AKSYS, LTD. andRights Agreement • October 31st, 1996 • Aksys LTD • Surgical & medical instruments & apparatus • Delaware
LOAN AGREEMENT THIS LOAN AGREEMENT (this "Agreement"), dated as of June 23, 2006, is made between AKSYS, LTD., a Delaware corporation (the "Company"), and DURUS LIFE SCIENCES MASTER FUND LTD., a Cayman Islands Exempted Company ("Durus"), and any other...Loan Agreement • June 28th, 2006 • Aksys LTD • Electromedical & electrotherapeutic apparatus • New York
Exhibit 10.1 EXECUTION COPY AMENDED AND RESTATED COMMON STOCK PURCHASE AGREEMENT BY AND BETWEEN KINGSBRIDGE CAPITAL LIMITED AND AKSYS, LTD. DATED AS OF JANUARY 22, 2003 TABLE OF CONTENTSCommon Stock Purchase Agreement • February 13th, 2003 • Aksys LTD • Electromedical & electrotherapeutic apparatus • New York
RECITALS:Securities Purchase Agreement • May 15th, 2002 • Aksys LTD • Electromedical & electrotherapeutic apparatus • Delaware
RECITALS:Securities Purchase Agreement • December 21st, 2001 • Aksys LTD • Electromedical & electrotherapeutic apparatus • Illinois
RECITALS:Registration Rights Agreement • December 21st, 2001 • Aksys LTD • Electromedical & electrotherapeutic apparatus • Illinois
ARTICLE 2 INVESTOR'S REPRESENTATIONS AND WARRANTIESSecurities Purchase Agreement • August 21st, 2000 • Aksys LTD • Surgical & medical instruments & apparatus • Delaware
ARTICLE I REGISTRATION RIGHTSRegistration Rights Agreement • October 16th, 2002 • Aksys LTD • Electromedical & electrotherapeutic apparatus • New York
RECITALS:Registration Rights Agreement • August 21st, 2000 • Aksys LTD • Surgical & medical instruments & apparatus • Delaware
Exhibit 10.6 RELEASE AGREEMENT This Release Agreement (this "Agreement") is entered into as of June 23, 2006, by and among AKSYS, LTD., a Delaware corporation (the "Company"), DURUS LIFE SCIENCES MASTER FUND LTD., a Cayman Islands company ("Durus"),...Release Agreement • June 29th, 2006 • Aksys LTD • Electromedical & electrotherapeutic apparatus • Delaware
Exhibit 10.3 SECURITY AGREEMENT THIS SECURITY AGREEMENT (this "Agreement"), dated as of June 23, 2006, is made between AKSYS, LTD., a Delaware corporation ("Debtor"), and the Lenders party (together with any Collateral Agent (as defined below)...Security Agreement • June 29th, 2006 • Aksys LTD • Electromedical & electrotherapeutic apparatus • New York
ARTICLE 2 INVESTOR'S REPRESENTATIONS AND WARRANTIESSecurities Purchase Agreement • April 19th, 2000 • Aksys LTD • Surgical & medical instruments & apparatus • Delaware
WITNESSETH:Stock Purchase Agreement • January 22nd, 2003 • Aksys LTD • Electromedical & electrotherapeutic apparatus • Illinois
WARRANT AGREEMENTWarrant Agreement • June 28th, 2006 • Aksys LTD • Electromedical & electrotherapeutic apparatus • New York
1) Supply Obligations. During the Term, (a) Peak shall manufacture the ------------------ Products in accordance with the terms and conditions set forth in this Agreement and the Specifications, and (b) Peak shall manufacture all of Aksys's...Contract Manufacturing Agreement • April 1st, 2002 • Aksys LTD • Electromedical & electrotherapeutic apparatus • Colorado
AKSYS, LTD.Investor Rights Agreement • June 29th, 2006 • Aksys LTD • Electromedical & electrotherapeutic apparatus • New York
RECITALS:Registration Rights Agreement • May 15th, 2002 • Aksys LTD • Electromedical & electrotherapeutic apparatus • Delaware
RECITALSDevelopment and Licensing Agreement • February 13th, 2003 • Aksys LTD • Electromedical & electrotherapeutic apparatus • Illinois
Exhibit 10.7 EXECUTIVE EMPLOYMENT AGREEMENT This Executive Employment Agreement (the "Agreement") is entered into as of June 23, 2006 (the "Effective Date) by and between Aksys, Ltd., a Delaware corporation (the "Company"), and Howard J. Lewin...Executive Employment Agreement • June 29th, 2006 • Aksys LTD • Electromedical & electrotherapeutic apparatus • Illinois
ARTICLE I REGISTRATION RIGHTSRegistration Rights Agreement • January 22nd, 2003 • Aksys LTD • Electromedical & electrotherapeutic apparatus • New York
INDEMNIFICATION AGREEMENTIndemnification Agreement • August 21st, 2006 • Aksys LTD • Electromedical & electrotherapeutic apparatus • Delaware
This Agreement, dated as of June 23, 2006, is made by and between Aksys, Ltd., a Delaware corporation (the “Company”), and Howard J. Lewin (the “Indemnitee”) who is currently serving as a director and/or officer of the Company.
