FORM OF INDEMNIFICATION AGREEMENTIndemnification Agreement • January 31st, 2008 • MAKO Surgical Corp. • Orthopedic, prosthetic & surgical appliances & supplies • Delaware
This Indemnification Agreement (this “Agreement”) is made as of the ___ day of ___, 200___ by and between MAKO Surgical Corp., a Delaware corporation, (the “Company”) and ___ (the “Indemnitee”).
Development AgreementDevelopment Agreement • January 31st, 2008 • MAKO Surgical Corp. • Orthopedic, prosthetic & surgical appliances & supplies • Florida
This Development Agreement (“Agreement”), is made and entered into, to be effective as of July 6, 2007 (the “Effective Date”), by and between MAKO Surgical Corp, a Delaware corporation having its principal place of business at 2555 Davie Road, Ft. Lauderdale, Florida (“Company”), and Martin W. Roche, M.D., with an address at 2320 Delmar Place, Ft. Lauderdale, Florida 33301 (“Physician”). Company and Physician may each be referred to individually as a “Party” and collectively as the “Parties.”
AMENDMENT TO CONSULTING AGREEMENTConsulting Agreement • January 31st, 2008 • MAKO Surgical Corp. • Orthopedic, prosthetic & surgical appliances & supplies
This Amendment (“Amendment”) is made effective July 6, 2007 (“Effective Date”), by and between MAKO Surgical Corp. (“MAKO”) with a principle place of business at 2555 Davie Road, Ft. Lauderdale, FL 33317 and Martin W. Roche, M.D. (“Consultant”) currently residing at 2320 Delmar Place, Ft. Lauderdale, Florida 33301.
] Shares MAKO SURGICAL CORP. COMMON STOCK, PAR VALUE $0.001 PER SHARE UNDERWRITING AGREEMENTUnderwriting Agreement • January 31st, 2008 • MAKO Surgical Corp. • Orthopedic, prosthetic & surgical appliances & supplies • New York
The undersigned understands that J.P. Morgan Securities Inc. (“J.P. Morgan”) and Morgan Stanley & Co. Incorporated (“Morgan Stanley”) propose to enter into an Underwriting Agreement (the “Underwriting Agreement”) with MAKO Surgical Corp., a Delaware corporation (the “Company”), providing for the public offering pursuant to a registration statement on Form S-1 as filed with the U.S. Securities and Exchange Commission (the “Public Offering”) by the several Underwriters named in Schedule I to the Underwriting Agreement, including J.P. Morgan and Morgan Stanley (the “Underwriters”), of shares of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”).
CONSULTING AGREEMENTConsulting Agreement • January 31st, 2008 • MAKO Surgical Corp. • Orthopedic, prosthetic & surgical appliances & supplies • Florida
This Consulting Agreement (“Agreement”) is made and entered into on August 12, 2005 (“Effective Date”) by and between MAKO Surgical Corp. (“MAKO”) with a principle place of business at 2901 Simms Street, Hollywood, Florida 33020 and Martin W. Roche, M.D. (“Consultant”) currently residing at 2320 Delmar Place, Ft. Lauderdale, Florida 33301.
MAKO SURGICAL CORP. 2004 STOCK INCENTIVE PLAN2004 Stock Incentive Plan • January 31st, 2008 • MAKO Surgical Corp. • Orthopedic, prosthetic & surgical appliances & supplies • Delaware
MAKO Surgical Corp., a Delaware corporation (the “Company”), sets forth herein the terms of its 2004 Stock Incentive Plan (the “Plan”) as follows:
DEVELOPMENT AGREEMENTDevelopment Agreement • January 31st, 2008 • MAKO Surgical Corp. • Orthopedic, prosthetic & surgical appliances & supplies • Delaware
[***] Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as [***]. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission.
