0000950103-24-003398 Sample Contracts

WAIVER AND AMENDMENT NO. 3 TO AMENDED AND RESTATED CREDIT AGREEMENT AND AMENDMENT TO LENDER WARRANTS AND WARRANT PURCHASE AGREEMENT
Credit Agreement • March 5th, 2024 • Acutus Medical, Inc. • Surgical & medical instruments & apparatus • New York

This WAIVER AND AMENDMENT NO. 3 TO AMENDED AND RESTATED CREDIT AGREEMENT AND AMENDMENT TO LENDER WARRANTS AND WARRANT PURCHASE AGREEMENT (this “Amendment”), dated as of March 4, 2024 (this “Third Amendment Effective Date”), is entered into by and between Acutus Medical, Inc. (the “Borrower” or the “Company”), and Deerfield Partners, L.P. (“Deerfield Partners”) and Deerfield Private Design Fund III, L.P. (“DPD III” and, together with Deerfield Partners, the “Lenders”), and acknowledged by Wilmington Trust, National Association, as Administrative Agent.

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