INDEMNIFICATION AGREEMENTIndemnification Agreement • March 5th, 2004 • Nuvasive Inc • Delaware
This Indemnification Agreement (the "Agreement") is made as of , 2004, by and between NuVasive, Inc., a Delaware corporation (the "Company"), and (the "Indemnitee").
NUVASIVE, INC. STOCK PURCHASE AGREEMENTStock Purchase Agreement • March 5th, 2004 • Nuvasive Inc • California
WARRANT AGREEMENT To Purchase Shares of the Series A Preferred Stock of NUVASIVE, INC. Dated as of September 17, 1999 (the "Effective Date")Warrant Agreement • March 5th, 2004 • Nuvasive Inc • California
WHEREAS, NuVasive, Inc., a Delaware corporation (the "Company") has entered into a Master Lease Agreement dated as of September 17, 1999, Equipment Schedule No. VL-1 and VL-2 dated as of September 17, 1999, and related Summary Equipment Schedules (collectively, the "Leases") with Comdisco Inc., the predecessor of Comdisco Ventures, Inc. ("Comdisco"); and
QuickLinks -- Click here to rapidly navigate through this documentWarrant Agreement • March 5th, 2004 • Nuvasive Inc • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "ACT") OR ANY STATE SECURITIES LAWS. THEY 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.
Patent Purchase AgreementPatent Purchase Agreement • March 5th, 2004 • Nuvasive Inc • California
THIS PATENT PURCHASE AGREEMENT ("Agreement") is entered into as of June 21, 2002 ("Effective Date"), by and between NuVasive, Inc., a Delaware corporation ("Buyer" or "NuVasive") and Dr. Anthony Ross and Dr. Peter Guagliano ("Sellers"). Buyer and Seller agree as follows:
Intellectual Property Purchase AgreementIntellectual Property Purchase Agreement • March 5th, 2004 • Nuvasive Inc • California
THIS INTELLECTUAL PROPERTY PURCHASE AGREEMENT ("IP Purchase Agreement") is entered into as of October 10, 2002 ("Effective Date"), by and between NuVasive, Inc., a Delaware corporation ("Buyer" or "NuVasive") and Spine Partners, LLC, an Ohio limited liability company ("Seller"). Buyer and Seller agree as follows:
FORM OF WARRANTWarrant Agreement • March 5th, 2004 • Nuvasive Inc • Delaware
THIS WARRANT AND THE SECURITIES ISSUABLE UPON THE EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "ACT"), OR ANY STATE SECURITIES LAWS. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED IN THE ABSENCE OF A REGISTRATION STATEMENT IN EFFECT WITH RESPECT TO THE SECURITIES UNDER SUCH ACT OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO THE COMPANY THAT SUCH REGISTRATION IS NOT REQUIRED OR UNLESS SOLD PURSUANT TO AN EXEMPTION UNDER SUCH ACT.
NUVASIVE, INC. SECOND AMENDED AND RESTATED INVESTORS' RIGHTS AGREEMENTInvestors' Rights Agreement • March 5th, 2004 • Nuvasive Inc • California
This Second Amended and Restated Investors' Rights Agreement (this "Agreement") is made as of the 11th day of July, 2002, by and among NuVasive, Inc., a Delaware corporation (the "Company"), the investors listed on Schedule A hereto (referred to individually as an "Investor," and collectively as "Investors"), Dr. James Marino ("Marino") and GATX Ventures, Inc. ("GATX"). Marino is a party to this Agreement only with respect to Sections 2.4, 2.5 and 3. GATX is a party to this Agreement only with respect to Sections 1 and 3, and shall be deemed an "Investor" or "Holder" with respect to only those provisions.
FORM OF WARRANTWarrant Agreement • March 5th, 2004 • Nuvasive Inc • Delaware
THIS WARRANT AND THE SECURITIES ISSUABLE UPON THE EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "ACT"), OR ANY STATE SECURITIES LAWS. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED IN THE ABSENCE OF A REGISTRATION STATEMENT IN EFFECT WITH RESPECT TO THE SECURITIES UNDER SUCH ACT OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO THE COMPANY THAT SUCH REGISTRATION IS NOT REQUIRED OR UNLESS SOLD PURSUANT TO AN EXEMPTION UNDER SUCH ACT.
NUVASIVE, INC. STOCK OPTION AGREEMENTStock Option Agreement • March 5th, 2004 • Nuvasive Inc • California
STANDARD INDUSTRIAL/COMMERCIAL MULTI-TENANT LEASE—MODIFIED NET AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATIONStandard Industrial/Commercial Multi-Tenant Lease • March 5th, 2004 • Nuvasive Inc
FORM OF WARRANTWarrant Agreement • March 5th, 2004 • Nuvasive Inc • Delaware
THIS WARRANT AND THE SECURITIES ISSUABLE UPON THE EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "ACT"), OR ANY STATE SECURITIES LAWS. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED IN THE ABSENCE OF A REGISTRATION STATEMENT IN EFFECT WITH RESPECT TO THE SECURITIES UNDER SUCH ACT OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO THE COMPANY THAT SUCH REGISTRATION IS NOT REQUIRED OR UNLESS SOLD PURSUANT TO AN EXEMPTION UNDER SUCH ACT.
NUVASIVE, INC. AMENDMENT NO. 2 TO SECOND AMENDED AND RESTATED INVESTORS' RIGHTS AGREEMENTInvestors' Rights Agreement • March 5th, 2004 • Nuvasive Inc • California
This Amendment No. 2 to Second Amended and Restated Investors' Rights Agreement (this "Amendment") is made as of February 5, 2004 by and among NuVasive, Inc., a Delaware corporation (the "Company"), the persons and entities listed on Schedule A hereto (each, an "Investor" and collectively, the "Investors"). Capitalized terms used herein which are not defined herein shall have the definition ascribed to them in the Second Amended and Restated Investors' Rights Agreement dated July 11, 2002 among the Company and the persons and entities listed therein (the "Agreement").
NUVASIVE, INC. AMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED INVESTORS' RIGHTS AGREEMENTInvestors' Rights Agreement • March 5th, 2004 • Nuvasive Inc • California
This Amendment No. 1 to Second Amended and Restated Investors' Rights Agreement (this "Amendment") is made as of June 19, 2003 by and among NuVasive, Inc., Inc., a Delaware corporation (the "Company"), and the persons and entities listed on Schedule A hereto (each, an "Investor" and collectively, the "Investors"). Capitalized terms used herein which are not defined herein shall have the definition ascribed to them in the Second Amended and Restated Investors' Rights Agreement dated July 11, 2002 (the "Agreement"), among the Company and certain of the Investors (the "Existing Investors").
QuickLinks -- Click here to rapidly navigate through this documentLease Addendum • March 5th, 2004 • Nuvasive Inc
ADDENDUM TO LEASE BETWEEN EUS PARTNERS, THE SUCCESSOR TO MICHAEL L. HIGHTOWER, LESSOR, AND NUVASIVE, INC. AS LESSEE; LEASE DATED NOVEMBER 1999; ADDENDUM DATED MARCH 25, 2002
BONUS AGREEMENTBonus Agreement • March 5th, 2004 • Nuvasive Inc • California
This Bonus Agreement (this "Agreement"), dated as of February 25, 2000, is by and between Nuvasive, Inc., a Delaware corporation (the "Company"), and Alexis V. Lukianov (the "Executive").
