0001047469-16-016053 Sample Contracts

SOLEY, SABORIO & ASOCIADOS Lease Agreement between Zona Franca Coyol S.A. and Apollo Endosurgery S.R.L. -August 2014-
Lease Agreement • October 11th, 2016 • Lpath, Inc • Biological products, (no disgnostic substances)

ZONA FRANCA COYOL, S.A., corporate identification card number three- one hundred one- four hundred and twenty thousand five hundred twelve (the “Landlord”), registered in the Mercantile Section of the Public Registry under book five hundred sixty, entry ten thousand three hundred and seventy nine, consecutive one, hereon represented Huber Andre Garnier Kruse, personal identity card number one- four hundred sixteen- one thousand three hundred forty four, and Alvaro Carballo Pinto, personal identity card number one - five hundred and thirty six - six hundred and fifty five, acting jointly and with sufficient authority for the execution of this lease agreement which legal representation is duly recorded in the Mercantile Section of the Public Registry under book five hundred and sixty five, entry eleven thousand five hundred and ninety two, consecutive one, as certified in Exhibit One.

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CREDIT AGREEMENT Dated as of February 27, 2015 among APOLLO ENDOSURGERY, INC. as the Borrower, THE DOMESTIC SUBSIDIARIES OF THE BORROWER, as the Guarantors, ATHYRIUM OPPORTUNITIES II ACQUISITION LP, as Administrative Agent and THE LENDERS FROM TIME TO...
Credit Agreement • October 11th, 2016 • Lpath, Inc • Biological products, (no disgnostic substances) • New York

This CREDIT AGREEMENT is entered into as of February 27, 2015 among APOLLO ENDOSURGERY, INC., a Delaware corporation (the “Borrower”), the Guarantors (defined herein), the Lenders (defined herein) and ATHYRIUM OPPORTUNITIES II ACQUISITION LP, as Administrative Agent.

EMPLOYMENT AGREEMENT
Employment Agreement • October 11th, 2016 • Lpath, Inc • Biological products, (no disgnostic substances) • Texas

This Employment Agreement (“Agreement”) is dated this 1st day of June, 2006 to be effective as of September 1, 2005 (the “Effective Date”) by and between DENNIS MCWILLIAMS (the “Employee”) and APOLLO ENDOSURGERY, INC., a Delaware corporation (the “Company”). This Agreement shall replace any and all Agreements made between the Company and Employee.

THIRD AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT
Investors’ Rights Agreement • October 11th, 2016 • Lpath, Inc • Biological products, (no disgnostic substances) • Delaware

This THIRD AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (this “Agreement”) is made and entered into as of September 8, 2016 by and among APOLLO ENDOSURGERY, INC., a Delaware corporation (the “Company”) and the investors listed on Exhibit A attached to this Agreement (the “Investors”).

OFFICE LEASE AGREEMENT BETWEEN ASLAN IV AUSTIN, L.L.C., AS LANDLORD AND APOLLO ENDOSURGERY, INC., AS TENANT THE SETTING AUSTIN, TEXAS
Office Lease Agreement • October 11th, 2016 • Lpath, Inc • Biological products, (no disgnostic substances)

This Office Lease Agreement (the “Lease”) is made and entered into as of the 16 day of July, 2012, between ASLAN IV AUSTIN, L.L.C., a Delaware limited liability company (“Landlord”), and APOLLO ENDOSURGERY, INC., a Delaware corporation (“Tenant”).

EMPLOYMENT AGREEMENT Todd Newton
Employment Agreement • October 11th, 2016 • Lpath, Inc • Biological products, (no disgnostic substances) • Texas

EMPLOYMENT AGREEMENT (the “Agreement”), by and between Apollo Endosurgery, Inc. (the “Company”) and Todd Newton (“Executive”) and, together with the Company, the “Parties”).

APOLLO ENDOSURGERY, INC. COMMON STOCK PURCHASE WARRANT
Common Stock Purchase Warrant • October 11th, 2016 • Lpath, Inc • Biological products, (no disgnostic substances) • New York

THIS IS TO CERTIFY that ATHYRIUM OPPORTUNITIES II ACQUISITION LP, a Delaware limited partnership, and its transferees, successors and assigns (the “Holder”), for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, is entitled to purchase from APOLLO ENDOSURGERY, INC., a Delaware corporation (the “Company”), at the price of $1.2223 per share (the “Exercise Price”), at any time after the date hereof (the “Commencement Date”) and expiring on February 27, 2022 (the “Expiration Date”), 2,850,000 shares of the fully paid and non-assessable Common Stock of the Company (as such number may be adjusted as provided herein). The Aggregate Number (as defined below) as in effect on the Commencement Date represents the number of shares that as of the date hereof would constitute 2.04% of all issued and outstanding shares of Capital Stock of the Company on a Fully Diluted basis (as defined below). This Common Stock Purchase Warrant (this “Warrant”) is issued

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