INOGEN, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • October 16th, 2013 • Inogen Inc • Orthopedic, prosthetic & surgical appliances & supplies • Delaware
This Indemnification Agreement (this “Agreement”) is dated as of [insert date] and is between Inogen, Inc., a Delaware corporation (the “Company”), and [insert name of indemnitee] (“Indemnitee”).
INOGEN, INC. AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT DATED AS OF OCTOBER 12, 2012 COMERICA BANK, AS ADMINISTRATIVE AGENT AND SOLE LEAD ARRANGER/SOLE BOOKRUNNERRevolving Credit and Term Loan Agreement • October 16th, 2013 • Inogen Inc • Orthopedic, prosthetic & surgical appliances & supplies • California
This Amended and Restated Revolving Credit and Term Loan Agreement (“Agreement”) is made as of the 12th day of October, 2012, by and among the financial institutions from time to time signatory hereto (individually a “Lender,” and any and all such financial institutions collectively the “Lenders”), Comerica Bank, as the Administrative Agent for the Lenders (in such capacity, the “Agent”) and Sole Lead Arranger/Sole Bookrunner, and Inogen, Inc. (“Borrower”).
ContractWarrant Agreement • October 16th, 2013 • Inogen Inc • Orthopedic, prosthetic & surgical appliances & supplies • North Carolina
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND MAY NOT BE SOLD, PLEDGED OR OTHERWISE TRANSFERRED EXCEPT IN ACCORDANCE WITH APPLICABLE LAW.
SECURITY AGREEMENTSecurity Agreement • October 16th, 2013 • Inogen Inc • Orthopedic, prosthetic & surgical appliances & supplies • California
THIS SECURITY AGREEMENT (the “Agreement”) dated as of October 12, 2012, is entered into by and among the Borrower (as defined below), such other entities which from time to time become parties hereto (collectively, including the Borrower, the “Debtors” and each, individually, a “Debtor”) and Comerica Bank (“Comerica”), as administrative agent for and on behalf of the Lenders (as defined below) (in such capacity, the “Agent”). The addresses for the Debtors and the Agent, as of the date hereof, are set forth on the signature pages attached hereto.
INOGEN, INC. WARRANT TO PURCHASE SHARESWarrant Agreement • October 16th, 2013 • Inogen Inc • Orthopedic, prosthetic & surgical appliances & supplies • California
This Warrant is issued to (“Investor”) by INOGEN, INC., a Delaware corporation (the “Company”), pursuant to the terms of that certain Series E Preferred Stock and Common Stock Warrant Purchase Agreement (the “Purchase Agreement”) of even date herewith, in connection with the Company’s issuance to the holder of this Warrant of Series E Preferred Stock (the “Series E Preferred Stock”) and such Investor’s Capital Commitment under the Purchase Agreement. Terms used but not defined herein shall have the meaning ascribed to them in the Purchase Agreement.
NINTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • October 16th, 2013 • Inogen Inc • Orthopedic, prosthetic & surgical appliances & supplies • California
THIS NINTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (the “Agreement”) is made as of March 12, 2012 by and among Inogen, Inc., a Delaware corporation (the “Company”), and the investors listed on Schedule A hereto (each, an “Investor” and collectively the “Investors”).
AMENDMENT #2 TO LICENSE AGREEMENTLicense Agreement • October 16th, 2013 • Inogen Inc • Orthopedic, prosthetic & surgical appliances & supplies
This Amendment ( “Amendment2”) to that certain License Agreement dated as of July 23, 2007 as amended effective October 23, 2009 (the “License Agreement”), is entered into by and between AIR PRODUCTS AND CHEMICALS, INC., a Delaware corporation (“AIR PRODUCTS”) and INOGEN, INC., a Delaware corporation (“INOGEN”), effective as of October 4, 2010 (the “Amendment2 Effective Date”). All capitalized terms not otherwise defined in this Amendment2 shall have the meaning as set forth in the License Agreement.
LICENSE AGREEMENTLicense Agreement • October 16th, 2013 • Inogen Inc • Orthopedic, prosthetic & surgical appliances & supplies • Delaware
This Agreement is entered into as of 23 July 2007 (“Effective Date”), by and between AIR PRODUCTS AND CHEMICALS, INC. (“AIR PRODUCTS”), a corporation organized and existing under the laws of the State of Delaware and having its principal office at 7201 Hamilton Boulevard, Allentown, PA 18195, and INOGEN, INC. (“INOGEN”), a corporation organized under the laws of the State of Delaware and having a place of business at 326 Bollay Drive, Goleta, CA 93117.
LEASE AGREEMENT CARDINAL PARKLease Agreement • October 16th, 2013 • Inogen Inc • Orthopedic, prosthetic & surgical appliances & supplies • Texas
AMENDMENT TO LICENSE AGREEMENTLicense Agreement • October 16th, 2013 • Inogen Inc • Orthopedic, prosthetic & surgical appliances & supplies
This Amendment (the “Amendment”) to that certain License Agreement dated as of July 23, 2007 (the “License Agreement”), is entered into by and between AIR PRODUCTS AND CHEMICALS, INC., a Delaware corporation (“AIR PRODUCTS”) and INOGEN, INC., a Delaware corporation (“INOGEN”), effective as of October 23, 2009 (the “Amendment Effective Date”). All capitalized terms not otherwise defined in this Amendment shall have the meaning as set forth in the Agreement.
AMENDMENT #3 TO THE LICENSE AGREEMENTLicense Agreement • October 16th, 2013 • Inogen Inc • Orthopedic, prosthetic & surgical appliances & supplies
This Amendment #3 to the License Agreement (“Amendment #3”) is entered into by and between AIR PRODUCTS AND CHEMICALS, INC (“Air Products”), a corporation organized and existing under the laws of the State of Delaware and having its principal office at 7201 Hamilton Boulevard, Allentown PA 18195 and INOGEN, INC. (“Inogen”), a corporation organized and existing under the laws of the State of Delaware and having its principal office at 326 Bollay Drive, Goleta, California 93117 effective as of March 22, 2011 (the “Effective Date of Amendment #3”).
