fritz G. Allison (hereinafter referred to as “Employee”).
FORBEARANCE AGREEMENTForbearance Agreement • December 24th, 2014 • Zynex Inc • Electromedical & electrotherapeutic apparatus • Oregon
THIS FORBEARANCE AGREEMENT (the “Agreement”) is made effective as of the 17th day of December, 2014 (the “Effective Date”), by and between ZYNEX, INC., a Nevada corporation, ZYNEX MEDICAL, INC., a Colorado corporation, ZYNEX NEURODIAGNOSTICS, INC., a Colorado corporation, ZYNEX MONITORING SOLUTIONS, INC., a Colorado corporation, and ZYNEX BILLING AND CONSULTING, LLC, a Colorado limited liability company (collectively, and jointly and severally, “Borrower”), and TRIUMPH COMMUNITY BANK, N.A., dba Triumph Healthcare Finance (“Lender”).
2,500,000 Shares1 ZYNEX, INC. Common Stock, par value $0.001 per share UNDERWRITING AGREEMENTUnderwriting Agreement • July 17th, 2020 • Zynex Inc • Electromedical & electrotherapeutic apparatus • New York
Zynex, Inc., a Nevada corporation (the “Company”), and the stockholders of the Company listed in Schedule I hereto (the “Selling Stockholders”) severally propose to sell to the several Underwriters named in Schedule II hereto (the “Underwriters”) an aggregate of 2,500,000 shares (the “Firm Shares”) of common stock, par value $0.001 per share (the “Common Stock”), of the Company. The Firm Shares consist of 1,250,000 authorized but unissued shares of Common Stock to be issued and sold by the Company and 1,250,000 outstanding shares of Common Stock to be sold by the Selling Stockholders. The Company and certain of the Selling Stockholders have also granted to the several Underwriters an option to purchase up to 187,500 and 187,500 additional shares of Common Stock, respectively, 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 collecti
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • August 14th, 2009 • Zynex Inc • Electromedical & electrotherapeutic apparatus
This Amendment (“Amendment”) is made among Zynex Medical, Inc., a Colorado corporation and Zynex, Inc., a Nevada corporation (collectively, “Employer”), and Thomas Sandgaard (the “Employee”), to amend certain provisions of the Employment Agreement (the “Agreement”), dated February 1, 2004, between Employee and Zynex Medical, Inc., as such Agreement was amended by the amendment dated January 1, 2005.
PARK MEADOWS CORPORATE CENTER III AND IV OFFICE LEASE BETWEEN PUBLIC SERVICE CREDIT UNION (LANDLORD) AND ZYNEX MEDICAL, INC. (TENANT)Lease Agreement • November 7th, 2014 • Zynex Inc • Electromedical & electrotherapeutic apparatus • Colorado
THIS LEASE (Lease) is made this 31st day of October, 2014, by and between PUBLIC SERVICE CREDIT UNION, a Colorado nonprofit corporation (“Landlord”) and ZYNEX MEDICAL, INC., a Colorado corporation (“Tenant”).
ABSOLUTE UNCONDITIONAL LEASE GUARANTYLease Guaranty • November 13th, 2009 • Zynex Inc • Electromedical & electrotherapeutic apparatus • Colorado
As a special inducement to Spiral Lone Tree, LLC, as Colorado limited liability company, as Landlord, to enter into that certain “Premises Lease, Park Meadow Corporate Center IV, 9990 Park Meadows Drive, Lone Tree, CO 80124 dated November 12, 2009, (the “Lease") with Zynex Medical, Inc., a Colorado corporation as Tenant, concerning Premises located at 9990 Park Meadows Drive, Lone Tree, CO 80124, and in consideration of Guarantor’s interest in the Lease, the undersigned Guarantor, Zynex, Inc., a Nevada corporation duly authorized to conduct business in Colorado “Guarantor”), whose address is 8022 Southpark Circle, Suite 100, Littleton, CO 80120, and whose telephone number and email address are (303) 793-4906, and tsandgaard@zynexmed.com does hereby absolutely, unconditionally and irrevocably covenant and agree with Landlord as follows:
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • May 17th, 2010 • Zynex Inc • Electromedical & electrotherapeutic apparatus
This Amendment (“Amendment”) is made among Zynex Medical, Inc., a Colorado corporation and Zynex, Inc., a Nevada corporation (collectively, “Employer”), and Thomas Sandgaard (the “Employee”), to amend certain provisions of the Employment Agreement (the “Agreement”), dated February 1, 2004, between Employee and Zynex Medical, Inc., as such Agreement was amended by the amendments dated January 1, 2005 and July 1, 2009.
