GUARANTYGuaranty • August 13th, 2010 • Biosphere Medical Inc • Surgical & medical instruments & apparatus • Delaware
THIS GUARANTY (this “Guaranty”), dated as of August 10, 2010, is made and entered into by BioSphere Medical S.A., a French société anonyme, BioSphere Medical Japan, Inc., a Delaware corporation, and BSMD Ventures, Inc., a Delaware corporation (individually and collectively, as the context may require, and jointly and severally, “Guarantor”), in favor of Merit Medical Systems, Inc., a Utah corporation (“Lender”).
CONVERTIBLE PROMISSORY NOTEConvertible Promissory Note • August 13th, 2010 • Biosphere Medical Inc • Surgical & medical instruments & apparatus • Delaware
FOR VALUE RECEIVED, the undersigned, BioSphere Medical, Inc., a Delaware corporation (the “Borrower”), hereby promises to pay to the order of Merit Medical Systems, Inc., a Utah corporation (the “Lender”) on the dates specified in this Convertible Promissory Note (this “Note”), the principal sum of TEN MILLION U.S. dollars ($10,000,000) (the “Loan”).
