0000950123-09-032876 Sample Contracts

ESCROW AGREEMENT

Escrow Agreement • August 10th, 2009 • Thoratec Corp • Electromedical & electrotherapeutic apparatus • New York

• Contract Type
  Escrow Agreement
• Filed
  August 10th, 2009
• Company
  Thoratec Corp
• Industry
  Electromedical & electrotherapeutic apparatus
• Jurisdiction
  New York

This ESCROW AGREEMENT (this “Agreement”) is dated as of the 12th day of February, 2009, by and among HeartWare International, Inc., a Delaware corporation (“Borrower”), Thoratec Corporation, a California corporation (“Lender”), and U.S. Bank National Association, a national banking association (the “Escrow Agent”), as escrow agent. Borrower and Lender are sometimes referred to herein, collectively, as the “Interested Parties.”

CONFIDENTIAL DISCLOSURE AGREEMENT

Confidentiality Agreement • August 10th, 2009 • Thoratec Corp • Electromedical & electrotherapeutic apparatus • New York

• Contract Type
  Confidentiality Agreement
• Filed
  August 10th, 2009
• Company
  Thoratec Corp
• Industry
  Electromedical & electrotherapeutic apparatus
• Jurisdiction
  New York

This Confidential Disclosure Agreement (the “Agreement”) is entered into as of November 14, 2008 (the “Effective Date”), by and between Thoratec Corporation, 6035 Stoneridge Drive, Pleasanton, California 94588, United States of America, together with its affiliates and subsidiaries (“Thoratec”), and HeartWare International, Inc., Level 57, MLC Centre, 19-29 Martin Place, Sydney NSW 2000, Australia, together with its affiliates and subsidiaries (the “Company”).