0000937556-14-000072 Sample Contracts

AGREEMENT OF PURCHASE AND SALE AND ESCROW INSTRUCTIONS
Agreement of Purchase and Sale and Escrow Instructions • May 1st, 2014 • Masimo Corp • Electromedical & electrotherapeutic apparatus • California

THIS AGREEMENT OF PURCHASE AND SALE AND ESCROW INSTRUCTIONS (“Agreement”) is dated as of November 1, 2013, (the “Effective Date”) by and between Nikken, Inc., a California corporation (“Seller”), and Masimo Corporation, a Delaware corporation (“Buyer”), and (i) constitutes a contract of sale and purchase between the parties, and (ii) escrow agreement among Seller, Buyer and Escrow Holder (defined below), the consent of which appears at the end hereof.

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SECOND AMENDMENT TO PURCHASE AND SALE AGREEMENT
Purchase and Sale Agreement • May 1st, 2014 • Masimo Corp • Electromedical & electrotherapeutic apparatus

THIS SECOND AMENDMENT TO PURCHASE AND SALE AGREEMENT (“Second Amendment”) is made and entered into effective as of the 10th day of January, 2014 by and between NIKKEN, INC., a California corporation (“Seller”), and MASIMO CORPORATION, a Delaware corporation (“Buyer”).

FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT
Purchase and Sale Agreement • May 1st, 2014 • Masimo Corp • Electromedical & electrotherapeutic apparatus

THIS FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT (“First Amendment”) is made and entered into effective as of the 8th day of January, 2014 by and between NIKKEN, Inc., a California corporation (“Seller”), and Masimo Corporation, a Delaware corporation (“Buyer”).

FOURTH AMENDMENT TO PURCHASE AND SALE AGREEMENT
Purchase and Sale Agreement • May 1st, 2014 • Masimo Corp • Electromedical & electrotherapeutic apparatus

THIS FOURTH AMENDMENT TO PURCHASE AND SALE AGREEMENT (“Fourth Amendment”) is made and entered into effective as of the 12th day of March, 2014 by and between NIKKEN, INC., a California corporation (“Seller”), and MASIMO CORPORATION, a Delaware corporation (“Buyer”).

THIRD AMENDMENT TO PURCHASE AND SALE AGREEMENT
Purchase and Sale Agreement • May 1st, 2014 • Masimo Corp • Electromedical & electrotherapeutic apparatus

THIS THIRD AMENDMENT TO PURCHASE AND SALE AGREEMENT (“Third Amendment”) is made and entered into effective as of the 10th day of March, 2014 by and between NIKKEN, INC., a California corporation (“Seller”), and MASIMO CORPORATION, a Delaware corporation (“Buyer”).

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