ANDLoan Agreement • March 16th, 1998 • Exactech Inc • Orthopedic, prosthetic & surgical appliances & supplies
SUNTRUST BANK LOAN AGREEMENTLoan Agreement • November 13th, 2002 • Exactech Inc • Orthopedic, prosthetic & surgical appliances & supplies
EXHIBIT 10.64 SETTLEMENT AGREEMENT I. PARTIES Biomet, Inc. ("Biomet")Settlement Agreement • March 16th, 1998 • Exactech Inc • Orthopedic, prosthetic & surgical appliances & supplies • Oregon
This Credit Agreement is exempt from State of Florida documentary stamp tax because it is not secured by a mortgage on Florida real property and was executed by Borrower and the other Loan Parties, and delivered to JPMorgan Chase Bank, N.A., outside...Credit Agreement • December 18th, 2015 • Exactech Inc • Orthopedic, prosthetic & surgical appliances & supplies • New York
CREDIT AGREEMENT dated as of December 17, 2015 (as it may be amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), among EXACTECH, INC., a Florida corporation (the “Borrower”), the other Loan Parties party hereto, the Lenders party hereto, and JPMORGAN CHASE BANK, N.A., as Administrative Agent.
EXHIBIT 10.2 AGREEMENT FOR SALE AND PURCHASE OF ASSETSPurchase and Sale Agreement • August 14th, 1998 • Exactech Inc • Orthopedic, prosthetic & surgical appliances & supplies • Florida
EXHIBIT 10.63 This instrument prepared by (and return to): Edward W. Vogel III HOLLAND & KNIGHT LLP 92 Lake Wire Drive P. O. Box 32092 Lakeland, FL 33802-2092 MORTGAGE AND SECURITY AGREEMENTMortgage and Security Agreement • March 16th, 1998 • Exactech Inc • Orthopedic, prosthetic & surgical appliances & supplies
EXHIBIT 10.61 LETTER OF CREDIT AGREEMENT Dated as of November 1, 1997 By and Between EXACTECH, INC.Letter of Credit Agreement • March 16th, 1998 • Exactech Inc • Orthopedic, prosthetic & surgical appliances & supplies • Florida
AGREEMENT AND PLAN OF MERGER Dated as of October 22, 2017 among EXACTECH, INC. OSTEON HOLDINGS, L.P. and OSTEON MERGER SUB, INC.Merger Agreement • October 23rd, 2017 • Exactech Inc • Orthopedic, prosthetic & surgical appliances & supplies • Florida
AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of October 22, 2017, by and among Exactech, Inc., a Florida corporation (the “Company”), Osteon Holdings, L.P., a Delaware limited partnership (“Parent”), and Osteon Merger Sub, Inc., a Florida corporation and a wholly owned indirect Subsidiary of Parent (“Merger Sub”).
PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • December 18th, 2015 • Exactech Inc • Orthopedic, prosthetic & surgical appliances & supplies • New York
THIS PLEDGE AND SECURITY AGREEMENT (as it may be amended, restated, supplemented or otherwise modified from time to time, this “Security Agreement”) is entered into as of December 17, 2015 by and among EXACTECH, INC., a Florida corporation (the "Borrower"), ALTIVA, LLC, a Delaware limited liability company ("Altiva"), BRIGHTON PARTNERS, LLC, a Florida limited liability company ("Brighton"), EXACTECH U.S., INC., a Florida corporation ("Exactech US"), EXACTECH INTERNATIONAL, LLC, a Florida corporation ("Exactech International"), and any additional entities which become parties to this Security Agreement by executing a Security Agreement Supplement hereto in substantially the form of Annex I hereto (such additional entities, together with the Borrower, Altiva, Brighton, Exactech US and Exactech International, each a “Grantor”, and collectively, the “Grantors”), and JPMorgan Chase Bank, N.A., in its capacity as administrative agent (the “Administrative Agent”) for the lenders party to the
Deferred Prosecution AgreementDeferred Prosecution Agreement • December 8th, 2010 • Exactech Inc • Orthopedic, prosthetic & surgical appliances & supplies
