OPTION PURCHASE AGREEMENT among NUVASIVE, INC., PROGENTIX ORTHOBIOLOGY, B.V. and The Sellers listed on Schedule A attached hereto January 13, 2009Option Purchase Agreement • May 8th, 2009 • Nuvasive Inc • Surgical & medical instruments & apparatus • New York
THIS OPTION PURCHASE AGREEMENT (“Agreement”) is made as of January 13, 2009 (“Effective Date”), by and among NuVasive, Inc., a Delaware corporation (“Purchaser”), Progentix Orthobiology B.V., a company organized under the laws of the Netherlands (the “Acquired Company”), the shareholders of the Acquired Company as set forth on Schedule A attached hereto (each a “Seller,” and collectively, the “Sellers,” and along with the Acquired Company, the “Seller Parties”) and Edward van Wezel and Joost D de Bruijn (each, the “Sellers’ Representative”).
PREFERRED STOCK PURCHASE AGREEMENT among NUVASIVE, INC., PROGENTIX ORTHOBIOLOGY, B.V. and The Sellers listed on Schedule A attached hereto January 13, 2009Preferred Stock Purchase Agreement • May 8th, 2009 • Nuvasive Inc • Surgical & medical instruments & apparatus • New York
THIS PREFERRED STOCK PURCHASE AGREEMENT (“Agreement”) is made as of January 13, 2009 (the “Effective Date”), by and among NuVasive, Inc., a Delaware corporation (“Purchaser”), Progentix Orthobiology B.V., a company organized under the laws of the Netherlands (the “Company”), and the shareholders of the Company as set forth on Schedule A attached hereto (each a “Seller,” and collectively, the “Sellers,” and along with the Company, the “Seller Parties”).
AMENDMENT NO. 2 TO ASSET PURCHASE AGREEMENTAsset Purchase Agreement • May 8th, 2009 • Nuvasive Inc • Surgical & medical instruments & apparatus • Delaware
This AMENDMENT NO. 2 TO ASSET PURCHASE AGREEMENT (this “Second Amendment”), dated as of March 25, 2009, is by and between Osiris Therapeutics, Inc., a Delaware corporation (“Seller”), and NuVasive, Inc., a Delaware corporation (“Purchaser”). Capitalized terms used herein and not otherwise defined shall have the meaning given them in that certain Asset Purchase Agreement by and between Seller and Purchaser dated May 8, 2008, as amended pursuant to that certain Amendment to Asset Purchase Agreement by and between Seller and Purchaser dated September 30, 2008 (collectively, the “Agreement”). Seller and Purchaser shall each be referred to herein as a “Party” and collectively as the “Parties.”
EXCLUSIVE DISTRIBUTION AGREEMENTExclusive Distribution Agreement • May 8th, 2009 • Nuvasive Inc • Surgical & medical instruments & apparatus • New York
THIS EXCLUSIVE DISTRIBUTION AGREEMENT (this “Agreement”) is made as of January 13, 2009 (the “Effective Date”), by and between NuVasive, Inc., a corporation organized under the laws of the State of Delaware, U.S.A., with an address at 7473 Lusk Boulevard, San Diego, California 92121 (“NuVasive”), and Progentix Orthobiology B.V., a corporation organized under the laws of Holland, with an address at Professor Bronkhorstlaan 10, building 48, 3723 MB Bilthoven, The Netherlands (“Progentix”).
AMENDMENT NO. 3 TO MANUFACTURING AGREEMENTManufacturing Agreement • May 8th, 2009 • Nuvasive Inc • Surgical & medical instruments & apparatus
THIS AMENDMENT NO. 3 TO MANUFACTURING AGREEMENT (this “Third Amendment”) is made and entered into as of March 25, 2009 (the “Effective Date”), by and between Osiris Therapeutics, Inc., a Delaware corporation (“Osiris”), and NuVasive, Inc., a Delaware corporation (“NuVasive”).
