ENTEROMEDICS INC. EMPLOYMENT AGREEMENTEmployment Agreement • March 30th, 2021 • Obalon Therapeutics Inc • Surgical & medical instruments & apparatus • California
THIS EMPLOYMENT AGREEMENT (the “Agreement”) is made and entered on May 22, 2017 (the “Agreement Date”), between ENTEROMEDICS INC. (“Company”), a Delaware corporation with its principal place of business at 2800 Patton Road, St. Paul, Minnesota 55113; and Rajesh K. Nihalani (“Employee”), a California resident whose address is 55 Clifford, Irvine, California, 92618, for the purpose of setting forth the terms and conditions of Employee’s employment by Company.
CREDIT AGREEMENTCredit Agreement • March 30th, 2021 • Obalon Therapeutics Inc • Surgical & medical instruments & apparatus • New York
GUARANTEE AND COLLATERAL AGREEMENT dated as of March 25, 2020 among RESHAPE LIFESCIENCES INC. and RESHAPE MEDICAL LLC as Grantors, and ARMISTICE CAPITAL MASTER FUND LTD., as Lender GUARANTEE AND COLLATERAL AGREEMENTGuarantee and Collateral Agreement • March 30th, 2021 • Obalon Therapeutics Inc • Surgical & medical instruments & apparatus • New York
Guarantee and Collateral Agreement, dated as of March 25, 2020 (this “Agreement”), made by each signatory hereto (together with any other Person that becomes a party hereto as provided herein, (“Grantors”), in favor of Armistice Capital Master Fund Ltd., a Cayman Islands exempted company (“Lender”).
SECOND AMENDMENT TO CREDIT AGREEMENTSecond Amendment • March 30th, 2021 • Obalon Therapeutics Inc • Surgical & medical instruments & apparatus
This Second Amendment (this “Second Amendment”), dated as of September 14, 2020, is entered into by and among ReShape Lifesciences Inc., a Delaware corporation (the “Borrower”), and Armistice Capital Master Fund Ltd. (the “Lender”).
CREDIT FACILITY AGREEMENTCredit Facility Agreement • March 30th, 2021 • Obalon Therapeutics Inc • Surgical & medical instruments & apparatus • New York
This Note evidences indebtedness incurred under, and is subject to the terms and provisions of, the Credit Facility Agreement, dated as of January 19, 2021 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Credit Facility Agreement”; terms not otherwise defined herein are used herein as defined in the Credit Facility Agreement), between Borrower and Lender, to which Credit Facility Agreement reference is hereby made for a statement of the terms and provisions under which this Note may or must be paid prior to its due date or its due date accelerated.
RESHAPE LIFESCIENCES EMPLOYMENT AGREEMENTEmployment Agreement • March 30th, 2021 • Obalon Therapeutics Inc • Surgical & medical instruments & apparatus • California
THIS EMPLOYMENT AGREEMENT (the “Agreement”) is made and entered on October 29, 2019 (the “Agreement Date”), between ReShape Lifesciences, (“Company”), a Delaware corporation with its principal place of business at 1001 Calle Amanecer, San Clemente, CA 92673; and Thomas Stankovich (“Employee”), a California resident whose address is 29011 Modjeska Peak, Trabuco Canyon, CA 92679, for the purpose of setting forth the terms and conditions of Employee’s employment by Company.
THIRD AMENDMENT TO CREDIT AGREEMENTThird Amendment • March 30th, 2021 • Obalon Therapeutics Inc • Surgical & medical instruments & apparatus
This Third Amendment (this “Third Amendment”), dated as of December 16, 2020, is entered into by and among ReShape Lifesciences Inc., a Delaware corporation (the “Borrower”), and Armistice Capital Master Fund Ltd. (the “Lender”).
FOURTH AMENDMENT TO CREDIT AGREEMENTFourth Amendment • March 30th, 2021 • Obalon Therapeutics Inc • Surgical & medical instruments & apparatus
This Fourth Amendment (this “Fourth Amendment”), dated as of January 19, 2021, is entered into by and among ReShape Lifesciences Inc., a Delaware corporation (the “Borrower”), and Armistice Capital Master Fund Ltd. (the “Lender”).
EXECUTIVE EMPLOYMENT AGREEMENTEmployment Agreement • March 30th, 2021 • Obalon Therapeutics Inc • Surgical & medical instruments & apparatus • California
This Employment Agreement (the “Agreement”) is made and entered as of August 26, 2019 (the “Agreement Date”), between ReShape Lifesciences Inc. (“Company”), a Delaware corporation with its principal place of business at 1001 Calle Amanecer, San Clemente, CA 92673; and Barton P. Bandy (“Employee”), a California resident whose address is 23 Calle Pacifica, San Clemente, CA 92673, for the purpose of setting forth the terms and conditions of Employee’s employment by Company.