EXACTECH, INC. Shares of Common Stock, $0.01 par value per share PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • May 9th, 2008 • Exactech Inc • Orthopedic, prosthetic & surgical appliances & supplies • New York
Merrill Lynch Business Financial Services, Inc. 33 West Monroe Street 22nd Floor Chicago, Illinois 60603 312/845-1020 FAX 312/845-9093 Exactech, Inc. 4613 NW 6th Street, Suite D Gainesville, FL 32609 Re: WCMA Line of Credit Extension Ladies And...Loan Agreement • October 31st, 1996 • Exactech Inc • Orthopedic, prosthetic & surgical appliances & supplies
REVOLVING CREDIT AND TERM LOAN AGREEMENT dated as of February 24, 2012 among EXACTECH, INC. as Borrower THE LENDERS FROM TIME TO TIME PARTY HERETO HSBC BANK, as Documentation Agent, COMPASS BANK, as Syndication Agent and SUNTRUST BANK, as...Revolving Credit and Term Loan Agreement • February 28th, 2012 • Exactech Inc • Orthopedic, prosthetic & surgical appliances & supplies • Florida
THIS REVOLVING CREDIT AND TERM LOAN AGREEMENT (this “Agreement”) is made and entered into as of February 24, 2012, by and among EXACTECH, INC., a Florida corporation (the “Borrower”), the several banks and other financial institutions and lenders from time to time party hereto (the “Lenders”), and SUNTRUST BANK, in its capacity as administrative agent for the Lenders (the “Administrative Agent”), as issuing bank (the “Issuing Bank”) and as swingline lender (the “Swingline Lender”).
EMPLOYMENT AGREEMENTEmployment Agreement • May 3rd, 2017 • Exactech Inc • Orthopedic, prosthetic & surgical appliances & supplies • Florida
THIS EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into as of the 1st day of May, 2017 (“Commencement Date”) by and between Exactech, Inc., a Florida corporation (hereinafter called the “Company”), and David Petty (hereinafter called the “Executive”).
June 22, 2000 Exactech, Inc. 2320 N.W. 66th Court Gainesville, FL 32653 Re: Amendment to Loan Documents Ladies & Gentlemen: This Letter Agreement will serve to confirm certain agreements of Merrill Lynch Business Financial Services Inc. ("MLBFS") and...Amendment to Loan Documents • November 14th, 2000 • Exactech Inc • Orthopedic, prosthetic & surgical appliances & supplies
EMPLOYMENT AGREEMENTEmployment Agreement • November 9th, 2010 • Exactech Inc • Orthopedic, prosthetic & surgical appliances & supplies • Florida
THIS EMPLOYEE AGREEMENT (“Agreement”) is made and entered into as of the 20th day of December 2002 by and between Exactech, Inc., a Florida corporation (hereinafter called the “Company, and Gary J. Miller, Ph.D. (hereinafter called the “Executive”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • December 10th, 2007 • Exactech Inc • Orthopedic, prosthetic & surgical appliances & supplies • Florida
This Registration Rights Agreement (this “Agreement”) is made and entered into as of , 2008, among Exactech, Inc., a Florida corporation (the “Company”) and each of the Holders (as defined herein).
PRIVATE CLIENT GROUP MERRILL LYNCH BUSINESS FINANCIAL SERVICES, INC. 33 West Monroe Street, 22nd Floor Chicago, Illinois 60603 312/845-1020 FAX 312/845-9093 Exactech, Inc. 2320 NW 66th Court Gainesville, FL 32653 RE: WCMA LINE OF CREDIT EXTENSION...Wcma Line of Credit Extension • August 14th, 1998 • Exactech Inc • Orthopedic, prosthetic & surgical appliances & supplies
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • December 19th, 2007 • Exactech Inc • Orthopedic, prosthetic & surgical appliances & supplies • Florida
THIS AMENDMENT TO EMPLOYMENT AGREEMENT (this “Amendment”) is made as of this 17th day of December, 2007, by and between R. William Petty, M.D. (“Executive”), and Exactech, Inc., a Florida corporation (the “Company”).
