Zynex Inc Sample Contracts

EXCHANGE AGREEMENT
Exchange Agreement • July 12th, 2002 • China Global Development Inc • Electromedical & electrotherapeutic apparatus • Nevada
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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 2026
Indenture • 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).

ZYNEX, INC. EQUITY DISTRIBUTION AGREEMENT
Equity 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 I
Funds Escrow Agreement • July 6th, 2004 • Zynex Medical Holdings Inc • Electromedical & electrotherapeutic apparatus • New York
EMPLOYMENT AGREEMENT
Employment 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”).

ARTICLE II Representations and Warranties of Shareholder
Acquisition Agreement • February 20th, 2004 • Zynex Medical Holdings Inc • Electromedical & electrotherapeutic apparatus • Nevada
loan AGREEMENT
Loan 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").

2,500,000 Shares1 ZYNEX, INC. Common Stock, par value $0.001 per share UNDERWRITING AGREEMENT
Underwriting 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 NO. 2 TO LOAN AND SECURITY AGREEMENT
Loan 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 AGREEMENT
Loan 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 AGREEMENT
Forbearance 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 LOAN
Zynex Inc • September 24th, 2008 • 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 Agreement
Zynex Inc • April 15th, 2009 • 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 RELEASE
Separation Agreement and Release • 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”).

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FORBEARANCE AGREEMENT
Forbearance 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”).

AMENDMENT TO EMPLOYMENT AGREEMENT
Employment 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)
Zynex Inc • November 7th, 2014 • 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 GUARANTY
Unconditional Lease 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 AGREEMENT
Employment 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 AGREEMENT
Loan 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 AGREEMENT
Stock Option Letter 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").

Contract
Zynex Medical Holdings Inc • October 24th, 2006 • 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 AGREEMENT
Business 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 SUBLEASE
Zynex Inc • March 12th, 2019 • 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 AGREEMENT
Sublease 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”).

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