WARRANT TO PURCHASE PREFERRED SHARES OF VAPOTHERM, INC.Warrant Agreement • October 1st, 2018 • Vapotherm Inc • Surgical & medical instruments & apparatus • Maryland
This Warrant is issued pursuant to the Note and Warrant Purchase Agreement dated March 14, 2012 among the Company and the Investors listed on the Schedule of Investors attached thereto as Exhibit A (the “Purchase Agreement’). Additional rights and obligations of the Holder (as defined below) and the Company are set forth in the Purchase Agreement. Capitalized terms used and not otherwise defined herein shall have the meanings given them in the Purchase Agreement.
VAPOTHERM, INC. TWELFTH AMENDED AND RESTATED STOCKHOLDERS’ AGREEMENTStockholders' Agreement • October 1st, 2018 • Vapotherm Inc • Surgical & medical instruments & apparatus • Delaware
THIS TWELFTH AMENDED AND RESTATED STOCKHOLDERS’ AGREEMENT (this “Agreement”) is made and entered into as of September 27, 2018 by and among Vapotherm, Inc., a Delaware corporation (the “Company”), and the Persons named in Schedule A hereto (the “Stockholders”).
FIRST AMENDMENT TO LEASELease • October 1st, 2018 • Vapotherm Inc • Surgical & medical instruments & apparatus
THIS FIRST AMENDMENT TO LEASE (this “First Amendment”) is made as of the 11th day of September 2017 (the “Effective Date”) by and between ALBANY ROAD-100 DOMAIN LLC, a Delaware limited liability company (“Landlord”) and VAPOTHERM, INC., a Delaware corporation (“Tenant”).
VAPOTHERM, INC. TENTH AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • October 1st, 2018 • Vapotherm Inc • Surgical & medical instruments & apparatus • Delaware
THIS TENTH AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT (the “Agreement”) is dated as of September 27, 2018, by and among VAPOTHERM, INC., a Delaware corporation (the “Company”); holders of shares of the Company’s Series A Preferred Stock (the “Series A Investors”); holders of shares of the Company’s Series B Preferred Stock (the “Series B Investors”); holders of shares of the Company’s Series C Preferred Stock (the “Series C Investors”); holders of shares of the Company’s Series D Preferred Stock (the “Series D Investors”); holders of shares of the Company’s Series D-1 Preferred Stock (the “Series D-1 Investors”); Bridge Bank, National Association (“Bridge Bank”), and Comerica Bank (“Comerica,” and together with the Series A Investors, the Series B Investors, the Series C Investors, the Series D Investors, the Series D-1 Investors, and Bridge Bank, the “Investors”); in each case, as listed on Exhibit A, which may be amended from time to time by the Company.
SECOND AMENDMENT TO LEASELease Agreement • October 1st, 2018 • Vapotherm Inc • Surgical & medical instruments & apparatus
THIS SECOND AMENDMENT TO LEASE (this “Amendment”) is dated this 6th day of June, 2018 (the “Effective Date”) by and between 100 DOMAIN DRIVE EI, LLC, a Delaware limited liability company, as administrator of the tenancy in common with 100 DOMAIN DRIVE DD, LLC, a Delaware limited liability company (collectively, “Landlord”) and VAPOTHERM, INC., a Delaware corporation (“Tenant”).
VAPOTHERM, INC. AMENDED AND RESTATED Stock Option Award Agreement for U.S. Employees Award No. ###EMPLOYEE_GRANT_NUMBER###Stock Option Award Agreement • October 1st, 2018 • Vapotherm Inc • Surgical & medical instruments & apparatus • Maryland
You (the “Participant”) are hereby awarded the following stock option (the “Option”) to purchase Shares of Vapotherm, Inc. (the “Company”), subject to the terms and conditions set forth in this Stock Option Award Agreement (the “Award Agreement”), and the the Vapotherm, Inc. Amended and Restated 2015 Stock Incentive Plan (the “Plan”), which is attached hereto as Exhibit A. You should carefully review these documents, and consult with your personal financial advisor, before exercising this Option.
AMENDMENT NO. 1 TO CREDIT AGREEMENT AND GUARANTYCredit Agreement and Guaranty • October 1st, 2018 • Vapotherm Inc • Surgical & medical instruments & apparatus • New York
This AMENDMENT NO. 1 TO CREDIT AGREEMENT AND GUARANTY, dated as of September 27, 2018 (this “Amendment”), is made by and among VAPOTHERM, INC., a Delaware corporation (the “Borrower”), certain Subsidiaries of the Borrower that are signatories hereto, the Lenders signatories hereto and PERCEPTIVE CREDIT HOLDINGS II, LP, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein or the context otherwise requires, terms used in this Amendment, including its preamble and recitals, have the meanings provided in the Credit Agreement (defined below).
LEASELease Agreement • October 1st, 2018 • Vapotherm Inc • Surgical & medical instruments & apparatus
THIS LEASE (this “Lease”) is entered into as of the 30th day of September, 2016, by and between ALBANY ROAD - 100 DOMAIN LLC, a Delaware limited liability company (“Landlord”), and VAPOTHERM, INC., a Delaware corporation (“Tenant”).
ContractWarrant Agreement • October 1st, 2018 • Vapotherm Inc • Surgical & medical instruments & apparatus • California
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 WITHOUT AN EFFECTIVE REGISTRATION THEREOF UNDER SUCH ACT OR PURSUANT TO RULE 144 OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO THE CORPORATION AND ITS COUNSEL, THAT SUCH REGISTRATION IS NOT REQUIRED.