BUSINESS LOAN AGREEMENTBusiness Loan Agreement • October 21st, 2005 • Exactech Inc • Orthopedic, prosthetic & surgical appliances & supplies • Florida
THIS BUSINESS LOAN AGREEMENT between Borrower and Lender for the purposes set forth herein as Borrower’s obligation, is made and executed on the following terms and conditions. Borrower has received prior commercial loans from Lender or has applied to Lender for a commercial loan or loans and other financial accommodations, including those which may be described on any exhibit or schedule attached to this Agreement. All such loans and financial accommodations, together with all future loans and financial accommodations from Lender to Borrower, are referred to in this Agreement individually as the “Loan” and collectively as the “Loans.” Borrower understands and agrees that: (a) in granting, renewing, or extending any Loan, Lender is relying upon Borrower’s representations, warranties, and agreements, as set forth in this Agreement; (b) the granting, renewing, or extending of any Loan by Lender at all times shall be subject to Lender’s sole judgment and discretion; and (c)all such Loans
WHEREASDistribution Agreement • November 14th, 2000 • Exactech Inc • Orthopedic, prosthetic & surgical appliances & supplies • Massachusetts
CORPORATE INTEGRITY AGREEMENT BETWEEN THE OFFICE OF INSPECTOR GENERAL OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND EXACTECH, INC.Corporate Integrity Agreement • December 8th, 2010 • Exactech Inc • Orthopedic, prosthetic & surgical appliances & supplies
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • March 4th, 2008 • Exactech Inc • Orthopedic, prosthetic & surgical appliances & supplies • Florida
THIS AMENDMENT TO EMPLOYMENT AGREEMENT (this “Amendment”) is made as of this 28th day of February, 2008, by and between R. William Petty, M.D. (“Executive”), and Exactech, Inc., a Florida corporation (the “Company”).
ROLLOVER AND VOTING AGREEMENTRollover and Voting Agreement • October 23rd, 2017 • Exactech Inc • Orthopedic, prosthetic & surgical appliances & supplies • Florida
THIS ROLLOVER AND VOTING AGREEMENT (hereinafter referred to as this “Agreement”) is made and entered into as of October 22, 2017 by and between Osteon Holdings, L.P., a Delaware limited partnership (“Parent”), on the one hand, and the shareholders of the Company whose names are set forth on Exhibit A-1 hereto (the “Shareholders”), on the other hand.
SUBSIDIARY GUARANTY AGREEMENTSubsidiary Guaranty Agreement • February 28th, 2012 • Exactech Inc • Orthopedic, prosthetic & surgical appliances & supplies • Florida
THIS SUBSIDIARY GUARANTY AGREEMENT (the “Agreement”), dated as of February 24, 2012, by and among EXACTECH, INC., a Florida corporation (“Borrower”), each of the subsidiaries of Borrower listed on Schedule I hereto (each such Subsidiary individually, a “Guarantor” and collectively, the “Guarantors”) and SUNTRUST BANK, as administrative agent (the “Administrative Agent”) for the several banks and other financial institutions (the “Lenders”) from time to time party to the Revolving Credit and Term Loan Agreement , dated as of the date hereof, by and among Borrower, the Lenders, Administrative Agent, and SunTrust Bank, as Issuing Bank and Swingline Lender (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”; capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to such terms in the Credit Agreement).
REVOLVING CREDIT AGREEMENT dated as of June 13, 2008 among EXACTECH, INC., as Borrower THE LENDERS FROM TIME TO TIME PARTY HERETO and SUNTRUST BANK as Administrative AgentRevolving Credit Agreement • June 19th, 2008 • Exactech Inc • Orthopedic, prosthetic & surgical appliances & supplies • Florida
THIS REVOLVING CREDIT AGREEMENT (this “Agreement”) is made and entered into as of June 13, 2008, by and among EXACTECH, INC., a Florida corporation (the “Borrower”), the several banks and other financial institutions from time to time party hereto (the “Lenders”), and SUNTRUST BANK, in its capacity as administrative agent for the Lenders (the “Administrative Agent”), as a Lender and as swingline lender (the “Swingline Lender”).
Investor Relations Contact: Hawk Associates, Inc. Julie Marshall and Frank Hawkins Phone: 305- 451-1888 E-mail: info@hawkassociates.com http://www.hawkassociates.comLicense Agreement • March 4th, 2008 • Exactech Inc • Orthopedic, prosthetic & surgical appliances & supplies
SUBSIDIARY GUARANTY AGREEMENTSubsidiary Guaranty Agreement • June 19th, 2008 • Exactech Inc • Orthopedic, prosthetic & surgical appliances & supplies • Florida
THIS SUBSIDIARY GUARANTY AGREEMENT dated as of June 13, 2008, among each of the Subsidiaries listed on Schedule I hereto (each such subsidiary individually, a “Guarantor” and collectively, the “Guarantors”) of EXACTECH, INC., a Florida corporation (the “Borrower”), and SUNTRUST BANK, a Georgia banking corporation as administrative agent (the “Administrative Agent”) for the Lenders (as defined in the Credit Agreement referred to below).