LEASELease • March 30th, 1998 • Aksys LTD • Surgical & medical instruments & apparatus
SETTLEMENT AGREEMENT AND MUTUAL RELEASE This SETTLEMENT AGREEMENT AND MUTUAL RELEASE (the "AGREEMENT") is entered into by and among AKSYS, LTD., a Delaware corporation ("AKSYS"); DURUS LIFE SCIENCES MASTER FUND LTD., a Cayman Islands company (the...Settlement Agreement and Mutual Release • February 26th, 2004 • Aksys LTD • Electromedical & electrotherapeutic apparatus • Delaware
EXHIBIT 10.5 REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • December 21st, 2001 • Aksys LTD • Electromedical & electrotherapeutic apparatus • Illinois
INVESTOR RIGHTS AGREEMENT This Investor Rights Agreement (this "AGREEMENT") is entered into as of June 23, 2006, by and among AKSYS, LTD., a Delaware corporation (the "COMPANY"), DURUS LIFE SCIENCES MASTER FUND LTD., a Cayman Islands company...Investor Rights Agreement • June 28th, 2006 • Aksys LTD • Electromedical & electrotherapeutic apparatus • New York
RECITALSCodevelopment and Licensing Agreement • January 22nd, 2003 • Aksys LTD • Electromedical & electrotherapeutic apparatus • Illinois
RECITALSWarrant Agreement • June 29th, 2006 • Aksys LTD • Electromedical & electrotherapeutic apparatus • New York
AKSYS, LTD.Note Purchase Agreement • February 26th, 2004 • Aksys LTD • Electromedical & electrotherapeutic apparatus • New York
RECITALS:Registration Rights Agreement • April 19th, 2000 • Aksys LTD • Surgical & medical instruments & apparatus • Delaware
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • January 17th, 2006 • Aksys LTD • Electromedical & electrotherapeutic apparatus • Illinois
REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of January 13, 2006, by and between AKSYS, LTD., a Delaware corporation, (the “Company”), and FUSION CAPITAL FUND II, LLC (together with it permitted assigns, the “Buyer”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the Common Stock Purchase Agreement by and between the parties hereto, dated as of the date hereof (as amended, restated, supplemented or otherwise modified from time to time, the “Purchase Agreement”).
GUARANTYGuaranty • April 14th, 2006 • Aksys LTD • Electromedical & electrotherapeutic apparatus • New York
THIS GUARANTY (“Guaranty”), dated as of March 31, 2006, is made by each Guarantor named in the signature pages hereof (“Guarantor”), in favor of in favor of DURUS LIFE SCIENCES MASTER FUND LTD., a Cayman Islands Exempted Company (“Lender”).
REGISTRATION RIGHTS AGREEMENT This REGISTRATION RIGHTS AGREEMENT (this "AGREEMENT") is made as of February 23, 2004, by and among Aksys, Ltd., a Delaware corporation ("AKSYS"), Durus Life Sciences Master Fund Ltd., a Cayman Islands company (the...Registration Rights Agreement • February 26th, 2004 • Aksys LTD • Electromedical & electrotherapeutic apparatus • Illinois
STANDSTILL AGREEMENTStandstill Agreement • October 10th, 2003 • Aksys LTD • Electromedical & electrotherapeutic apparatus • Delaware
This STANDSTILL AGREEMENT (the "Agreement") dated as of October 9, 2003 is by and between Aksys, Ltd. (the "Company") and Durus Life Sciences Master Fund, Ltd. ("Durus").
AMENDMENT TO SETTLEMENT AGREEMENT AND MUTUAL RELEASESettlement Agreement and Mutual Release • April 14th, 2006 • Aksys LTD • Electromedical & electrotherapeutic apparatus • Delaware
This Amendment to Settlement Agreement and Mutual Release (this “Amendment”) is entered into as of March 31, 2006 by and among AKSYS, LTD., a Delaware corporation (the “Company”), DURUS LIFE SCIENCES MASTER FUND LTD., a Cayman Islands company (“Durus”), and ARTAL LONG BIOTECH PORTFOLIO LLC, a Delaware limited liability company (“Artal”). Durus and Artal are collectively referred to herein as the “Investors,” and each is individually referred to herein as an “Investor.”
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • April 3rd, 2006 • Aksys LTD • Electromedical & electrotherapeutic apparatus • New York
This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of March 31, 2006, is entered into by and between Aksys, Ltd., a Delaware corporation, with headquarters located at Two Marriott Drive, Lincolnshire, Illinois 60069 (the “Company”), and Durus Life Sciences Master Fund Ltd., a Cayman Islands company (“Durus” or the “Investor,” and, collectively with other investors listed on the Schedule of Investors attached hereto as Exhibit A, as amended (the “Schedule of Investors”), the “Investors”).
