AMENDMENT NO. 1 TO WARRANT TO PURCHASE STOCK
Exhibit 10.8
AMENDMENT NO. 1 TO WARRANT TO PURCHASE STOCK
THIS AMENDMENT NO. 1 TO WARRANT TO PURCHASE STOCK is made as of September 23, 2010 by and
between Midcap Financial, LLC (“Holder”) and Biolase Technology, Inc., a Delaware corporation (the
“Company”).
WHEREAS, Holder is the holder of that certain Warrant to Purchase Stock dated as of May 27,
2010 issued by the Company to Holder (the “Warrant”); and
1. Warrant Amendment. The Warrant is hereby amended so that from and after the date
hereof, the Initial Shares Warrant Price and the Additional Shares Warrant Price (each as defined
in the Warrant, and referred to therein sometimes as the “Warrant Price”) shall be $0.84, subject
to further adjustment hereafter from time to time in accordance with the provisions of the Warrant.
2. No Other Amendments. Except as amended hereby, the Warrant shall remain in full
force and effect as originally written.
3. Governing Law. This Amendment No. 1 shall be governed by and construed in
accordance with the laws of the State of Delaware, without regard to its conflict of laws
provisions.
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IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 to Warrant to Purchase
Stock as of the date first above written.
BIOLASE TECHNOLOGY, INC. |
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By: | /s/ Xxxxxxxx Xxxxxxxxxx | |||
Name: | Xxxxxxxx Xxxxxxxxxx | |||
Title: | Chairman and interim Chief Executive Officer |
MIDCAP FINANCIAL, LLC |
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By: | /s/ Xxxx Xxxxx | |||
Name: | Xxxx Xxxxx | |||
Title: | Managing Director |
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