WCMA® LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 9th, 2004 • Exactech Inc • Orthopedic, prosthetic & surgical appliances & supplies • Illinois
WCMA LOAN AND SECURITY AGREEMENT NO. 2BN-07R53 (“Loan Agreement”) dated as of June 25, 2004, between EXACTECH, INC., a corporation organized and existing under the laws of the State of Florida having its principal office at 2320 NorthWest 66th Court, Gainesville, FL 32653 (“Customer”), and MERRILL LYNCH BUSINESS FINANCIAL SERVICES INC., a corporation organized and existing under the laws of the State of Delaware having its principal office at 222 North LaSalle Street, Chicago, IL 60601 (“MLBFS”). This Loan Agreement amends and restates the Loan Agreement dated June 23, 1995, between the parties hereto (the “Original Loan Agreement”).
MORTGAGE AND SECURITY AGREEMENTMortgage and Security Agreement • October 21st, 2005 • Exactech Inc • Orthopedic, prosthetic & surgical appliances & supplies • Florida
MORTGAGE AND SECURITY AGREEMENT dated October 18, 2005, (together with any amendments or modifications hereto in effect from time to time, the “Mortgage”), between EXACTECH, INC., a Florida corporation , 2320 NW 66th Court (“Mortgagor”) and SUNTRUST BANK, having an office at 5080 W. Newberry Road, Gainesville, Florida, 32607 (“Mortgagee”).
AMENDMENT NO. 1 TO THE AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • December 4th, 2017 • Exactech Inc • Orthopedic, prosthetic & surgical appliances & supplies • Florida
This AMENDMENT NO. 1 (this “Amendment”) is made and entered into as of December 3, 2017, by and among OSTEON HOLDINGS, L.P., a Delaware limited partnership (“Parent”), OSTEON MERGER SUB, INC., a Florida corporation and wholly-owned direct or indirect subsidiary of Parent (“Merger Sub”), and EXACTECH, INC., a Florida corporation (the “Company”), to amend that certain AGREEMENT AND PLAN OF MERGER, dated as of October 22, 2017, by and among Parent, Merger Sub and the Company (as amended hereby, and as it may have been and may be further amended from time to time, the “Merger Agreement”).
ContractEmployment Agreement • October 6th, 2011 • Exactech Inc • Orthopedic, prosthetic & surgical appliances & supplies • Florida
THIS THIRD AMENDMENT TO EMPLOYMENT AGREEMENT (this “Amendment”) is made as of this 30th day of September, 2011, by and between R. William Petty, M.D. (“Executive”) and Exactech, Inc., a Florida corporation (the “Company”).
March 2, 2001 Exactech, Inc. 2320 N.W. 66th Court Gainesville, FL 32653 Re: WCMA Line of Credit Increase Ladies & Gentlemen: This Letter Agreement will serve to confirm certain agreements of Merrill Lynch Business Financial Services Inc. ("MLBFS") and...Loan Agreement • May 15th, 2001 • Exactech Inc • Orthopedic, prosthetic & surgical appliances & supplies
EMPLOYMENT AGREEMENTEmployment Agreement • April 4th, 2008 • Exactech Inc • Orthopedic, prosthetic & surgical appliances & supplies • Florida
THIS EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into as of the 31st day of March, 2008 by and between Exactech, Inc., a Florida corporation (hereinafter called the “Company”), and William (Bill) Petty, M.D. (hereinafter called the “Executive”).
EXACTECH, INC. AND AMERICAN STOCK TRANSFER & TRUST COMPANY Rights Agent 2003 COMMON STOCK PURCHASE RIGHTS AGREEMENT Dated as of December 15, 2003Common Stock Purchase Rights Agreement • December 19th, 2003 • Exactech Inc • Orthopedic, prosthetic & surgical appliances & supplies • Florida
RIGHTS AGREEMENT, dated as of December 15, 2003 (the “Agreement”), Exactech, Inc., a Florida corporation (the “Company”), and American Stock Transfer & Trust Company (the “Rights Agent”).
