LDR HOLDING CORPORATION [FORM OF] SUBORDINATED SECURED CONVERTIBLE PROMISSORY NOTESubordinated Secured Convertible Promissory Note • August 26th, 2013 • LDR Holding Corp • Surgical & medical instruments & apparatus • New York
Contract Type FiledAugust 26th, 2013 Company Industry JurisdictionFOR VALUE RECEIVED, LDR Holding Corporation, a Delaware corporation (the “Company”), promises to pay to [SAMPLE] (the “Holder”), or its registered assigns, the principal amount of [ ] and [ ]/100ths dollars ($[ ]), or such lesser amount as shall equal the outstanding principal amount hereof, together with simple interest from the date of this Secured Convertible Promissory Note (this “Note”) on the unpaid principal balance at a rate equal to six percent (6.0%) per annum, computed on the basis of the actual number of days elapsed and a year of 360 days; provided that all past due principal and accrued interest on this Note shall bear interest from Maturity (as defined below) (whether at scheduled Maturity or upon acceleration of Maturity following an Event of Default (as defined below)) until paid at the lesser of (i) the rate of eleven percent (11%) per annum or (ii) the highest rate for which Company may legally contract under applicable law. An amount equal to one and one-half times
LDR MÉDICAL S.A.S. [FORM OF] SUBORDINATED SECURED CONVERTIBLE PROMISSORY NOTE (i.e., obligations convertibles en actions as defined under French law)Subordinated Secured Convertible Promissory Note • August 26th, 2013 • LDR Holding Corp • Surgical & medical instruments & apparatus
Contract Type FiledAugust 26th, 2013 Company IndustryFOR VALUE RECEIVED, LDR Médical S.A.S., a French corporation (the “Company”), promises to pay to [SAMPLE] (the “Holder”), or its registered assigns, the principal amount of [ ] and [ ]/100ths Euro (€ [ ])(such principal calculated by dividing $[ ] by [ ] (the Exchange Rate)), or such lesser amount as shall equal the outstanding principal amount hereof, together with simple interest from the date of this Secured Convertible Promissory Note (this “Note” which will take the form of, and be issued by the Company as, a convertible bond (i.e., an “obligation convertible en actions”) under French company law) on the unpaid principal balance at a rate equal to six percent (6.0%) per annum, computed on the basis of the actual number of days elapsed and a year of 360 days; provided that all past due principal and accrued interest on this Note shall bear interest from Maturity (as defined below) (whether at scheduled Maturity or upon acceleration of Maturity following an Event of Default (as defi