0001047469-04-011386 Sample Contracts

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Warrant Agreement • April 8th, 2004 • Nuvasive Inc • Surgical & medical instruments & apparatus • California

THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1930, 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.

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SUPPLY AGREEMENT
Supply Agreement • April 8th, 2004 • Nuvasive Inc • Surgical & medical instruments & apparatus • Utah

THIS SUPPLY AGREEMENT (the "Agreement") is made and entered into as of this 21st day of January, 2002 (the "Effective Date"), by and between NuVasive, Inc. ("NuVasive"), a Delaware corporation having its principal offices at 10065 Old Grove Road, San Diego, California 92131; and Intermountain Tissue Center ("ITC"), a division of Ohio Valley Tissue & Skin Center, non-profit organization, with said division having its principal place of business at 615 Arapeen Drive, Suite 105, Salt Lake City, Utah 84108, facsimile number (801) 583-0957 and e-mail address jpierce@itcutah.org. ITC and NuVasive are sometimes individually referred to as a "Party" and together referred to herein as the "Parties."

CLINICAL ADVISOR, PATENT PURCHASE, AND DEVELOPMENT AGREEMENT
Clinical Advisor, Patent Purchase, and Development Agreement • April 8th, 2004 • Nuvasive Inc • Surgical & medical instruments & apparatus • California

THIS AGREEMENT ("Agreement") is entered into as of March 31, 2004 (the "Effective Date"), by and between James L. Chappuis ("Dr. Chappuis") and NuVasive, Inc., a Delaware corporation ("NuVasive"). Dr. Chappuis and NuVasive agree as follows:

NuVasive, Inc. NuVasive, Inc. 2004 Equity Incentive Plan OPTION EXERCISE AND STOCK PURCHASE AGREEMENT Instructions
Option Exercise and Stock Purchase Agreement • April 8th, 2004 • Nuvasive Inc • Surgical & medical instruments & apparatus • Delaware
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Common Stock Purchase Warrant • April 8th, 2004 • Nuvasive Inc • Surgical & medical instruments & apparatus • California

THIS WARRANT AND THE SECURITIES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED OR QUALIFIED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "ACT"), OR ANY APPLICABLE STATE SECURITIES LAWS, AND MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED UNLESS (A) SUCH TRANSFER IS MADE PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE ACT AND IN COMPLIANCE WITH ANY APPLICABLE STATE SECURITIES LAW OR (B) THE HOLDER SHALL DELIVER TO THE ISSUER AN OPINION OF COUNSEL IN FORM AND SUBSTANCE REASONABLY ACCEPTABLE TO THE ISSUER THAT SUCH TRANSFER IS EXEMPT FROM THE REGISTRATION REQUIREMENTS OF THE ACT AND OF ANY APPLICABLE STATE SECURITIES LAW.

NuVasive, Inc. 2004 Equity Incentive Plan Restricted Stock Unit Award Agreement (With Deferrals)
Restricted Stock Unit Award Agreement • April 8th, 2004 • Nuvasive Inc • Surgical & medical instruments & apparatus • California

This Restricted Stock Unit Award Agreement (the "Agreement") is dated as of , 200 and is entered into between NuVasive, Inc., a Delaware corporation (the "Company"), and (the "Employee").

EQUIPMENT LOAN AND SECURITY AGREEMENT
Equipment Loan and Security Agreement • April 8th, 2004 • Nuvasive Inc • Surgical & medical instruments & apparatus • California

The terms and information set forth on this cover page are a part of the attached Equipment Loan and Security Agreement, dated as of the date first written above (this "Agreement"), entered into by and between GATX Ventures, Inc. ("Lender") and NuVasive, Inc. ("Borrower"). The terms and conditions of this Agreement agreed to between the parties hereto are as follows:

NUVASIVE, INC. LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • April 8th, 2004 • Nuvasive Inc • Surgical & medical instruments & apparatus • California

This LOAN AND SECURITY AGREEMENT is entered into as of January 9, 2003, by and between COMERICA BANK—CALIFORNIA ("Bank") and NUVASIVE, INC., a Delaware corporation ("Borrower").

DEVELOPMENT, PRODUCTION AND MARKETING SERVICES AGREEMENT
Development, Production and Marketing Services Agreement • April 8th, 2004 • Nuvasive Inc • Surgical & medical instruments & apparatus • California

THIS AGREEMENT (the "Agreement") is made and entered into by Tissue Banks International, Inc. ("TBI"), a Maryland non-profit corporation, and NuVasive Inc. ("NuVasive"), a Delaware corporation as of the 30th day of December, 1999, to be effective as of October 15, 1999 (the "Effective Date").

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