September 7, 2018
Exhibit (e)(4)
September 7, 2018
PRIVATE AND CONFIDENTIAL
000 Xx Xxxx Xxxxxx
San Francisco, CA 94107
Re: Exclusivity Period
Dear Xxxxx:
Reference is hereby made to the letter agreement, dated August 8, 2018 (the “Letter Agreement”), by and between Stryker Corporation (“Stryker”), and Invuity, Inc. (the “Company”) which contemplates a possible strategic business combination.
As you are aware, the Letter Agreement provides that the Exclusivity Period (as defined in the Letter Agreement) expires at 11:59 p.m. Eastern time on September 7, 2018. This letter confirms our agreement that the Letter Agreement is hereby amended to change the date and time that the Exclusivity Period expires to 11:59 p.m. Eastern time on September 10, 2018.
Please confirm your agreement with this amendment to the Letter Agreement by signing below. We look forward to continuing to work with you on the proposed transaction.
| Respectfully, | ||
| STRYKER CORPORATION | ||
| By: | /s/ Xxxxx Xxxxxx | |
| Name: | Xxxxx Xxxxxx | |
| Title: | President, Stryker Instruments | |
| Acknowledged and agreed this 7th day of September, 2018:
| ||
| By: | /s/ Xxxxx X. Xxxxx | |
| Name: | Xxxxx X. Xxxxx | |
| Title: | President and Chief Executive Officer | |
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