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 20th, 2011 • Zynex Inc • Electromedical & electrotherapeutic apparatus • Oregon
This Loan and Security Agreement (this “Agreement”) is executed by and between Doral Healthcare Finance, 10300 SW Greenburg Rd., Ste 465, Portland, OR 97223, a division of Doral Money, Inc., a Delaware corporation (“Lender”), and Zynex Medical, Inc., Zynex, Inc., Zynex NeuroDiagnostics, Inc., and Zynex Monitoring Solutions Inc. (collectively, and jointly and severally, “Borrower”), effective as of December 19, 2011. Lender and Borrower hereby agree as follows:
Zynex, Inc. STOCK OPTION LETTER AGREEMENTStock Option Agreement • September 6th, 2017 • Zynex Inc • Electromedical & electrotherapeutic apparatus
We are pleased to inform you that you have been selected by the Company to receive an incentive stock option (the "Option") of the Company's common stock under the Company's 2017 Stock Incentive Plan (the "Plan").
ContractWarrant Agreement • October 24th, 2006 • Zynex Medical Holdings Inc • Electromedical & electrotherapeutic apparatus • California
THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE HEREOF HAVE BEEN ACQUIRED FOR INVESTMENT AND HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR ANY STATE SECURITIES LAW. THIS WARRANT AND SUCH SECURITIES MAY NOT BE OFFERED, SOLD OR OTHERWISE PLEDGED, TRANSFERRED OR HYPOTHECATED IN THE ABSENCE OF SUCH REGISTRATION OR DELIVERY OF AN OPINION OF COUNSEL IN FORM AND SUBSTANCE REASONABLY SATISFACTORY TO THE COMPANY THAT SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS IN COMPLIANCE WITH THE ACT OR UNLESS SOLD IN FULL COMPLIANCE WITH RULE 144 UNDER THE ACT.
BUSINESS ASSOCIATE AGREEMENTBusiness Associate Agreement • September 24th, 2008 • Zynex Inc • Electromedical & electrotherapeutic apparatus • Oregon
This Business Associate Agreement (“Agreement”) is entered into this 22nd day of September, 2008, among Marquette Business Credit, Inc., d/b/a Marquette Healthcare Finance, Standard Insurance Center, 900 SW Fifth Avenue, Suite 1920, Portland, Oregon 97204 (“Marquette”), Zynex, Inc., and Zynex Medical, Inc. f/d/b/a Stroke Recovery Systems, 8002 Southpark Circle, Suite 100, Littleton, Colorado 80120 (collectively, “Provider”).
THIRD AMENDMENT TO SUBLEASESublease • March 12th, 2019 • Zynex Inc • Electromedical & electrotherapeutic apparatus • Colorado
This THIRD AMENDMENT TO SUBLEASE (this "Amendment") is entered into and made effective as of the 11th day of March, 2019 ("Amendment Date"), by and between CSG SYSTEMS, INC., a Delaware corporation (“Sublandlord”), and ZYNEX, INC., a Nevada corporation (“Subtenant”).
LEASE AGREEMENT between GIG CW COMPARK, LLC (“Landlord”) and ZYNEX, INC. (“Tenant”)Lease Agreement • October 6th, 2020 • Zynex Inc • Electromedical & electrotherapeutic apparatus
THIS LEASE AGREEMENT (the “Lease”), made and entered into by and between GIG CW COMPARK, LLC, a Colorado limited liability company (“Landlord”) and ZYNEX, INC., a Nevada corporation (“Tenant”).
SUBLEASE AGREEMENTSublease Agreement • April 9th, 2021 • Zynex Inc • Electromedical & electrotherapeutic apparatus
This Sublease Agreement (“Sublease”) is dated April 8, 2021, and is between COGNIZANT TRIZETTO SOFTWARE GROUP, INC., a Delaware corporation (“Sublandlord”), and ZYNEX, INC., a Nevada corporation (“Subtenant”).
