QuickLinks -- Click here to rapidly navigate through this documentSales Agency Agreement • March 23rd, 2006 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus
Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company's application requesting confidential treatment under Rule 406 of the Securities Act. Asterisks denote omissions.
SECURITY AGREEMENTSecurity Agreement • March 23rd, 2006 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California
This Security Agreement is made and entered into this January 24, 2006, by and between BANK OF THE WEST (the “Bank”) and the undersigned (the “Debtor”).
ALPHATEC SPINE, INC. SALES AGENCY AGREEMENTSales Agency Agreement • March 23rd, 2006 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus
This Sales Agency Agreement (the "Agreement") is between Alphatec Spine, Inc., a California corporation (the "Company") and Spinal Alliance, LLC (hereinafter referred to as "Sales Agent") is made as of October 1, 2005 (the "Effective Date").
ASSET PURCHASE AGREEMENT BY AND BETWEEN CORTEK, INC. AND ALPHATEC MANUFACTURING, INC. July 29, 2005Asset Purchase Agreement • March 23rd, 2006 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York
This Asset Purchase Agreement (the "Agreement") is entered into as of July 29, 2005 by and between Cortek, Inc., a Delaware corporation (the "Seller"), and Alphatec Manufacturing, Inc., a California corporation (the "Purchaser").
CONTINUING GUARANTYContinuing Guaranty • March 23rd, 2006 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California
For value received and in consideration of the extension of credit by BANK OF THE WEST (the “Bank”) to ALPHATEC SPINE, INC. (the “Debtor”) or the benefits to the undersigned derived therefrom, the undersigned (each, a “Guarantor”), guarantees and promises to pay to the Bank any and all Indebtedness (as defined in Subsection 1 below) and agrees as follows:
CREDIT AGREEMENT (ACCOUNTS RECEIVABLE LINE OF CREDIT) (FOREIGN EXCHANGE SUB- FACILITY)Credit Agreement • March 23rd, 2006 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California
This Agreement (the “Agreement”) is made and entered into as of 1/24/06, by and between BANK OF THE WEST (the “Bank”) and ALPHATEC SPINE, INC (the “Borrower”), on the terms and conditions that follow:
EMPLOYMENT AGREEMENTEmployment Agreement • March 23rd, 2006 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York
THIS EMPLOYMENT AGREEMENT (the "Agreement"), made this 23rd day of January, 2006, is entered into among Daniel J. Lacienski ("Employee"), Alphatec Spine, Inc., a California corporation (the "Company"), and Alphatec Holdings, Inc., a Delaware corporation ("Parent").
PRIVATE LABEL DISTRIBUTION AGREEMENTPrivate Label Distribution Agreement • March 23rd, 2006 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York
This DISTRIBUTION AGREEMENT is entered into as of March __, 2006 (the “Effective Date”) by and between Alphatec Spine, Inc., a California corporation (“ASI”), and OsteoBiologics, Inc., a Delaware corporation (“OBI”).
Agreement for Transfer of Business RightTransfer of Business Right • March 23rd, 2006 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus
LICENSE AGREEMENTLicense Agreement • March 23rd, 2006 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California
This License Agreement (the "Agreement") is entered into by and between CROSS MEDICAL PRODUCTS, INC., a Delaware corporation ("Cross"), on the one hand, and Alphatec Manufacturing, Inc. ("Licensee") on the other hand (collectively, the "Parties"), effective as of April 24, 2003 (the "Effective Date").
AGREEMENT AND PLAN OF MERGER AMONG AMI ACQUISITION I CORP., AMI MERGER CORP. AND ALPHATEC MANUFACTURING, INC. Dated as of March 10, 2005Merger Agreement • March 23rd, 2006 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California
THIS AGREEMENT AND PLAN OF MERGER (this "Agreement"), made and entered into as of March 10, 2005, is by and among AMI ACQUISITION I CORP., a Delaware corporation ("Parent"), AMI MERGER CORP., a California corporation and wholly-owned subsidiary of Parent ("Merger Sub"), ALPHATEC MANUFACTURING, INC., a California corporation (the "Company"). Parent, Merger Sub and the Company are sometimes referred to herein each, individually, as a "Party" and, collectively, as the "Parties."
